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The Potential to Regulate Bioprospecting for Marine Genetic Resources: Two Case Studies


Jabour, J, The Potential to Regulate Bioprospecting for Marine Genetic Resources: Two Case Studies, Handbook of Maritime Regulation and Enforcement, Routledge, S Warner, S Kaye (ed), United Kingdom, pp. 324-341. ISBN 9780415704458 (2016) [Research Book Chapter]

Copyright Statement

Copyright 2016 Robin Warner and Stuart Kaye

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DOI: doi:10.4324/9781315890241


The aim of this chapter is to search for the perfect regime for the protection of marine genetic resources in areas beyond national jurisdiction (ABNJ), 1 if indeed such a thing exists. The chapter is framed within the wider theme of this Handbook and presents studies on the difficulties of accessing marine genetic resources in ABNJ and sharing the benefits of their development, while also protecting biodiversity generally through, for example, implementing suitable environmental safeguards in areas which are outside the control of a state. Two case studies explore what the advantages and disadvantages of a dedicated regime might be and what barriers to adoption and implementation it might face. The first example is that of Antarctic bioprospecting, which is not regulated specifically under the Antarctic Treaty regime. 2 The Antarctic is a legally and politically sui generis region, although analogous to areas beyond national jurisdiction, and with marine genetic resources which are characteristically novel, but with a poorly developed legal regime relating to them. The first study explains why the Antarctic Treaty Consultative Parties have not adopted a dedicated legal regime for access and benefit sharing, and what they have accepted in its place.

Item Details

Item Type:Research Book Chapter
Keywords:marine genetic resources, beyond national jurisdiction, Antarctica, Southern Ocean
Research Division:Law and Legal Studies
Research Group:International and comparative law
Research Field:International criminal law
Objective Division:Environmental Management
Objective Group:Other environmental management
Objective Field:Other environmental management not elsewhere classified
UTAS Author:Jabour, J (Dr Julia Jabour)
ID Code:101301
Year Published:2016
Deposited By:Oceans and Cryosphere
Deposited On:2015-06-16
Last Modified:2018-02-02

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