The Impact Of Marine Genetic Resources On The Areas Beyond National Jurisdiction

1809 Words Aug 27th, 2015 8 Pages
From the beginning, the Group of 77 and China which can be called as a group of developing states take the perspective that marine genetic resources in the areas beyond national jurisdiction should also be considered as ‘resources’ as specified in Article 133 of the 1982 UNCLOS so they have to be govern by the common heritage of mankind regime while The G-77 reserved its position on an activity itself in bioprospecting of these resources in the Area. In the legal text, Article 133 states that ‘for the purposes of this part, resources mean all solid, liquid or gaseous mineral resources in the Area at or beneath the seabed, including polymetallic nodules’. Thus, it is left largely arguable as this provision does not refer to the living resources or the non-mineral resources which can be presumed that at that time, the drafters did not intend to include the genetic resources to be subjected to the management by the international organisation and to be covered by the principle of benefits sharing as very little information were known about their potential value. Somehow, one view stating the definition in Article 133 implies that living resources of the Area are excluded from the common heritage principle as one writer, Allen, concludes that ‘No living marine resources thus fall within the common heritage regime established by Part XI.’ However, it could be argued that the lists of resources are not exhaustive as the provision does not state that Part XI is only applicable to…

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