Geoscience Reference
In-Depth Information
Other delegations reiterated that any measures that may be taken in relation to
genetic resources in areas beyond national jurisdiction must be consistent with
international law, including freedom of navigation. In their view, these resources
were covered by the regime of the high seas, which provided the legal framework
for all activities relating to them, in particular marine scientific research. These
delegations did not agree that there was a need for a new regime to address the
exploitation of marine genetic resources in areas beyond national jurisdiction or to
expand the mandate of the International Seabed Authority.
(United Nations,
2006
, para. 72)
The Working Group held a second meeting in 2008. Again, very different views were ex-
pressed regarding the regime to be applied to marine genetic resources, repeating what had
already taken place in 2006:
In that regard, divergent views were expressed on the relevant legal regime on
marine genetic resources beyond areas of national jurisdiction, in particular
whether those marine genetic resources were part of the common heritage of
mankind and therefore fell under the regime of the Area, or were part of the
regime for the high seas.
(United Nations,
2008
, para. 32)
The same, different positions were manifested during the 2010 meeting of the Working
Group (United Nations,
2010
, paras. 70-72).
Also, the United Nations Open-Ended Informal Consultative Process on Oceans and
the Law of the Sea addressed the subject of marine genetic resources at its 2007 meeting.
However, the meeting was unable to reach overall agreement on the regime that should ap-
ply to such resources.
This basic disagreement on the international regime of genetic resources leaves a sen-
timent of dissatisfaction. In fact, both divergent positions move from the same starting
point:
