The Role of International Law in Addressing Disputes Over Marine Genetic Resources

Posted: February 10th, 2022

The Role of International Law in Addressing Disputes Over Marine Genetic Resources: Balancing Access and Benefit Sharing

Introduction
Marine genetic resources (MGRs) have become a focal point of international interest due to their potential for advancing biotechnology, pharmaceuticals, and sustainable development. Found in areas beyond national jurisdiction (ABNJ), these resources are subject to complex legal and ethical debates, particularly concerning access and benefit-sharing (ABS). The absence of a clear legal framework has led to disputes between developed and developing nations, with the former often possessing the technological capacity to exploit these resources and the latter advocating for equitable access and fair distribution of benefits. International law plays a critical role in addressing these disputes, striving to balance the interests of all stakeholders while promoting sustainable use and conservation. This paper examines the evolving role of international law in governing MGRs, focusing on the challenges of ensuring equitable access and benefit-sharing, and explores potential solutions to these issues.

The Legal Framework Governing Marine Genetic Resources
The governance of MGRs in ABNJ is primarily addressed under the United Nations Convention on the Law of the Sea (UNCLOS), which establishes the legal framework for all activities in the oceans. However, UNCLOS does not explicitly regulate MGRs, creating a legal gap that has spurred ongoing negotiations under the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement. The BBNJ Agreement aims to provide a comprehensive framework for the conservation and sustainable use of marine biodiversity in ABNJ, including MGRs. According to Humphries and Berry (2025), the BBNJ Agreement represents a significant step forward in addressing the governance of MGRs, as it seeks to establish mechanisms for equitable access and benefit-sharing while promoting marine scientific research.

Despite these efforts, challenges remain in implementing a fair and effective legal framework. Developing countries often lack the technological and financial resources to access and utilize MGRs, leading to concerns about inequitable distribution of benefits. Aquina (2024) highlights the need for capacity-building initiatives and technology transfer to ensure that developing nations can participate meaningfully in the exploitation and conservation of MGRs. Without such measures, the existing disparities between developed and developing countries are likely to persist, undermining the principles of equity and fairness enshrined in international law.

Access to Marine Genetic Resources: Challenges and Opportunities
Access to MGRs is a contentious issue, as it involves balancing the rights of states, private entities, and the global community. The high costs associated with deep-sea exploration and bioprospecting often limit access to wealthy nations and corporations, exacerbating inequalities. Mao et al. (2024) argue that sustainable development of MGRs requires a collaborative approach, where states and stakeholders work together to ensure that access is granted in a manner that promotes scientific advancement and environmental conservation. The BBNJ Agreement proposes the establishment of a clearinghouse mechanism to facilitate access to MGRs, but its effectiveness will depend on the willingness of states to cooperate and share resources.

Another challenge is the lack of clear guidelines for determining the ownership and use of MGRs. Unlike genetic resources within national jurisdictions, MGRs in ABNJ are considered the common heritage of humankind, meaning that no single state or entity can claim exclusive rights. This principle, while promoting global equity, complicates the regulation of access and benefit-sharing. Xia (2025) suggests that adaptive legal regimes, such as those implemented in Chinese aquaculture, could serve as a model for managing MGRs in ABNJ. By incorporating flexible and context-specific regulations, international law can better address the unique challenges posed by MGRs.

Benefit-Sharing: Ensuring Equity and Sustainability
Benefit-sharing is a cornerstone of the international legal framework for MGRs, aiming to ensure that the benefits derived from these resources are distributed fairly among all nations. The BBNJ Agreement emphasizes the importance of monetary and non-monetary benefit-sharing, including technology transfer, capacity-building, and scientific collaboration. However, the implementation of benefit-sharing mechanisms remains a contentious issue, particularly in relation to intellectual property rights (IPRs). Rogers et al. (2021) argue that IPRs often hinder equitable benefit-sharing, as they allow private entities to monopolize the commercial benefits of MGRs while excluding others from accessing these resources.

To address this issue, international law must strike a balance between incentivizing innovation and ensuring equitable access. Craik (2025) proposes the establishment of a global fund for marine biodiversity, which would pool financial resources from the exploitation of MGRs and distribute them to support conservation efforts and capacity-building initiatives in developing countries. Such a mechanism could help bridge the gap between developed and developing nations, promoting a more equitable and sustainable approach to benefit-sharing.

The Role of Developing Countries in Shaping International Law
Developing countries play a crucial role in shaping the international legal framework for MGRs, as they advocate for greater equity and inclusivity in access and benefit-sharing. Aquina (2024) emphasizes the importance of incorporating the perspectives of developing nations into the BBNJ Agreement, ensuring that their interests are adequately represented. Capacity-building and technology transfer are essential for enabling developing countries to participate effectively in the governance of MGRs, but these measures must be accompanied by stronger legal protections to prevent exploitation.

Regional cooperation also offers a promising avenue for addressing the challenges of MGR governance. Morrison et al. (2021) highlight the potential of regional agreements to complement global frameworks, providing tailored solutions to the unique needs and circumstances of different regions. By fostering collaboration at both the regional and global levels, international law can better address the complexities of MGR governance and promote sustainable development.

Conclusion
The governance of marine genetic resources in areas beyond national jurisdiction presents a complex and evolving challenge for international law. Balancing access and benefit-sharing requires a multifaceted approach that addresses the disparities between developed and developing nations while promoting sustainable use and conservation. The BBNJ Agreement represents a significant step forward in this regard, but its success will depend on the willingness of states to cooperate and implement its provisions effectively. By fostering collaboration, capacity-building, and equitable benefit-sharing, international law can help ensure that the potential of MGRs is realized for the benefit of all humankind.

References
Aquina, S. F. (2024). Legal analysis of the equitable access to marine genetic resources in areas beyond national jurisdiction: In the perspective of developing countries (Doctoral dissertation, Universitas Islam Indonesia).

Craik, N. (2025). Equitable marine carbon dioxide removal: The legal basis for interstate benefit-sharing. Climate Policy, pp. 1–15.

Humphries, F., & Berry, T. (2025). Bridging divides: The evolution of marine genetic resource governance beyond national jurisdiction. Decoding Marine Genetic Resource Governance Under the BBNJ Agreement, p. 1.

Mao, Z., Zhang, Z., Wang, J., & Zhang, S. (2024). Sustainable development and utilization of marine genetic resources in areas beyond national jurisdiction: A Chinese perspective. Science Progress, 107(4), p. 00368504241292449.

Rogers, A. D., Baco, A., Escobar-Briones, E., Currie, D., Gjerde, K., Gobin, J., Jaspars, M., Levin, L., Linse, K., Rabone, M., & Ramirez-Llodra, E. (2021). Marine genetic resources in areas beyond national jurisdiction: Promoting marine scientific research and enabling equitable benefit sharing. Frontiers in Marine Science, 8, p. 667274.

Xia, N. (2025). Adapting legal regimes: Ensuring access, equity, and protection of genetic resources in Chinese aquaculture. Aquaculture, p. 742245.

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