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An institutional framework for addressing marine genetic resources under the proposed treaty for marine biodiversity in areas beyond national jurisdiction

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  • Dire Tladi

    (University of Pretoria Law Faculty, Public Law)

Abstract

In December 2017, the United Nations General Assembly decided to convene an intergovernmental conference to elaborate an international legally binding instrument on marine biodiversity in areas beyond national jurisdiction. This legally binding instrument would address four elements, namely marine protected areas, marine genetic resources, environmental impact assessments and capacity building and technology transfer. One of the indicators for the success of the legally binding instrument will be an institutional mechanism that is both effective and that can co-exist with existing mechanisms. There is already a proposal for an institutional mechanism under the implementing agreement. However, the proposed institutional mechanism was developed largely with marine protected areas in mind. The purpose of this article is to determine whether this proposed mechanism could work also for the marine genetic resources element of the proposed treaty. This is necessitated by the fact that the marine genetic resources element of the proposed treaty is far more complex and raises issues that are more intractable.

Suggested Citation

  • Dire Tladi, 2019. "An institutional framework for addressing marine genetic resources under the proposed treaty for marine biodiversity in areas beyond national jurisdiction," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 19(4), pages 485-495, October.
    • Handle: RePEc:spr:ieaple:v:19:y:2019:i:4:d:10.1007_s10784-019-09449-4
    DOI: 10.1007/s10784-019-09449-4
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    References listed on IDEAS

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    1. Broggiato, Arianna & Arnaud-Haond, Sophie & Chiarolla, Claudio & Greiber, Thomas, 2014. "Fair and equitable sharing of benefits from the utilization of marine genetic resources in areas beyond national jurisdiction: Bridging the gaps between science and policy," Marine Policy, Elsevier, vol. 49(C), pages 176-185.
    2. Leary, David & Vierros, Marjo & Hamon, Gwenaëlle & Arico, Salvatore & Monagle, Catherine, 2009. "Marine genetic resources: A review of scientific and commercial interest," Marine Policy, Elsevier, vol. 33(2), pages 183-194, March.
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    Cited by:

    1. Matilda Petersson & Peter Stoett, 2022. "Lessons learnt in global biodiversity governance," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 22(2), pages 333-352, June.
    2. Shiro Hori & Sachi Syugyo, 2020. "The function of international business frameworks for governing companies’ climate change-related actions toward the 2050 goals," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 20(3), pages 541-557, September.

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