Geoscience Reference
In-Depth Information
9.3.4 Discussions at the General Assembly of the United Nations
Historically, the debate on scientific and policy aspects of bioprospecting in the deep seabed
Following consideration by the Convention's Subsidiary Body on Scientific, Technical and
Technological Advice (SBSTTA), including on the basis of a study on the relationship
between the CBD and UNCLOS (Convention on Biological Diversity,
2003
), prepared in
cooperation with the Division for Ocean Affairs and the Law of the Sea of the Office of
Legal Affairs of the United Nations, the issue was taken up, at policy level, at the United
Nations General Assembly.
Marine genetic resources were the focus of discussions at the United Nations Open-
ended Informal Consultative Process on Oceans and the Law of the Sea, at its seventh
meeting in 2006. In testimony to the difficulty of the policy debate on marine genetic re-
sources, the meeting could not agree on consensual elements to be forwarded to the General
Assembly, as a result of divergent views. Previously, in 2004, in Resolution 59/24, the Gen-
eral Assembly had established an 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 (hereinafter referred to as the Working Group) to: (a) survey
the past and present activities of the United Nations and other relevant international organ-
izations with regard to the conservation and sustainable use of marine biological diversity
beyond areas of national jurisdiction; (b) examine the scientific, technical, economic, legal,
environmental, socio-economic, and other aspects of these issues; (c) identify key issues and
questions where more detailed background studies would facilitate consideration by states
of these issues; and (d) indicate, where appropriate, possible options and approaches to pro-
mote international cooperation and coordination for the conservation and sustainable use of
marine biological diversity beyond areas of national jurisdiction. Since the first meeting of
the Working Group, in 2006, issues related to marine genetic resources beyond areas of na-
tional jurisdiction, in particular the applicable legal regime, including questions on the shar-
ing of benefits, have been central to the discussions. At the 2008 and 2010 meetings of the
