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largely private - is still poor. Discussions are also ongoing regarding the legal regime ap-
plicable to marine genetic resources of areas beyond national jurisdiction. The maritime
zones beyond national jurisdiction are: the 'Area', which is the seabed and ocean floor and
subsoil thereof beyond the limits of national jurisdiction (UNCLOS, Article 1(1)(1)); and
the high seas, which are all areas of the water column that are not included in the EEZ
(exclusive economic zone), the territorial sea or the internal waters of a state, or in the ar-
chipelagic waters of an archipelagic State (UNCLOS, Article 86).
Some states believe that the United Nations Convention on the Law of the Sea ad-
equately covers activities related to those resources, as well as related equity issues, while
others are of the view that a new regime to address the conservation and sustainable use of,
including access to and sharing of benefits resulting from, these resources is needed (see,
in particular, discussions at the General Assembly Ad Hoc Open-ended Informal Working
Group to study issues relating to the conservation and sustainable use of marine biologic-
al diversity beyond areas of national jurisdiction. Cf. United Nations, 2008 , 2010 , 2011 ,
2012a , and 2013b ; Germani and Salpin, 2011 ) . The limited information available, coupled
with uncertainty regarding legal aspects and policy, may hamper the utilization of marine
genetic resources in a manner that can be socially and economically beneficial and equit-
able, as well as environmentally sound. The need for legal clarity for investors was gen-
erally highlighted at the eighth meeting of the United Nations General Assembly Informal
Consultative Process on Oceans and the Law of the Sea, which focused its discussions on
marine genetic resources in 2007 (United Nations, 2007a ).
This chapter presents recent knowledge and information related to marine genetic re-
sources, with a particular focus on those from areas beyond national jurisdiction. It also
provides a brief overview of developments in research and applications related to these re-
sources, as well as recalling some of the legal aspects and policy discussions. Finally, the
chapter attempts to place questions related to marine genetic resources in the broader con-
text of the conservation and sustainable use of marine biodiversity.
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