Study On The Applicable Principles Of International Legal Regulation On The Utilization Of Marine Genetic Resources Beyond National Jurisdiction

It has necessary to use the ILR to regulate the marine genetic resources beyond national jurisdiction.In the current legislative negotiations,there are three viewpoints on the applicable principles:the principle of freedom of the high seas,the principle of common heritage of mankind,and the principle of mixed application.However,the idea of mixed application of principles has not been further discussed in the negotiations.The negotiations are still limited to the deadlock in the application of the principle of freedom of the high seas and the principle of common heritage of mankind,which eventually led to be put on hold.However,the issue of the application of the principle is still ongoing in the discussion of the general principles in the first part of the agreement,and whether the expression of the principle of the common heritage of mankind needs to be retained is still an issue to be resolved.The reason why the applicable principle is difficult to determine in the negotiation is because the elements of the principle’s application are not clear,and because of the lack of substantive discussion between the principle elements and the system construction in the dispute.The three viewpoints on the application of the principle should be analyzed,and after comparing the reasons and defects of applying the principle of freedom of the high seas and the reasons and obstacles of applying the principle of common inheritance of mankind,it is believed that the problems arising from the application of a single principle are difficult to overcome,so the principle of mixed application should be supported.However,the connotation of the principle of mixed application is not clear in the academic world,so its connotation should be determined as a partial adoption of the principle elements involved in the principle of common inheritance of human beings and the principle of freedom of the high seas.For access,elements revolved in the principle of freedom of the high seas should be considered more,as well as for exploitation,elements under the principle of common heritage of mankind should be reflected more.The elements under the mixed principle can be determined as follows: no possession;peaceful use;fair and reasonable benefit-sharing based on exchange justice;utilization that takes into account both efficiency and equality;intergenerational interests.Elements as‘utilization that takes into account both efficiency and equality ’ and ‘ intergenerational interests ’ should guide the construction of resource access system,which is embodied in the way that resource access should not be managed by international institutions with strict access conditions,but should be imposed on some Weakly restrictive measures for the purpose of benefit-sharing.And the behavior of access should subject to environmental protection and resource conservation restrictions.The elements as‘fair and reasonable benefit-sharing based on exchange justice’should guide the benefit-sharing regime,which is embodied in the determination of the scope of benefits,the construction of a benefit-sharing system that is coordinated with the intellectual property system,and the construction of a benefit-sharing system that combines both soft and hard laws.And according to this system,we can make appropriate choices in institutions.Finally,China should tend to adopt the position of the mixed application principle in disputes over the applicable principles,and can incorporate the concept of a community of a community of shared future for oceans into the BBNJ international agreement as a carrier for the application of the mixed principle.Institutional construction under the principle of mixed application can meet the needs of China’s interests.China also needs to make efforts in the three aspects of strengthening scientific research,legislation and negotiation capabilities,so as to promote the international recognition of China’s ideas and plans.