Geoscience Reference
In-Depth Information
specting ofmarine genetic resources, withparticular reference toareasbeyondnational jur-
isdiction.
Scovazzi (
2010
) also refers to the need to see the general aim of sharing benefits as a
basic objective of the LOS Convention which contributes to 'the realization of a just and
equitable international economic order which takes into account the interests and needs of
mankind as a whole and, in particular the special interests and needs of developing coun-
tries, whether coastal or land-locked' (UNCLOS preamble). New cooperative approaches
to accessing, studying, and using marine genetic resources from areas beyond national jur-
isdiction would fulfil the general objective of sharing the benefits of human activities in
the sea. A possible source of inspiration and solutions is provided by relevant provisions
of the Nagoya Protocol on access to genetic resources and the fair and equitable sharing of
benefits arising from their utilization under the CBD, albeit the Protocol does not apply to
areas beyond national jurisdiction per se.
framework for all activities taking place in the sea (see
Chapter 10
)
.
Chapter 10
recalls that
changes in the original UNCLOS regime have been integrated into the Convention itself
through the process referred to as 'evolution by integration'; and that, where the LOS Con-
vention regime is insufficient, 'evolution by further codification' (adoption of a new in-
strument) may be required. New rules addressing marine genetic resources beyond national
jurisdiction could therefore constitute a third UNCLOS implementation agreement.
