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Article

Open Access

The Dilemma and Way Out of China’s Participation in the Development of Marine Genetic Resources in ABNJ from the Perspective of BBNJ

Author(s)

Qu Yanan and Zhang Zixuan

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DOI:10.17265/2159-5879/2023.01.001

Affiliation(s)

School of Marine Law and Humanities, Dalian Ocean University, Dalian 116023, China

ABSTRACT

The fifth intergovernmental negotiations on marine BBNJ (Biodiversity beyond Areas of National Jurisdiction) concluded in August 2022, in which there are still major differences regarding access to marine genetic resources, management, and technology transfer. China’s participation in the development of marine genetic resources in ABNJ (areas beyond national jurisdiction) has many dilemmas, which are linked to the difficulties faced in advancing the BBNJ negotiations. The following countermeasures are proposed at the institutional and practical levels respectively: clarifying the legal attributes and applicability of the principles of marine genetic resources; establishing mechanisms for access, management, environmental impact assessment and benefit sharing of marine genetic resources; and using the “Blue Partnership” to build a governance mechanism for marine genetic resources to achieve mutual benefits.

KEYWORDS

Marine genetic resources, ABNJ, BBNJ perspective, China’s response.

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