The Potential to Regulate Bioprospecting for Marine Genetic Resources: Two Case Studies

• Main Author: Jabour, J
• Format: Book Part
• Language: English
• Published: Routledge 2016
• Subjects: Law and Legal Studies; Law; International Law (excl. International Trade Law); Antarctic; The Antarctic; Antarc*
• Online Access: https://www.routledge.com/products/9780415704458; https://doi.org/10.4324/9781315890241; http://ecite.utas.edu.au/101301

The aim of this chapter is to search for the perfect regime for the protection of marine genetic resources in areas beyond national jurisdiction (ABNJ), 1 if indeed such a thing exists. The chapter is framed within the wider theme of this Handbook and presents studies on the difficulties of accessing marine genetic resources in ABNJ and sharing the benefits of their development, while also protecting biodiversity generally through, for example, implementing suitable environmental safeguards in areas which are outside the control of a state. Two case studies explore what the advantages and disadvantages of a dedicated regime might be and what barriers to adoption and implementation it might face. The first example is that of Antarctic bioprospecting, which is not regulated specifically under the Antarctic Treaty regime. 2 The Antarctic is a legally and politically sui generis region, although analogous to areas beyond national jurisdiction, and with marine genetic resources which are characteristically novel, but with a poorly developed legal regime relating to them. The first study explains why the Antarctic Treaty Consultative Parties have not adopted a dedicated legal regime for access and benefit sharing, and what they have accepted in its place.