Fair and equitable benefit-sharing in a new treaty on marine biodiversity: a principled approach towards partnership building?

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Abstract

This article suggests a principled approach to the negotiations on benefit-sharing from the use of marine genetic resources under a new international legally binding instrument on marine biodiversity of areas beyond national jurisdiction (BBNJ). It first reflects on the terms in which benefit-sharing has been discussed in the BBNJ negotiations until now, which have been characterized by an operational concern for the type of benefits that could be accrued and distributed. It then contrasts the negotiations with insights arising from other international benefit-sharing regimes, with a view to suggesting a more principled approach focused on “sharing” benefits “fairly and equitably.” This helps highlight the potential value added of benefit-sharing to foster deeper and cosmopolitan international cooperation (that is, a global partnership) vis-à-vis existing international obligations on marine scientific research, capacity building, marine technology transfer and the protection of the marine environment. The article then applies these considerations to the thorny and novel question of digital information on marine genetic resources of areas beyond national jurisdiction.
LanguageEnglish
Pages48-77
Number of pages30
JournalMaritime Safety and Security Law Journal
Volume5
Publication statusPublished - 3 Dec 2018

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treaty
biodiversity
jurisdiction
technology transfer
international cooperation
value added
resources
obligation
regime

Keywords

  • equity
  • right to science
  • digital sequence information
  • law of the sea
  • benefit-sharing
  • BBNJ

Cite this

@article{1174e170da3d4bb7b96c46e6c3753375,
title = "Fair and equitable benefit-sharing in a new treaty on marine biodiversity: a principled approach towards partnership building?",
abstract = "This article suggests a principled approach to the negotiations on benefit-sharing from the use of marine genetic resources under a new international legally binding instrument on marine biodiversity of areas beyond national jurisdiction (BBNJ). It first reflects on the terms in which benefit-sharing has been discussed in the BBNJ negotiations until now, which have been characterized by an operational concern for the type of benefits that could be accrued and distributed. It then contrasts the negotiations with insights arising from other international benefit-sharing regimes, with a view to suggesting a more principled approach focused on “sharing” benefits “fairly and equitably.” This helps highlight the potential value added of benefit-sharing to foster deeper and cosmopolitan international cooperation (that is, a global partnership) vis-{\`a}-vis existing international obligations on marine scientific research, capacity building, marine technology transfer and the protection of the marine environment. The article then applies these considerations to the thorny and novel question of digital information on marine genetic resources of areas beyond national jurisdiction.",
keywords = "equity, right to science, digital sequence information, law of the sea, benefit-sharing, BBNJ",
author = "Elisa Morgera",
note = "Published as part of a special issue on ocean commons.",
year = "2018",
month = "12",
day = "3",
language = "English",
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pages = "48--77",
journal = "Maritime Safety and Security Law Journal",
issn = "2464-9724",

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N2 - This article suggests a principled approach to the negotiations on benefit-sharing from the use of marine genetic resources under a new international legally binding instrument on marine biodiversity of areas beyond national jurisdiction (BBNJ). It first reflects on the terms in which benefit-sharing has been discussed in the BBNJ negotiations until now, which have been characterized by an operational concern for the type of benefits that could be accrued and distributed. It then contrasts the negotiations with insights arising from other international benefit-sharing regimes, with a view to suggesting a more principled approach focused on “sharing” benefits “fairly and equitably.” This helps highlight the potential value added of benefit-sharing to foster deeper and cosmopolitan international cooperation (that is, a global partnership) vis-à-vis existing international obligations on marine scientific research, capacity building, marine technology transfer and the protection of the marine environment. The article then applies these considerations to the thorny and novel question of digital information on marine genetic resources of areas beyond national jurisdiction.

AB - This article suggests a principled approach to the negotiations on benefit-sharing from the use of marine genetic resources under a new international legally binding instrument on marine biodiversity of areas beyond national jurisdiction (BBNJ). It first reflects on the terms in which benefit-sharing has been discussed in the BBNJ negotiations until now, which have been characterized by an operational concern for the type of benefits that could be accrued and distributed. It then contrasts the negotiations with insights arising from other international benefit-sharing regimes, with a view to suggesting a more principled approach focused on “sharing” benefits “fairly and equitably.” This helps highlight the potential value added of benefit-sharing to foster deeper and cosmopolitan international cooperation (that is, a global partnership) vis-à-vis existing international obligations on marine scientific research, capacity building, marine technology transfer and the protection of the marine environment. The article then applies these considerations to the thorny and novel question of digital information on marine genetic resources of areas beyond national jurisdiction.

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KW - right to science

KW - digital sequence information

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UR - http://www.marsafelawjournal.org/contributions/fair-and-equitable-benefit-sharing-in-a-new-international-instrument-on-marine-biodiversity-a-principled-approach-towards-partnership-building/

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