Study On Benefit Sharing Of Marine Genetic Resources From Areas Beyond National Jurisdiction

Ocean and its resources play an important role in balancing livings and providing goods and services benefiting human in the world.With the development of the marine scientific research and prospecting technology,abundant marine genetic resources have been found under the "area" which has significant meaning of researching and using in industry,medical and military.Legal status of marine genetic resource from area beyond national jurisdiction is still not clear with lack of international regulations and relevant academic research.The tenet of the article is to analyse the legal status on benefit sharing of marine genetic resources from areas beyond national jurisdiction and the benefit sharing in this area.There are four chapters.The first chapter introduces meanings of area beyond national jurisdiction,marine genetic resources from areas beyond national jurisdiction and benefit sharing of marine genetic resources from areas beyond national jurisdiction.The second chapter analyses the legal status on benefit sharing of marine genetic resources from areas beyond national jurisdiction,and introduces the international argument in this question.And then analyses the legal status on benefit sharing of marine genetic resources from areas beyond national jurisdiction is the principle of "common heritage of mankind".The third chapter introduces the regimes applying benefit sharing of marine genetic resources from areas beyond national jurisdiction,intellectual property regime and benefit of sharing regime mainly.The article proposes the view of this question:perfection of the intellectual property regime and improvement of benefit of sharing regime.The forth chapter analyses the strategies of China about benefit of sharing regime of the international instrument with the process of BBNJ negotiation:marine genetic resources from areas beyond national jurisdiction should take "common heritage of mankind" as a principle,strengthen the research of law and the innovation of scientific in the relevant area,so that we can have a global ocean strategy fitting for the long-term development of China and the interest of all mankind.