Emerging and unresolved issues: the example of marine genetic resources of areas beyond national jurisdiction - Ocean Sustainability in the 21st Century - page 322

and on the basis of mutual benefit, to promote international cooperation in MSR for peace-
ful purposes (UNCLOS, Article 242); to create favourable conditions for the conduct of
MSR in the marine environment (UNCLOS, Article 243); and to actively promote the flow
of scientific data and information and the transfer of knowledge resulting from MSR, espe-
cially to developing states, as well as the strengthening of the autonomous MSR capabilit-
ies of developing states through, inter alia, programmes to provide adequate education and
training of their technical and scientific personnel (UNCLOS, Article 244).
Part XIV of UNCLOS is entirely devoted to the transfer of marine technology. Under
Part XIV, states are required to cooperate to promote the development and transfer of mar-
ine science and marine technology on fair and reasonable terms and conditions (UNCLOS,
Article 266). They must also endeavour to foster favourable economic and legal conditions
for the transfer of marine technology for the benefit of all parties concerned on an equitable
basis.Insodoing,theymusthavedueregardforalllegitimateinterests,includingtherights
and duties of holders, suppliers, and recipients of marine technology (UNCLOS, Article
267). Of note, Articles 16 and 19 of the CBD, which address access to and transfer of tech-
nology and handling of biotechnology and distribution of its benefits, respectively, also
provide a relevant context to promote transfer of technology related to marine genetic re-
sources.
The nature of the marine environment, as constantly moving, and the complexity of
the jurisdictional framework in the oceans are such that challenges to the smooth imple-
mentation of applicable legal instruments may exist in cases where the biological material
is found in both areas within and beyond national jurisdiction (Salpin, 2013 ) . The first of
such challenges relates to biological material which is found both within the EEZ of one or
more coastal states and in the high seas, such as the free-floating microbes of the pelagic
zone or the genetic resources hosted by migratory species of fish, cetaceans, or mammals.
Another challenge originates in the complexity of organisms or other biotic components
that may depend on, or be associated with, sedentary species, such as sponge or corals,
found on the portion of the continental shelf extending beyond 200 nautical miles, in ac-
cordance with Article 76 of UNCLOS, but which are not themselves necessarily sedentary