Challenges posed by the digital twin of the ocean to the benefit-sharing mechanism for digital sequence information on marine genetic resources under the BBNJ Agreement and corresponding responses

Abstract

A Digital Twin of the Ocean (DTO), as a cutting-edge product of the interdisciplinary integration of marine science and data science, is transforming the generation and use of digital sequence information on marine genetic resources (DSI on MGRs), thereby posing new challenges to the benefit-sharing mechanism established under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement). Drawing on doctrinal legal analysis, this article argues that although the BBNJ Agreement establishes a basic framework for benefit-sharing with respect to digital sequence information (DSI) on marine genetic resources (MGRs), it still contains deficiencies regarding the definition of DSI, the scope of application, and the notification mechanism. Characterized by data hybridity, multi-source integration, data fusion, real-time processing, and artificial intelligence (AI) driven data generation, DTOs further complicate benefit-sharing with respect to DSI under the BBNJ Agreement. Specifically, it is difficult to determine whether particular data or information generated within DTOs constitute DSI on MGRs under the BBNJ Agreement; the data-related rights and interests are increasingly complex; and both the design and implementation of the benefit-sharing mechanism face greater challenges. To address these issues, a progressive approach to defining DSI should be adopted, a hierarchical and classified data management mechanism should be further refined, a tiered periodic fee should be selected as the monetary benefit-sharing modality, and both the Clearing-House Mechanism and the traceability monitoring system should be strengthened, thereby promoting the objective of fair and equitable benefit-sharing under the BBNJ Agreement.