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On Legal Issues Of Genetic Resources Management In The International Seabed Area

Posted on:2008-06-19Degree:MasterType:Thesis
Country:ChinaCandidate:J D JiangFull Text:PDF
GTID:2166360242978834Subject:International Law
Abstract/Summary:PDF Full Text Request
21st Century is the century of the oceans. The oceans will be the main fields, from which the new resources will be exploited. And now genetic resources in the international seabed areas (hereinafter referred to as "the Area") have been one of the most significant new resources from the oceans. But so far, the legal status of genetic resources in the Area has not been established by the international community. Whether "the Area regime" or "high sea regime" established in the United Nations Convention on the Law of the Sea should govern these genetic resources, is still under debate. This thesis analyses the legal status of genetic resources in the Area, and discusses the legal issues relating to the management of these resources.Besides foreword and conclusion, the thesis includes five chapters:Chapter 1, first, talks about some concepts relating to genetic resources in the Area. Then introduces the general situation of the ecosystem of the whole deep seabed including the Area, and human activities which may cause harmful impacts on the ecosystem of the deep seabed.Chapter 2 exams the current international legal framework about the management of genetic resources in the Area, enumerates the contents relating to genetic resources in the Area in some important conventions, and points out the legal vacuum of the framework on this issue.Chapter 3 , according to the general principles of UNCLOS, illuminates that genetic resources in the Area should be the common heritage of mankind. Then discussed some issues, such as the access to and benefit-sharing of these genetic resources, and technology transfer and intellectual property rights protection.Chapter 4 introduces the activities which have been taken and are being taken by international community to improve the management of genetic resources in the Area. On this basis, some approaches to improve this issue are proposed. In addition, it is emphasized that International Seabed Authority has been playing an active role in managing genetic resources in the Area.Chapter 5 proposes that China should pay more attention to the exploitation and the utilization of genetic resources in the Area, after analyzing the current situations in the industry. So that China will take a status as it deserves in this field.
Keywords/Search Tags:The Area, Genetic resources, UNCLOS
PDF Full Text Request
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