The Rights to Genetic Resources beyond National Jurisdiction: Challenges for the Ongoing Negotiations at the United Nations

On 19 June 2015, following the recommendations of the Ad Hoc Open-ended Informal Working Group to Study Issues Relating to the Conservation and Sustainable Use of Marine Biological Diversity beyond Areas of National Jurisdiction, the United Nations General Assembly adopted by consensus Resolution 69/292, relating to the development of an international legallybinding instrument under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. A Preparatory Committee (Prepcom), chaired by Mr. Eden Charles, was established by Resolution 69/292 with the mandate to make substantive recommendations to the General Assembly on the elements of a draft text of an international legally-binding instrument under the UNCLOS. The negotiations addressed four main topics, intended as a “package”, in the sense that none of them can be separated from the others, namely: – marine genetic resources, including questions on the sharing of benefits; – measures such as area-based management tools, including marine protected areas; – environmental impact assessments; – capacity building and transfer of marine technology. On the basis of the recommendations of the Prepcom, the General Assembly, by Resolution 72/249 of 24 December 2017, decided to convene an intergovernmental conference, with a view to developing the above mentioned instrument as soon as possible. The first session of the conference, chaired by Ms. Rena Lee, was held in September 2018. Because of its scope and objectives, the present negotiation is likely to become a turning point in the progressive development of international law of the sea. A number of issues that are not fully covered by the UNCLOS are being addressed and hopefully will be regulated under an internationally