해양유전자원 의제와 관련한 UN BBNJ 협상에 대한 검토

An Analysis of the BBNJ Negotiations on Marine Genetic Resources Including Questions on the Sharing of Benefits

Marine genetic resources (MGRs) hold significant potential for a range of commercial applications. A proper institutional and regulatory setting is required as part of a broader effort to support the conservation and sustainable use of marine biological resources, particularly, in areas beyond national jurisdiction (ABNJ). To that end, the United Nations General Assembly decided to elaborate a new international legally-binding instrument under the United Nations Convention on the Law of the Sea. Unfortunately, however, the negotiations on MGRs reveal significant divergence on a wide range of issues, including their legal status, the relationship between the new instrument and other relevant instruments and frameworks, the scope of MGRs and relevant activities subject to the new instrument, the possible approach to benefit sharing, the disclosure of origin of MGRs in a patent application, etc. Therefore, this paper closely examines the revised draft text of the new instrument, which reflects the results of the negotiations so far, and forecast future discussions based on the recent textual proposals provided by the negotiating countries.