On 24th May 2018, Laura Movilla presented “Challenges of developing countries in the access and benefit-sharing of marine genetic resources” at the seminar: “The law of the sea and vulnerable people and groups”, held at the Port Authority of Vigo.
Abstract of the presentation:
Developing countries face specific access and benefit-sharing difficulties related to the utilization of marine genetic resources, mainly due to their low marine scientific training and poor development of marine technology. The United Nations Convention on the Law of the Sea (UNCLOS) establishes the general legal framework on the rights and obligations of coastal States and of third countries, regarding access to the different marine areas and their resources, as well as the provisions on marine scientific research and marine technology transfer. On the subject of marine genetic resources under national jurisdiction, the Convention on Biological Diversity (CBD) and its Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (Nagoya Protocol) address the historical claims of the developing countries, where the objective is fair and equitable benefit-sharing from the utilization of genetic resources and related traditional knowledge of indigenous and local communities, including proper access to genetic resources and appropriate technology transfer. Negotiations are underway for drawing up an international treaty for the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction, which will also address marine genetic resources, capacity building and marine technology transfer issues.