Distinctions between Marine scientific research and bioprospecting from the perspective of benefit sharing

Resumo

The governance of Marine Genetic Resources (MGRs) in Areas Beyond National Jurisdiction (ABNJ) poses growing legal challenges, particularly in distinguishing Marine Scientific Research (MSR) from bioprospecting for benefit-sharing purposes. Drawing on Ostrom’s Common Pool Resource (CPR) theory, this study categorizes MGR-related activities into three phases -- acquisition, genetic analysis, and commercialization -- to trace the shift from shared scientific use to private exploitation and identify triggers for equitable benefit-sharing. It finds that while UNCLOS offers limited guidance, the BBNJ Agreement fills part of this gap through a dual-track mechanism promoting both public data access and support for biodiversity and capacity-building in developing states. Nonetheless, uncertainties remain regarding transnational legal responsibilities and implementation standards. The thesis ultimately proposes a flexible governance model integrating CPR theory, property rights, and the Common Heritage of Humankind principle to balance research freedom with equitable and sustainable resource management.