The Scope of an Access and Benefit-Sharing Regime for Marine Genetic Resources in Areas Beyond National Jurisdiction

Abstract

The United Nations General Assembly has by a resolution in 2017 initiated the process towards establishing a legally binding instrument on the conservation and sustainable use of marine biological diversity in ocean areas beyond national jurisdiction. Within the agreed 'package of issues', one of the most contentious issues are the future governance of the deep sea marine genetic resources, and the potential benefit sharing of them. The negotiating States are facing intricate challenges in the process of establishing a legal regime for marine genetic resources, as this issue have raised several legal, ethical and political questions. This thesis examines the conditions that must be met in order to establish a fair and equitable regime of access and benefit sharing of these resources.