Marine Genetic Resources in Areas Beyond National Jurisdiction: Developing States and issues related to equitable benefit sharing

Abstract

One of the “2011 package” issues brought to light through the BBNJ negotiation is the question of benefit sharing. In that context, this thesis aims to consider which measures are necessary to ensure fair and equal access and utilization of the benefits derived from MGR activities in ABNJ. The research will examine the previous negotiations to identify the range of potential measures that could be adopted to meet the aim of fair and equal access and benefit sharing. In order to answer these questions, focus will be directed towards the existing legal framework that regulates MGRs in ABNJ, the ongoing BBNJ negotiations and the potential of an ABS-regime. This topic has been tried resolved earlier, without success.

However, this objective of this thesis is to confirm which conditions contributes to inhibit fair and equal benefit sharing of MGRs, with due regard for developing States. Finally, possible solutions will be set out with a view on filling the gaps, in light of the final negotiation stage under the auspices of UNGA.

In summary, the specific objectives of this thesis are to (1) identify how activities in ABNJ currently are governed; (2) identify the legal gaps regarding utilization and equitable benefit sharing of genetic resources in ABNJ; and (3) assess how these legal issues could be resolved through an updated and supplementary international framework.