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.