The Study On The Legal Status Of Marine Genetic Resources In Areas Beyond National Jurisdiction

With the development of the Bioscience Technology,the important strategic value of the MGRs(Marine Genetic Resource in Areas Beyond National Jurisdiction)has been realized.The conservation and sustainable use of the MGRs has become a focus of attention among the international community.Since there is still a gap in international law in the attribution and utilization of the MGRs,its legal status is constantly controversial in the international community.In this context,solving the legal status of marine genetic resources has become a prerequisite for establishing a constitution.The countries of the world have put forward different opinions based on their own positions in order to safeguard their own interests,in which the opposition between the principle of high sea’s freedom and the principle of common heritage of mankind has dominated the debate.Developed countries with leading ocean technology believe that the MGRs are common property,and the principle of high sea’s freedom should be applied.However,the vast number of developing countries regard the MGRs as common heritage of mankind,so that the principle of common heritage of mankind is preferred by these countries.First of all,in this paper,the concept and value of the MGRs have been defined,and the existing international legal system has been reviewed as well,so as to persist definitely in discussing the issue of the MGRs’ legal status.Besides,the analysis of the feasibility of applying the Principle of high sea’s freedom and the principle of common heritage of mankind shows that the former principle advocates their respective development and their respective benefits.It is essentially a tool for the developed countries to monopolize marine resources,which will have drawbacks for the development of the country and even the marine environment.The latter principle is inclined to the United Nations Convention on the Law of the Sea and its Implementation Agreement which stand for unified development and mutual benefit,due to those are more in line with the common interests of all mankind.Nevertheless,the application of the principle of common heritance of mankind still faces many practical obstacles.Based on the above research,the paper proposes the following suggestions for solving the legal status of the MGRs:one is to define the MGRs as human common inheritance property;furthermore,the idea about community of shared future for mankind is supposed to be integrated into the Principle of Common Heritage of Mankind;the last one is making some adjustment for the system of access and benefit-sharing regime under common heritage of mankind.Finally,it puts forward some countermeasures for the active participation in establishing the he legal status of the MGRs.