Governance on marine biodiversity in the area beyond National Jurisdiction : represented by marine genetic resources

Abstract

Nowadays human being’s ability to explore the high sea and deep sea bed is increasing daily. As a new kind of marine resources, the marine biodiversity is attracting more and more attention for its scientific, economic, industrial, medical and environmental values. However, the exploitation and utilization of the marine biodiversity in the ABNJ has become a controversial issue across the globe. For the marine biodiversity in the ABNJ, developed countries take a view that the development and utilization should be exploited freely by each State according to the principle of “Freedom of the Seas”1. However, developing countries insist that the marine biodiversity in ABNJ should be regarded as the “common heritage” like “the Area” as well as its “resources” in it2 and the benefits should be owned by all human kinds. For the legal framework, now neither the United Nations Convention on the Law of the Sea nor the Convention on Biological Diversity has clearly regulated the marine biodiversity in ABNJ. And there is no such a related international organization which can regulate effectively. Therefore, the current international legal framework is incapable of supervising the marine biodiversity in ABNJ reasonably. Under that circumstance, international society feels it is necessary to establish an effective legal system on the marine biodiversity in ABNJ. This essay aims at introducing firstly the status quo of marine biodiversity and the existing problems of the conservation the marine biodiversity in the ABNJ; secondly the conflicts about the legal status of marine biodiversity represented by marine genetic resources in the ABNJ; thirdly the margins of the existing legal framework about the marine biodiversity in the ABNJ; last but not least the writer’s own analysis of the importance to protect the marine biodiversity and suggestion to protect and conserve the marine biodiversity in ABNJ.