Mare Geneticum

Balancing Governance of Marine Genetic Resources in International Waters

Arianna Broggiato, Thomas Vanagt*, Laura E. Lallier, Marcel Jaspars, Geoff Burton, Dominic Muyldermans

*Corresponding author for this work

Research output: Contribution to journalArticle

3 Citations (Scopus)
15 Downloads (Pure)

Abstract

A fair and effective regime regulating benefit-sharing of marine genetic resources (MGR) in areas beyond national jurisdiction (ABNJ) must consider the inclusion of developing states, support scientific research and safeguard investments of the private sector. The present innovative proposal ensures a delicate balance through an approach based on open access, albeit with limitations. Access to MGR in ABNJ is facilitated, but conditional on the public release of collected samples and raw data. Adoption of the open access principle guarantees a powerful form of non-monetary benefit-sharing. The balance is maintained by the option for an extended embargo period, allowing samples and data to be kept confidential for a certain period, against payment to a biodiversity contribution fund. Monetary benefit-sharing, as a sector-negotiated percentage on revenue, could be imposed at the point of product commercialisation, and would offer a tangible payment system with a low transaction cost.

Original languageEnglish
Pages (from-to)3-33
Number of pages31
JournalInternational Journal of Marine and Coastal Law
Volume33
Issue number1
DOIs
Publication statusPublished - 2018

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genetic resource
marine resource
open access
jurisdiction
governance
embargo
water
transaction cost
commercialization
transaction costs
resources
private sector
biodiversity
guarantee
revenue
inclusion
regime
present
product
scientific research

Keywords

  • Areas beyond national jurisdiction
  • Benefit-sharing
  • Biodiversity
  • Law of the Sea
  • Marine genetic resources
  • Open access
  • Research

ASJC Scopus subject areas

  • Oceanography
  • Geography, Planning and Development
  • Environmental Science(all)
  • Management, Monitoring, Policy and Law
  • Law

Cite this

Mare Geneticum : Balancing Governance of Marine Genetic Resources in International Waters. / Broggiato, Arianna; Vanagt, Thomas; Lallier, Laura E.; Jaspars, Marcel; Burton, Geoff; Muyldermans, Dominic.

In: International Journal of Marine and Coastal Law, Vol. 33, No. 1, 2018, p. 3-33.

Research output: Contribution to journalArticle

Broggiato, Arianna ; Vanagt, Thomas ; Lallier, Laura E. ; Jaspars, Marcel ; Burton, Geoff ; Muyldermans, Dominic. / Mare Geneticum : Balancing Governance of Marine Genetic Resources in International Waters. In: International Journal of Marine and Coastal Law. 2018 ; Vol. 33, No. 1. pp. 3-33.
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