Research On Benefit Sharing System Of ABNJ Marine Genetic Resources

With the deep sea gradually coming into people’s economic field of vision,its importance is becoming more and more prominent,and the strategic value of the ocean is also receiving more and more attention.Marine genetic resources in sea areas outside national jurisdiction have become the object of competition because of their outstanding economic value,diplomatic and strategic position and biological value.However,due to the lack of international law with universal binding force and the lack of management mechanism,developed countries and developing countries are obviously unfair in the acquisition and benefit sharing of ABNJ Marine genetic resources,as well as the theoretical differences on ABNJ Marine genetic resources in the negotiation process of BBNJ international agreement between the “North and South” countries,etc.There is a lack of systematic research on benefit sharing system of ABNJ Marine genetic resources.The legal status of ABNJ Marine genetic resources should be clarified first when exploring the related issues of the establishment of the benefit sharing system of ABNJ Marine genetic resources.Compared with the theory of freedom of the high seas and the theory of common property of mankind,the theory of common heritage of mankind is more suitable for the legal status of ABNJ Marine genetic resources.However,the model of the International Seabed Authority is not in line with the functional goal of fair and reasonable sharing of ABNJ genetic resources due to its inherent defects,its distribution content is limited to economic interests and the distribution method is equal.Set up in the "convention on biological diversity" including "prior informed consent" and "common agreed conditions",obtain the biological genetic resources precedent condition,the fao treaty established by the management of the funds directly control the interests of the sharing fund,the Nagoya protocol established including checkpoints,license,and set up information exchange,a new monitoring machine These measures are in line with the requirements of balancing the freedom of Marine science and the reasonable sharing of the benefits of Marine genetic resources under the current new situation,and help to achieve the goal of maintaining biodiversity and sustainable utilization of ABNJ Marine genetic resources in seas outside national jurisdiction.Therefore,they can provide inspiration for the design of ABNJ Marine genetic resources benefit sharing system.In several formal and informal meetings of BBNJ international agreement negotiations,due to different interests and positions,there have been great differences on the legal status of ABNJ Marine genetic resources,the scope of the subject of benefit sharing and the scope of the object of benefit sharing.By analyzing the focus of the controversy and the motivation behind it,this paper will follow the following ideas when exploring the ABNJ Marine genetic resources Benefit Sharing System: First,the establishment of a new institution under the BBNJ international agreement is the best plan to establish the ABNJ Marine genetic resources Benefit Sharing Management Organization;Second,the objective of sharing the benefits of ABNJ Marine genetic resources in a "fair and reasonable" way is defined.Thirdly,the principles of statutory supervision,convenient access,classified management and transparent management should be taken as the principles to be followed by the ABNJ Marine genetic resources Benefit Sharing System.Fourthly,it is clear that the subjects of ABNJ Marine genetic resources benefit sharing include beneficiary subjects and obligatory subjects.Fifthly,the objects of ABNJ Marine genetic resources benefit sharing are mainly monetary benefit and non-monetary benefit,but the non-monetary benefit sharing should be emphasized in practice.Sixth,an information sharing and supervision mechanism including the ABNJ Marine genetic resources information tracking mechanism should be established.In the consultation process of the BBNJ international agreement,China should act as a responsible major country,uphold the concept of a maritime community with a shared future,adhere to mutualism,and strengthen the Marine governance mechanism for consultation,collaboration and sharing.At the same time,China should grasp the right to speak and contribute Chinese wisdom in the process of participating in the establishment of the ABNJ Marine genetic resources benefits-sharing system.The aim is to build a harmonious,open,inclusive,clean and beautiful ocean.