Research On The System Of Access To And Benefit Sharing Of Marine Genetic Resources In The Area Beyond National Jurisdiction

With the advancement of science and technology and the development of marine resources,it poses a huge threat to the marine environment and its marine genetic resources.Marine resource development activities include invasive marine scientific research,biological prospecting,deep-sea seabed mining and environmental reconstruction activities.If sustainable management is not carried out now and in the future,it will seriously damage the sustainable development of marine ecosystems and marine biodiversity.How to construct a reasonable system for obtaining and benefit-sharing marine genetic resources beyond national jurisdiction has become an international hot topic.This article analyzes the deficiencies of the current legal systems formulated by various countries for the joint protection of marine genetic resources beyond national jurisdiction,and puts forward constructive suggestions for the establishment of a sound legal system for the protection of marine genetic resources.There are five parts in this article.The first part analyzes the importance of marine genetic resources and the marine activities related to marine genetic resources by introducing the concept of marine genetic resources in the seas outside the jurisdiction of each country and the value they can bring.The necessity of constructing a reasonable legal system to protect marine biodiversity is clarified.The second part sorts out the existing policies and shortcomings of marine genetic resources in sea areas beyond national jurisdiction.At present,the specific legal system concerning marine genetic resources in seas beyond national jurisdiction is still under negotiation,but it does not mean that there is no international regulation.As a prerequisite for the establishment of the system,we must first analyze the existing policies and legal status of marine genetic resources in the waters beyond national jurisdiction.As a problem-oriented system construction,it is also necessary to analyze the deficiencies in the existing policies for marine genetic resources in sea areas beyond national jurisdiction.The third part is the dispute about the marine genetic resources in the seas beyond national jurisdiction.Developed countries and developing countries have different views and positions on marine genetic resources beyond national jurisdiction.Developed countries believe that marine genetic resources beyond national jurisdiction should follow the "principle of freedom of the high seas" and allow countries to develop freely,while developing countries insist that marine genetic resources belong to the common heritage of mankind.The fourth part tries to build reasonable system for accessing and benefit-sharing marine genetic resources beyond national jurisdiction.Adhere to the principle of"common heritage of mankind" of marine genetic resources beyond national jurisdiction,and no country may take them as their own.This chapter will base on the legal status of the marine genetic resource acquisition and benefit-sharing system in the seas beyond national jurisdiction,and discuss the construction of the marine genetic resource acquisition and benefit-sharing system.The fifth part is regarding China’s position and corresponding countermeasures in constructing a system of access to and benefit-sharing of marine genetic resources beyond national jurisdiction.China position is that marine genetic resources outside of national jurisdiction are the common heritage of mankind,but it does not hinder the development of scientific research and technology related to marine genetic resources.China has taken a series of positive measures to narrow the gap between China and developed countries in marine genetic resources management.