The Research On Legal Issues Of Benefit Sharing System Of Marine Genetic Resources In Areas Beyond National Jurisdiction

With the progress of science and technology,various biological resources and ecosystems such as hydrothermal vents have been discovered in areas beyond national jurisdiction.However,with the development of human activities in these areas,marine living resources and ecosystems have been affected.At the same time,the distribution of benefits generated by the development and utilization of these resources is not fair.Therefore,it is urgent to carry out legal regulation on activities related to marine genetic resources in areas beyond national jurisdiction.In its resolution 69/292,the United Nations General Assembly decided to draw up a legally binding international agreement on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction(BBNJ)in accordance with the provisions of the United Nations Convention on the Law of the Sea.This agreement covers four major topics,including marine genetic resources(MGRs)and their benefit sharing in areas beyond national jurisdiction.Among them,the issue of marine genetic resources and their benefit sharing is the most complex and controversial issue.During the negotiation process,various parties proposed different views on relevant issues,which were reflected in six successive drafts,including the scope of benefit sharing,the principles of benefit sharing systems,and the specific construction of the system.In addition,as a major developing country,how can China obtain a position consistent with its status in the battle for the development and utilization of marine genetic resources;how to improve relevant domestic legislation for this emerging activity and promote China’s work and rights protection in related fields is crucial.Based on the above analysis,chapter Ⅰ introduces the current situation of marine genetic resources in areas beyond national jurisdiction,and explores the scope of the benefit sharing system.In terms of the scope of benefit sharing,differences focus on whether to include "digital sequence information" in the scope.The practice of juxtaposing "activities related to marine genetic resources" with "activities related to digital sequence information on marine genetic resources" in the Draft Agreement balances the interests and aspirations of developed and developing countries.Chapter Ⅱ analyzes the construction principles of the benefit sharing system for marine genetic resources beyond areas of national jurisdiction.The core of this issue is whether the principle of common heritage of mankind or the principle of freedom of the high seas should be applied.After tracing the development process of the two principles,it is pointed out that the two principles have similarities in ideological origins,laying the foundation for the construction of the third path,namely,balancing the individual interests of the country and the collective interests of the international community with the common heritage of humanity as the core.Chapter Ⅲ is the specific construction of the benefit sharing system.Regarding this issue,the dispute focuses on the form of benefit sharing and whether to include intellectual property protection provisions.In view of the lack of scientific knowledge and the high cost and risk of research proposed in Chapter I,as well as the balance of interests pursued in the third path,it is necessary to appropriately apply the intellectual property system.In terms of specific construction,it is proposed to achieve appropriate application of the intellectual property system and effective supervision of the benefit sharing system through the disclosure system.On the form of benefit sharing,on the one hand,it is not reasonable for the draft agreement to substantially weaken the monetary benefit sharing obligation,and on the other hand,it emphasizes that nonmonetary benefit sharing obligations should focus on effectiveness.Chapter Ⅳ is China’s legal response to the issue of benefit sharing of marine genetic resources.On this issue,China is based on both the overall interests of the international community and its own development.Therefore,the third path is in line with China’s position.Finally,if China accedes to the BBNJ agreement,it puts forward prospects for how to carry out domestic legal responses.To sum up,this paper focuses on the proposals made by various countries in the negotiation of the BBNJ Agreement regarding the scope,construction principles,and specific institutional construction of the benefit sharing system for marine genetic resources beyond areas of national jurisdiction,as well as the reflection of these proposals in the draft agreement text.It also attempts to propose possible solutions from the perspective of academic discussions,as well as relevant suggestions for China’s response at both international and domestic levels.