Legal Analysis Of The Equitable Access To Marine Genetic Resources In Areas Beyond National Jurisdiction: In The Perspective Of Developing Countries
Abstract
Marine Genetic Resources (MGRs) have potential and actual commercial
and scientific value. Existing regimes, notably UNCLOS, CBD and Nagoya
Protocol, do not govern the utilization and equitable access benefit-sharing
for MGRs in Areas Beyond National Jurisdiction (ABNJ), which furthers
the gap between developed and developing countries in terms of accessing,
exploiting, and benefiting from MGRs in ABNJ. To fill this legal vacuum,
the BBNJ Agreement was established under UNCLOS to support SDGs and
the legal protection of developing countries in the implementation of equal
access and benefit-sharing of MGRs in ABNJ. This research addresses two
main issues: Firstly, why does the current international legal frameworks for
equitable access of MGRs in ABNJ have to guarantee the equitable among
developed and developing countries? Secondly, what improvement should
be done by the developing countries to ensure that developing countries
have equitable opportunities to access, research, and utilize MGRs in
ABNJ? The thesis employs normative juridical research method with four
approaches, namely the historical, conceptual, comparative, and statutory
approaches. Findings reveal that the reasons the current international legal
framework have to guarantee the equitable access among developed and
developing countries because MGRs in ABNJ is set as a Global Commons,
Promote SDGs, and Uphold Fairness and Equity. The Author suggest there
are some efforts can be done by Developing Countries, which encouraging
investment in MGR utilization in ABNJ and strengthening international
cooperation for technology transfer and capacity-building.
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