文章基本信息

标题：The Legal Lacunae of UNCLOS and CBD to The Access and Benefit Sharing of Marine Genetic Resources in The Area Beyond National Jurisdiction
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作者：Sri Wartini
期刊名称：Varia Justicia
印刷版ISSN：1907-3216
电子版ISSN：2579-5198
出版年度：2022
卷号：18
期号：1
页码：52-70
DOI：10.31603/variajusticia.v18i1.6989
语种：English
出版社：Universitas Muhammadiyah Magelang
摘要：This article aims to comprehensively analyze the legal lacunae of UNCLOS and CBD in regulating the utilization and benefit sharing of marine genetic resources (MGRS) in the area beyond national jurisdiction (ABNJ). T he study argues that the existence of international legal instruments, such as the UNCLOS and the CBD fail to regulate the legal status of MGRS in the ABNJ as well as to regulate access and benefit sharing. The debate arises in the legal status of MGRS in the ABNJ will be applied the regime of common heritage of mankind or freedom of the sea, because both regimes have different legal implication. This study is a normative juridical research by applying conceptual and statutory approaches. The result of the study found that it is essential to addressed the legal lacunae in order to maintain equitable benefit sharing in the utilization of MGRS in the ABNJ. Therefore, in order to overcome the legal lacunae of UNCLOS and CBD, it is urgent to create new internationally binding Agreement.
关键词：Access and Benefit Sharing; Area Beyond National Jurisdiction; Legal Lacunae; Marine Ggenetic Resources