Title: BBNJ and MGRs: Practical Solutions for Benefit-Sharing
Abstract: This Chapter focusses on possible practical solutions for the sharing of benefits from marine genetic resources, in the context of the negotiations on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ). This Chapter explores Part XIII (Marine Scientific Research) of LOSC, as a possible middle-of-the-way approach on principle; as well as the possible modalities for a benefit-sharing regime under the new BBNJ instrument, as a way to get around the Part VII (High Seas) / Part XI (The Area) deadlock. Issues such as the relationship between bioprospecting and marine scientific research as understood in LOSC; as well as the compatibility of the intellectual property rights regime with LOSC, are studied. This Chapter also examines the possibility of a multilateral benefit-sharing fund; as well as what issues would need to be addressed when considering a global clearing house mechanism. These include what types of information and knowledge could be shared via a clearing house mechanism; how the sharing of information and knowledge via a clearing house mechanism could be structured; and whether or not there should be means by which compliance with the benefit-sharing regime could be monitored and, if so, how.
Publication Year: 2020
Publication Date: 2020-08-28
Language: en
Type: book-chapter
Indexed In: ['crossref']
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