Exploring the Pathway for Conservation of Marine Genetic Resources from the Perspective of System Interaction between CBD and UNCLOS

WEI Hanbing；CHEN Cong；YAN Lilan；HUANG Yuxin

Marine genetic resources ； Convention on Biological Diversity ； United Nations Convention on the Law of the Sea ； Ecological rationality

中华海洋法学评论

48期（2023 / 12 / 01）

62 - 87

英文

The systems of the Convention on Biological Diversity (CBD) and the United Nations Convention on the Law of the Sea (UNCLOS) have significant synergies in the conservation of marine genetic resources, but are highly fragmented. The overall quality of biological genetic resources in areas beyond national jurisdiction is low. The inherent tension between economic rationality and ecological rationality, as well as the political games in an equality-oriented international society, hinder the international community from collaborating on the conservation of marine genetic resources. As common environmental and ecological interests become more and more important, the principles of precautionary approach, ecological holism, and diversity of national circumstances with ecological rationality as the core, emphasize harmonious unity between man and nature, and respect the national conditions of different States, which are conducive to achieving the synergistic conservation of genetic resources in both terrestrial and marine systems. Guided by these principles, marine genetic resources in areas beyond national jurisdiction can be scientifically and reasonably conserved through the participation of multiple actors, the symmetry of marine knowledge, and the positive effects of intellectual property regimes. Under this opportunity, China also needs to improve the domestic governance system of marine genetic resources and actively participate in the international rule of law for marine genetic resources with a community mindset.