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51 German Y.B. Int'l L. 417 (2008)
Marine Genetic Resources under UNCLOS and the CBD

handle is hein.journals/gyil51 and id is 418 raw text is: 










   Marine Genetic Resources under UNCLOS and the CBD


                           By Alexander Proelss



  It is not long since the issue of marine genetic resources has begun to receive
major attention within the realm of international environmental law and the law
of the sea. Lyle Glowka was the first to analyze the legal regime of marine ge-
netic resources beyond the limits of national jurisdiction in his pioneering
article of 1996.1 Meanwhile, three books,' two studies (one written by members
of the German Federal Agency for Nature Conservation,3 the other by members
of the United Nations University Institute of Advanced Studies4) and a multi-
tude of papers dealing with the subject matter have been published. The aca-
demic discussion is accompanied by an intense debate within the competent
bodies of the United Nations (UN), whose outcome is yet far from clear. Dele-
gations particularly conflict as to whether the preservation and management of
marine genetic resources is appropriately covered by the existing legal rules, or

   1 Lyle Glowka, The Deepest of Ironies: Genetic Resources, Marine Scientific Re-
search, and the Area, Ocean Yearbook 12 (1996), 154. When used in this article, the
term areas beyond the limits of national jurisdiction refers to the seabed, subsoil and
the waters located seaward the continental shelf and, if claimed, the exclusive economic
zone (EEZ). Therefore, it encompasses the high seas and the deep seabed (Area) as
defined by the United Nations Convention on the Law of the Sea, 10 December 1982,
UNTS 1833, 3 (UNCLOS). Note that the EEZ and the continental shelf are, as regards
their seaward limits, not necessarily identical due to the existence of the concept of the
extended continental shelf under Art 76 UNCLOS.
  2 David K. Leary, International Law and the Genetic Resources of the Deep Sea
(2006); Julia Christine Friedland, Der Schutz der biologischen Vielfalt der Tiefsee-
hydrothermalquellen (2007); Esther Salamanca Aguado, La Zona Internacional de los
Fondos Marinos. Patromonio Comin de la Humanidad (2003).
  ' Horst Korn/Susanne Friedrich/Ute Feit, Deep Sea Genetic Resources in the Con-
text of the Convention on Biological Diversity and the United Nations Convention on
the Law of the Sea (2003).
  ' SalvatoreArico/Charlotte Salpin, Bioprospecting of Genetic Resources in the Deep
Seabed: Scientific, Legal and Policy Aspects (2005).

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