Geoscience Reference
In-Depth Information
1.6 'Hot waters': developments related to marine genetic
resources
Treves (
2010
) states that '[t]he complexity of the problems involved, that straddle many as-
pects of the law of the sea and of the law of biodiversity, and the emergence of polarised
positions that recall those that dominated the stage when the regime of polymetallic nodules
began to be discussed in the 1960s and 1970s, makes this the most “fashionable” law-of-the-
sea problem of the present.'
Genetic resources are genetic material of actual or potential value and are derived as
defined under the CBD, the Nagoya Protocol, as well as in the context of normal practices of
research and development. These resources provide great potential forthe discovery ofcom-
pounds with novel properties. This potential is also significant in the light of the fact that a
large proportion of marine species are yet to be discovered. The application areas of these
discoveries range over the development of new drugs to bioremediation and the enhance-
ment of mariculture practices, as well as improving the efficiency of industrial processes.
As such, marine genetic resources are of interest to science, governments, and the private
sector.
In fact, the current debate on marine genetic resources, particularly those based on
samples collected from areas beyond national jurisdiction, exemplifies well the dynamic
nature of ocean science and policy and the need to bridge new findings of scientific research
and observations (these resources were unknown at the time that the text of UNCLOS was
being negotiated) with the legal and policy regimes for the oceans.
Discussions are ongoing regarding the legal regime applicable to marine genetic re-
sources from areas beyond national jurisdiction, as the current lack of clarity may prevent
both investors and governments from utilizing these resources in a sustainable manner, so-
cially, economically, and environmentally. Exploration of the deep sea and the seabed is in
its infancy, due to technological constraints and the high costs entailed by deep-sea research.
Patents based on these resources have been filed by both public and private entities, mostly
