Geoscience Reference
In-Depth Information
10.6.2 Common heritage of mankind versus freedom of the high seas
In 2006, the subject of the international regime for genetic resources in the deep seabed was
discussed within the 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), established by United
Nations General Assembly Resolution 60/30 of 29 November 2005. Two opposite views
were put forward by the states concerned.
Some states took the position that the UNCLOS principle of common heritage of man-
kind should be extended to also cover genetic resources. The mandate of the International
Seabed Authority (ISBA), the body in charge of the organization and control of activities
relating to mineral resources in the area, should also be extended accordingly:
Several delegations reiterated their understanding that the marine genetic resources
beyond areas of national jurisdiction constituted the common heritage of mankind
and recalled article 140 of the Convention, which provides that the activities in the
Area shall be carried out for the benefit of mankind and that particular
consideration should be given to the interest and needs of developing States,
including the need for these resources to be used for the benefit of present
generations and to be preserved for future generations. … A number of delegations
mentioned that the International Seabed Authority constituted an existing
mechanism in this area and that consideration should accordingly be given to the
possibility of broadening its mandate.
Other states relied on the UNCLOS principle of freedom of the high seas, which would im-
ply a right of freedom of access to, and unrestricted exploitation of, deep seabed genetic re-
sources:
