GOVERNING THE HIGH SEAS: MARINE GENETIC RESOURCES IN AREAS BEYOND NATIONAL JURISDICTION

The document examines the efforts of the UN General Assembly and the Preparatory Committee (Prepcom) to create a legally binding instrument under UNCLOS for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (ABNJ). It highlights significant divergences between developed and developing states regarding access and benefit-sharing (ABS) of marine genetic resources, the application of the 'common heritage of mankind' principle, and the design of institutional structures. While Prepcom 4 produced an outcome document identifying areas of convergence and divergence, the brief emphasizes the need for a focus on non-monetary benefits—such as capacity building and technology transfer—to address the technical and economic disparities between nations without disincentivizing marine scientific research.

• The UN General Assembly decided in 2015 to create an international legally binding instrument under the UN Convention on the Law of the Sea (UNCLOS) to manage marine biological diversity in areas beyond national jurisdiction (ABNJ), covering issues such as marine genetic resources, environmental impact assessments, and area-based management tools.
• There is significant disagreement over the application of access and benefit-sharing (ABS) principles to the ABNJ because there is no clear 'providing party' as required by the Nagoya Protocol. Some argue that high seas freedoms apply to these resources, while developing states argue they should be treated as the 'common heritage of mankind'.
• The path from marine genetic research to commercial profit is long and complex, and most patents are held by a few developed countries. Consequently, the document argues that priority should be given to non-monetary benefits, which can be shared throughout the research and development pipeline.
• There is a conflict between the need for a benefit-sharing regime and the goal of encouraging marine scientific research. Under UNCLOS Part XIII, research activities cannot be used as a legal basis for claiming resources, and there is concern that ABS requirements might disincentivise bioprospecting.
• Developing countries generally advocate for an ambitious international architecture with multiple funds and support mechanisms, whereas developed countries prefer a light institutional structure for governing marine biodiversity in the ABNJ.
• The Preparatory Committee (Prepcom) process fulfilled its mandate by producing an outcome document that distinguishes between areas of convergence and divergence, providing a basis for the UN General Assembly to potentially convene an intergovernmental conference in 2018.

APA

BENKENSTEIN, A., & MAPOSA, S. (2017). GOVERNING THE HIGH SEAS: MARINE GENETIC RESOURCES IN AREAS BEYOND NATIONAL JURISDICTION. South African Institute of International Affairs. https://saiia.org.za/wp-content/uploads/2017/08/Policy-Insights-51.pdf

Chicago

BENKENSTEIN, ALEX, and SISEKO MAPOSA. GOVERNING THE HIGH SEAS: MARINE GENETIC RESOURCES IN AREAS BEYOND NATIONAL JURISDICTION. South African Institute of International Affairs, 2017. https://saiia.org.za/wp-content/uploads/2017/08/Policy-Insights-51.pdf.

Wikipedia

{{cite report |last1=BENKENSTEIN |first1=ALEX |last2=MAPOSA |first2=SISEKO |title=GOVERNING THE HIGH SEAS: MARINE GENETIC RESOURCES IN AREAS BEYOND NATIONAL JURISDICTION |publisher=South African Institute of International Affairs |date=July 2017 |url=https://saiia.org.za/wp-content/uploads/2017/08/Policy-Insights-51.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{benkenstein2017governing, author = {BENKENSTEIN, ALEX and MAPOSA, SISEKO}, title = {{GOVERNING THE HIGH SEAS: MARINE GENETIC RESOURCES IN AREAS BEYOND NATIONAL JURISDICTION}}, institution = {South African Institute of International Affairs}, year = {2017}, month = jul, url = {https://saiia.org.za/wp-content/uploads/2017/08/Policy-Insights-51.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }