A Study On Formulating International Mechanisms For Access And Benefit Sharing Of Marine Genetic Resources In Areas Beyond National Jurisdiction

In recent years,advances in science and technology have enabled humans to access,explore and utilize marine genetic resources(MGR)in areas beyond national jurisdiction(ABNJ).At present,this field still lacks effective international regulations,and countries have not yet reached a consensus on the legislation of creating an international mechanism for access and benefit sharing of MGR in ABNJ.The lack of a comprehensive legal regime for the management of marine genetic resources is not conducive to the overall development of marine scientific research,and it also puts marine biodiversity beyond national jurisdiction(BBNJ)in a vulnerable position,thus making it impossible to realize the goal on the sustainable use of marine genetic resources.Currently,countries have endeavored to negotiate an international legally binding treaty in this field,but it is difficult for all parties to reach a consensus on a range of issues,which makes the negotiation process relatively slow.Negotiations mainly focus on disputes over the legal status of marine genetic resources in ABNJ,disputes over access mechanisms,and disputes over benefit-sharing mechanisms.This paper argues that the dispute over the legal status of ABNJ’s marine genetic resources should be weakened,and access and benefit-sharing mechanism should be established as soon as possible with the goal of equitably sharing marine resources.By sorting out management models of the existing international conventions on genetic resources,this article will analyze the innovations that should be introduced into the future BBNJ agreement.Access mechanism of MGR should include international governance for ex situ access and access to data of genetic resources.Furthermore,global interconnectivity of MGR’s data should be encouraged.In terms of benefit-sharing,the importance of building a non-monetary benefit-sharing mechanism should be emphasized,and the triggering mechanism of monetary benefit-sharing is also in need of further clarifying.The international governance mechanisms in this field should be oriented by the principle of sharing the benefits of marine genetic resources equitably,which would contribute to the development of global marine scientific research.This paper proposes specific management mechanisms for access and benefit-sharing of ABNJ’s marine genetic resources.