Can Common Heritage of Mankind Principle be Applied to Marine Genetic Resources

Abstract

This article aims to analyse whether the common heritage of mankind (CHM) principle can be applied to marine genetic resources (MGRs) found in areas beyond national jurisdiction (ABNJ). While there are many supports in applying CHM principle over the MGRs, some argues that MGRs are more specific than merely marine biodiversity. As this turns out, agreement under the LOSC on the Conser-vation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement) adopts the regime of the common heritage of humankind (CHH) for marine biodiversity found in ABNJ. However, it is argued that such regime requires the certain mechanism of the application of access of benefit sharing (ABS). Thus, it requires further guidelines, especially for states in applying it nationally, in particular relating to the mechanism for access of benefit sharing. Different capacity of states should also be considered in this matter.