Research On The Legal Issues Regarding The Protection Of Marine Genetic Resources In Areas Beyond National Jurisdiction

Marine Genetic Resources are biological materials or genetic functions that exist in Areas Beyond National Jurisdiction(including deep-water bodies,sea-beds,ocean bottoms,and their subsoils).Since humans shifted their resource acquisition route from land to sea,marine environmental issues have emerged,posing a major danger to Marine Genetic Resources’ living habitat.Not only that,existing legislation,such as the United Nations Convention on the Law of the Sea,does not provide for the acquisition of Marine Genetic Resources.The study of legal issues related to the protection Marine Genetic Resources is a comprehensive exploration that combines legal regulations on marine ecological environment protection,marine biodiversity protection,and the distribution of benefits derived from Marine Genetic Resources.Therefore,it is necessary to conduct in-depth research on the legal issues related to Marine genetic resources such as environmental protection,collection and utilization.The importance of protecting Marine Genetic Resources stems not just from the fact that they may be transformed into monetary rewards,but also from the shift in human ocean awareness from exploitation to conservation,it has the dual value of practice field and theory field.As Marine genetic resources are newly discovered with the development of science and technology,the legal basis for regulating them is still in a blank stage.Under this background,the Agreement on the Conservation and Sustainable Use of Biodiversity in Sea Areas beyond National Jurisdiction came into being,which has attracted international attention as the third implementation agreement of the United Nations Convention on the Law of the Sea.In the process of facilitating the formation of the new agreement,sovereign States have adopted different attitudes towards the legal status of Marine genetic resources.Chinese scholars have demonstrated that Marine genetic resources can be applied to the principle of common inheritance of human beings,but it is a better choice to take the theory of community of human destiny as a guide to the legal status of Marine genetic resources.In practice,the protection of Marine genetic resources should be based on principles of international law.Therefore,while expecting the Biological Diversity Beyond Areas of National Jurisdiction to fill the legal gap,the existing principles of international law should also be fully analyzed.Countries have formed general legal principles in the practice of ocean exploitation and utilization in different periods.Some of these principles can be recognized by countries and play a certain role in adjusting the International Oceanic Administration.In the process of exploring related issues,it is necessary to dialectically look at the principles of international law generated at different stages,rationally analyze whether the relevant legal issues of Marine genetic resources protection can be applied to the principles,while taking into account the international soft law and the positive role of international non-governmental organizations.With the finalization of the draft Biological Diversity Beyond Areas of National Jurisdiction,the legal gap on Marine genetic resources is gradually being filled.The Agreement mainly discusses and implements four elements,namely,the definition of Marine genetic resources,zonal management tools,environmental assessment impact mechanisms,and capacity building and transfer of Marine technologies.After nearly two decades of intense negotiations,the final draft text is as inclusive and balanced as possible.In addition to the positive effects,the agreement may also bring some negative effects after its signing and adoption.It is the consensus of the international community that the new rules should not contradict the existing international law and regional maritime mechanisms.A legal system should be established that could reasonably deal with current problems and coexist with existing mechanisms.Therefore,regarding the construction of specific rules for the protection of marine genetic resources,the purpose of this thesis is to clarify who is responsible for the conservation of Marine Genetic Resources and who benefits from the protection of Marine Genetic Resources.The system is designed about the resources in the international sea-bed area that are also in the sea area outside national authority,using the Environmental Impact Assessments and the high seas protected area system as tools to preserve Marine Genetic Resources.Finally,the protection of Marine Genetic Resources needs specific incentives.A fair Access and Benefit-sharing can strike a balance between deep-sea genetic resource suppliers and recipient countries,achieving the objective of utilizing Marine Genetic Resources for the common good of all humanity.China has been actively involved in the practice of marine research and technological development,as well as the building of an international maritime law framework,in recent years.China should assume the responsibility of a major country on the premise of actively pursuing its rights and interests and promoting the formation of Biological Diversity Beyond Areas of National Jurisdiction as a leader in developing countries,as it turns from a major maritime country to maritime power.China’s positive response to its standing as a responsible great country is the notion of a Community of Shared Future for the ocean,which is also a key solution to the legal conflict over Marine Genetic Resources.Before forming global legal regulations,China should promote regional cooperation based on the Asia-Pacific region’s common interests,and use the concept of a Community of Shared Future for Asia and a Community of Shared Future for Mankind as a clear implementation concept for China’s Marine Genetic Resources affairs.