Bioprospecting in areas outside national jurisdiction: Antarctica and the Southern Oceans
This article examines the issues surrounding bioprospecting for potential resources from areasoutside national jurisdiction. Bioprospecting is attracting attention in international law becausethere is a lack of clarity in the interplay between sovereign rights over biological resources andintellectu...
Main Authors: | , |
---|---|
Format: | Article in Journal/Newspaper |
Language: | English |
Published: |
The University of Melbourne
2003
|
Subjects: | |
Online Access: | http://ecite.utas.edu.au/27072 |
id |
ftunivtasecite:oai:ecite.utas.edu.au:27072 |
---|---|
record_format |
openpolar |
spelling |
ftunivtasecite:oai:ecite.utas.edu.au:27072 2023-05-15T13:59:07+02:00 Bioprospecting in areas outside national jurisdiction: Antarctica and the Southern Oceans Jabour, JA Nicol, D 2003 application/pdf http://ecite.utas.edu.au/27072 en eng The University of Melbourne http://ecite.utas.edu.au/27072/2/03Green-Nicol.pdf Jabour, JA and Nicol, D, Bioprospecting in areas outside national jurisdiction: Antarctica and the Southern Oceans, Melbourne Journal of International Law, 4, (1) pp. 76-111. ISSN 1444-8602 (2003) [Refereed Article] http://ecite.utas.edu.au/27072 Law and Legal Studies Law Law not elsewhere classified Refereed Article PeerReviewed 2003 ftunivtasecite 2019-12-13T21:07:53Z This article examines the issues surrounding bioprospecting for potential resources from areasoutside national jurisdiction. Bioprospecting is attracting attention in international law becausethere is a lack of clarity in the interplay between sovereign rights over biological resources andintellectual property rights in inventions developed from those resources. The situation is evenmore complex where sovereign rights are disputed or absent. This article focuses on theAntarctic and the Southern Ocean because, although this region is in the administrative custodyof 45 state parties to the Antarctic Treaty, the status of Antarctic resources is legally unclear.While there may not be direct conflict between the Antarctic legal regime and other internationalregimes, including the Agreement on Trade-Related Aspects of Intellectual Property, theConvention on Biological Diversity and the United Nations Convention on the Law of the Sea,neither does the legal regime provide adequate guidance in the treatment of resources fromglobal commons areas. An examination of the issues has led the authors to conclude that at thevery least the Antarctic Treaty consultative parties should make clear their collective policy onbioprospecting before the industry takes hold. Article in Journal/Newspaper Antarc* Antarctic Antarctica Southern Ocean eCite UTAS (University of Tasmania) Antarctic Southern Ocean The Antarctic |
institution |
Open Polar |
collection |
eCite UTAS (University of Tasmania) |
op_collection_id |
ftunivtasecite |
language |
English |
topic |
Law and Legal Studies Law Law not elsewhere classified |
spellingShingle |
Law and Legal Studies Law Law not elsewhere classified Jabour, JA Nicol, D Bioprospecting in areas outside national jurisdiction: Antarctica and the Southern Oceans |
topic_facet |
Law and Legal Studies Law Law not elsewhere classified |
description |
This article examines the issues surrounding bioprospecting for potential resources from areasoutside national jurisdiction. Bioprospecting is attracting attention in international law becausethere is a lack of clarity in the interplay between sovereign rights over biological resources andintellectual property rights in inventions developed from those resources. The situation is evenmore complex where sovereign rights are disputed or absent. This article focuses on theAntarctic and the Southern Ocean because, although this region is in the administrative custodyof 45 state parties to the Antarctic Treaty, the status of Antarctic resources is legally unclear.While there may not be direct conflict between the Antarctic legal regime and other internationalregimes, including the Agreement on Trade-Related Aspects of Intellectual Property, theConvention on Biological Diversity and the United Nations Convention on the Law of the Sea,neither does the legal regime provide adequate guidance in the treatment of resources fromglobal commons areas. An examination of the issues has led the authors to conclude that at thevery least the Antarctic Treaty consultative parties should make clear their collective policy onbioprospecting before the industry takes hold. |
format |
Article in Journal/Newspaper |
author |
Jabour, JA Nicol, D |
author_facet |
Jabour, JA Nicol, D |
author_sort |
Jabour, JA |
title |
Bioprospecting in areas outside national jurisdiction: Antarctica and the Southern Oceans |
title_short |
Bioprospecting in areas outside national jurisdiction: Antarctica and the Southern Oceans |
title_full |
Bioprospecting in areas outside national jurisdiction: Antarctica and the Southern Oceans |
title_fullStr |
Bioprospecting in areas outside national jurisdiction: Antarctica and the Southern Oceans |
title_full_unstemmed |
Bioprospecting in areas outside national jurisdiction: Antarctica and the Southern Oceans |
title_sort |
bioprospecting in areas outside national jurisdiction: antarctica and the southern oceans |
publisher |
The University of Melbourne |
publishDate |
2003 |
url |
http://ecite.utas.edu.au/27072 |
geographic |
Antarctic Southern Ocean The Antarctic |
geographic_facet |
Antarctic Southern Ocean The Antarctic |
genre |
Antarc* Antarctic Antarctica Southern Ocean |
genre_facet |
Antarc* Antarctic Antarctica Southern Ocean |
op_relation |
http://ecite.utas.edu.au/27072/2/03Green-Nicol.pdf Jabour, JA and Nicol, D, Bioprospecting in areas outside national jurisdiction: Antarctica and the Southern Oceans, Melbourne Journal of International Law, 4, (1) pp. 76-111. ISSN 1444-8602 (2003) [Refereed Article] http://ecite.utas.edu.au/27072 |
_version_ |
1766267531151015936 |