Research On International Law On Access And Benefit Sharing Of Biological Genetic Resources

As a new kind of strategic resources,biological genetic resources have important status and research significance in the international community because of its potential great value.Due to the uneven level of economic and technological development in the world,many countries with rich biological genetic resources are exploited,so the phenomenon of biological genetic resources theft is very common.International treaties have made many attempts to regulate the access and benefit-sharing of biological genetic resources.In 1992,the Convention on Biological Diversity made provisions on the protection of biological diversity,aimed at the development and transfer of biotechnology,and emphasized the security and benefit-sharing of biological genetic resources.In 2010,the Nagoya Protocol formally put forward the issue of equitable and equitable benefit sharing,and set the access to and benefit sharing of biological genetic resources as the ultimate goal.This paper first introduces the concept of biological genetic resources in international law,which is different from the concept of biological field,including the type,scope and characteristics of biological genetic resources.At the same time,it introduces the reasons for the acquisition and benefit sharing of biological genetic resources,including what normative legal documents exist in the world at present and how to regulate them.Secondly,it introduces the main problems existing in the acquisition and benefit sharing of biological genetic resources,and divides the discussion into the biological genetic resources within the national jurisdiction and the biological genetic resources outside the national jurisdiction.Next,it introduces the strategy of building a global multilateral benefit-sharing mechanism.Mainly for the existing problems to give reasonable suggestions.Finally,it introduces the international treaties on biological genetic resources that China has acceded to,and China’s practice in the acquisition and sharing of biological genetic resources,including domestic legislation and international practice.Now,outside the scope of national jurisdiction and there are different levels of biological genetic resources access and benefit sharing unfair problem,an urgent need to establish a complete set of multilateral benefit mechanism of biological genetic resources access and benefit sharing standard,the article hopes that by combining with the international practice and discusses the problem of existing international treaty,In order to find out the appropriate path to solve the problem.