Guiding Principles and Approaches for Marine Genetic Resources

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From the report of the BBNJ Preparatory Committee, 31/07/17 :

ii) Principles and approaches guiding benefit-sharing

The text would set out the principles and approaches guiding benefit- sharing, such as:

  • being beneficial to current and future generations; and
  • promoting marine scientific research and research and

development.

From the President's aid to discussions, 25/06/18:

(a) Which principles and approaches guiding benefit-sharing, if any, in addition to those included in section III of the report of the Preparatory Committee, could be included in the instrument? Further discussions are required with regard to the common heritage of mankind and the freedom of the high seas.

(b) Would the principles and approaches guiding benefit-sharing be explicitly listed in the instrument or would they be operationalized in the provisions of the instrument concerning benefit-sharing?

Suggestion 1: Fair, equitable and effective approach[edit | edit source]

The following principles be included to guide a fair, equitable and effective approach on benefit sharing of MGRs of ABNJ:

  • inclusivity of developing states—to address the fact that access to MGRs and capacity are not equal among States;
  • the need to foster scientific research and development; and
  • the need to safeguard investments of the private sector so that the burden of benefit sharing does not hamper development of new products.

References:

Suggestion 2: Principles from UNCLOS[edit | edit source]

States shall observe the following principles and approaches guiding the conservation and sustainable use of marine genetic resources of areas beyond national jurisdiction:

a) all states have the right to conduct marine scientific research, (Art 238 of UNCLOS)

b) marine scientific research shall be conducted in compliance with all relevant regulations adopted in conformity with this convention including those for the protection of the marine environment (under Art 240 of UNCLOS)

c) marine scientific research shall be conducted exclusively for peaceful purposes (Art 240 of UNCLOS)

d) marine scientific research shall be conducted with appropriate scientific methods and means compatible with this Convention (Art 240 of UNCLOS)

e) marine scientific research shall not unjustifiably interfere with other legitimate uses of the sea compatible with this Convention and shall be duly respected in the course of such uses; (under Art 240 of UNCLOS)

f) activities carried out should be carried out for the benefit of mankind as a whole and for the equitable sharing of financial and other economic benefits (under Art 140 of UNCLOS)

References: UNCLOS Articles 238, 240 and 140

Also see[edit | edit source]