Geoscience Reference
In-Depth Information
The workshops, which were held in May 2013 (United Nations,
2013
), ensured a wide
participation of scientists, industry, and non-governmental organizations and resulted in a
well-informed presentation and discussion of the two topics. The workshop on marine ge-
netic resources addressed the following subjects: 'Meaning and scope; extent and types of
research,usesandapplications;technological,environmental,socialandeconomicaspects;
access-related issues; types of benefits and benefit-sharing; intellectual property rights is-
sues; global and regional regimes on genetic resources, experiences and best practices; im-
pacts on and challenges to marine biodiversity beyond areas of national jurisdiction; ex-
change of information on research programmes regarding marine biodiversity in areas bey-
ond national jurisdiction'.
By Resolution 68/70, adopted on 9 December 2013, the UN General Assembly re-
quested, inter alia, 'the Working Group to make recommendations to the Assembly on
the scope, parameters and feasibility of an international instrument under the Convention'
(para. 198), in order to prepare the decision to be taken at the General Assembly 69th ses-
sion (starting in September 2014).
In all these discussions, the possibility of a third UNCLOS implementation agreement
is envisaged as a possible way to move forward, insofar as the existing instruments cannot
fill the present governance and regulatory gaps and cannot provide the required specific
regime. Rather than elaborations on theoretical questions and legal principles, such as free-
dom of the high seas or common heritage of mankind, what is needed in the near future is
the consolidation of a general understanding on a number of 'commonalities' which could
become the key elements in the 'package' for a future global regime for the conservation
and sustainable use of marine biodiversity in areas beyond national jurisdiction. This pack-
age could include rules on a network of marine protected areas, environmental impact as-
sessment, marine genetic resources, including access to and sharing of benefits from them,
as well as capacity-building and technology transfer.
