2018-2019

Issue 4

Marine biodiversity beyond national jurisdiction: The launch of an intergovernmental conference for the adoption of a legally binding instrument under the UNCLOS

by Pascale RICARD

On 24 December 2017, the United Nations General Assembly adopted Resolution 72/249 dealing with the development of an International legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. In line with the Resolution, a new intergovernmental conference met …More

Issue 5 - Special Issue on Ocean Commons

The Common Heritage applied to the resources of the seabed – Lessons learnt from the exploration of deep sea minerals and comparison to marine genetic resources

by Marzia ROVERE

This paper draws a parallel between mineral resources of the deep sea and marine genetic resources. The paper first discusses the discovery and first deep sea exploration of minerals bearing metals of economic interest. Secondly, the paper gives a brief historical overview of metal prices, and other external factors, such as the technological challenge and the global economic …More

Issue 5 - Special Issue on Ocean Commons

Fair and equitable benefit-sharing in a new international instrument on marine biodiversity: A principled approach towards partnership building?

by Elisa MORGERA

This article suggests a principled approach to the negotiations on benefit-sharing from the use of marine genetic resources under a new international legally binding instrument on marine biodiversity of areas beyond national jurisdiction (BBNJ). It first reflects on the terms in which benefit-sharing has been discussed in the BBNJ negotiations until now, which have been …More

Issue 5 - Special Issue on Ocean Commons

Marine Genetic Resources in Areas beyond National Jurisdiction: Do We Need to Regulate Them in a New Agreement?

by David LEARY

This paper seeks to question the prevailing orthodoxy on the need for the ‘package deal’ on the proposed international legally-binding instrument under UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction to address marine genetic resources, including questions relating to access and benefit sharing. Through an examination of …More

Issue 5 - Special Issue on Ocean Commons

The Concept of Commons and Marine Genetic Resources in Areas beyond National Jurisdiction

by Vito DE LUCIA

This article explores some of the ways in which marine genetic resources conceptually and normatively intersect with the concept and idea of commons. Through an analysis of the terminological ambiguities and semantic slippages characterizing the usage of the concept of commons in international law, the article addresses questions relation to the idea of global commons …More

Editore: Istituto di studi giuridici internazionali CNR , Via dei Taurini, 19, 00185 Roma, Italy
Responsabile: Gemma Andreone | Copyright © 2015 MarSafeLaw Journal.

MarSafeLaw Journal ISSN 2464-9724