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As regards the components of biological diversity, the CBD's scope is set out in its
Article 4(a), which limits its application to areas within the limits of national jurisdiction.
However, some states argue that the CBD is also applicable to activities related to biolo-
gical resources of areas beyond national jurisdiction, by virtue of Article 4(b). The latter
provides that the CBD applies, in the case of processes and activities, regardless of where
their effects occur, carried out under a Party's jurisdiction or control, within the area of its
national jurisdiction or beyond the limits of national jurisdiction (United Nations, 2006 ,
2008 , 2010 ; Wolfrum and Matz, 2000 ; Scovazzi, 2006 ; Proelss, 2008 ) . In addition, while
the Nagoya Protocol certainly applies to genetic resources from areas under national jur-
isdiction, the question of whether it may also apply to resources of areas beyond nation-
al jurisdiction or of Antarctica, remained among the issues under discussion until the last
hours of the Protocol's negotiations (Buck and Hamilton, 2011 ) . Ultimately, the scope of
the Nagoya Protocol, as adopted, is limited to genetic resources within national jurisdic-
tion. However, Article 10 of the Protocol leaves open the possibility for the future negoti-
ation of a multilateral benefit-sharing mechanism, which could, if states so choose, provide
the basis for a future benefit-sharing arrangement in regard to marine genetic resources of
areas beyond national jurisdiction .
As regards UNCLOS, while states recognize that it provides the framework for all
activities in the oceans and seas, including in relation to marine genetic resources beyond
areas of national jurisdiction, divergent views continue to be held on the respective ap-
plication of its Parts VII (high seas, which are all parts of the sea that are not included in
the exclusive economic zone, in the territorial sea or in the internal waters of a state, or in
the archipelagic waters of an archipelagic state) and XI (the Area, which is the seabed and
ocean floor and subsoil thereof, beyond the limits of national jurisdiction), to marine genet-
ic resources and the activities related thereto. A majority of developing countries hold the
view that the common heritage of mankind, as set out under Part XI of UNCLOS, applies
not only to mineral resources, but also to the biological resources of the area. Developed
countries, generally, based on a literal interpretation of UNCLOS, are of the opinion that
Part XI only encompasses mineral resources, while marine genetic resources fall under the
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