The Role of International Law in Addressing Disputes Over Marine Genetic Resources: Balancing Access and Benefit Sharing
The governance of marine genetic resources (MGRs) has become a central issue in international law due to their potential for scientific innovation and economic gain. Areas beyond national jurisdiction (ABNJ), which comprise nearly two-thirds of the ocean, remain largely unregulated concerning access and benefit-sharing (ABS) of these resources. The challenge lies in ensuring equitable distribution while fostering research and sustainable utilization. International legal frameworks, particularly the United Nations Convention on the Law of the Sea (UNCLOS) and the emerging Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, seek to balance these competing interests. This paper examines the role of international law in resolving disputes over MGRs, focusing on access, equitable benefit-sharing, and the obligations of both developed and developing nations.
Legal Framework Governing Marine Genetic Resources
UNCLOS provides a foundational framework for the governance of marine resources, including MGRs, in ABNJ. While it establishes principles for the conservation and sustainable use of marine biodiversity, it lacks specific provisions on MGRs. The BBNJ Agreement aims to address this gap by introducing mechanisms for ABS and capacity-building (Humphries & Berry, 2025). However, debates persist regarding whether MGRs should be considered part of the common heritage of humankind or subject to the freedom of the high seas doctrine (Rogers et al., 2021). The resolution of these legal ambiguities will significantly influence access rights and benefit-sharing obligations.
Disputes Over Access to Marine Genetic Resources
Access to MGRs is a contentious issue due to scientific and commercial interests in biotechnology and pharmaceuticals. Developed nations, with greater research and technological capabilities, dominate marine bioprospecting, often leading to concerns about inequitable access (Aquina, 2024). Developing countries argue that they lack the resources to participate equally, necessitating legal mechanisms to ensure fair access (Mao et al., 2024). The BBNJ Agreement proposes an access framework that requires prior notification and benefit-sharing obligations, though enforcement mechanisms remain uncertain.
Equitable Benefit-Sharing Mechanisms
A fundamental principle of international law is the fair and equitable sharing of benefits derived from MGRs. The Nagoya Protocol under the Convention on Biological Diversity (CBD) serves as a precedent for ABS in terrestrial and coastal environments but does not extend to ABNJ. The BBNJ Agreement seeks to rectify this by mandating financial and non-monetary benefits, such as technology transfer and research collaboration (Xia, 2025). However, implementing effective benefit-sharing policies requires addressing disparities in research capacities between developed and developing nations (Morrison et al., 2021).
Challenges in Implementing International Legal Instruments
Despite the progress made through legal instruments like UNCLOS and the BBNJ Agreement, several challenges remain. First, jurisdictional conflicts between national and international regulations complicate enforcement. Second, the lack of a centralized monitoring system hinders compliance, allowing for potential exploitation (Craik, 2025). Third, defining MGR ownership and intellectual property rights remains a legal grey area, as biotechnological innovations often involve genetic material from multiple regions.
Strengthening Legal and Institutional Frameworks
To enhance governance over MGRs, international legal frameworks must incorporate stronger enforcement mechanisms, transparent data-sharing platforms, and increased financial support for developing nations. Establishing a global database for marine genetic discoveries could facilitate equitable participation (Pons Rafols, 2021). Additionally, fostering partnerships between governments, research institutions, and private entities could enhance capacity-building and ensure compliance with ABS regulations.
Conclusion
The governance of MGRs in ABNJ requires a balanced approach that respects both the rights of developed nations to conduct research and the necessity for equitable benefit-sharing with developing nations. International legal frameworks, particularly the BBNJ Agreement, represent a crucial step toward resolving disputes and promoting sustainable marine biodiversity utilization. However, effective implementation will depend on robust enforcement mechanisms, technological cooperation, and fair distribution of benefits. Strengthening legal and institutional structures will be essential in ensuring that access to MGRs remains equitable while fostering scientific and economic advancements.
References
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