BBNJ Agreement: High Seas Biodiversity as a Common Heritage (of Mankind)?

Abstract

The UNCLOS does not expressly address genetic resources. In 2017, the United Nations convened a conference to negotiate an Agreement on conservation and sustainable use of BBNJ. Based on UNCLOS provisions, which prohibit the modification of the principle of freedom on high seas, it is not possible for marine genetic resources on high seas to be ruled as res communis humanitatis, but as res communis.