Law and Marine Genetic Resources

Abstract

AbstractFrom a legal perspective, these are exciting times for marine genetic resources (MGR). After years of debate about MGR beyond national jurisdiction, famously encapsulated in the idea of the “deepest of ironies” in ocean affairs, a United Nations process began, focused on drafting an Agreement on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ) and with a clear mandate to address MGR. This agreement has the capacity to unravel issues that remain to be solved, particularly when linking MGR with the marine scientific research regime established by the United Nations Convention on the Law of the Sea and with the provisions of the Nagoya Protocol and the TRIPS Agreement, or when addressing MGR under national jurisdiction.This chapter will consider the web of legal regimes for MGR, including the complexities surrounding marine spaces, such as the extended continental shelf. After providing a comprehensive analysis of both international law—UNCLOS, CBD, the TRIPS Agreement and the upcoming BBNJ Agreement—and national legislation, the chapter will conclude that an all-encompassing approach is required when dealing with MGR.