This chapter interprets the scope and key definitions in Part II Marine Genetic Resource governance of the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement. The purpose of this chapter is to: (a) aid practitioners and policy makers’ understanding of the rationale underlying the treaty obligations and key gaps in interpretation; (b) outline how scope and definitions shape the treaty framework and institutional arrangements; and (c) provide practical considerations for how scope and definitions might be implemented in practice by Parties. Through a textual analysis of the treaty and its evolution during preparatory and intergovernmental committee meetings, it critically analyzes scope in three dimensions: jurisdiction (geography, sovereignty and relationships with other instruments, frameworks and bodies); subject matter (physical materials, sequence information, traditional knowledge, activities and exclusions); and temporal scope (including retrospectivity). The chapter analyzes the principles of ‘without prejudice’, ‘non-appropriation’, ‘due diligence’ and ‘not undermining’ in the treaty context. It concludes that the BBNJ Agreement has an expansive scope requiring clarification and calibration by treaty bodies for a common approach to implementation by Parties.

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Marine Genetic Resources Beyond National Jurisdiction: The Expansive Scope of the BBNJ Agreement

  • Fran Humphries

摘要

This chapter interprets the scope and key definitions in Part II Marine Genetic Resource governance of the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement. The purpose of this chapter is to: (a) aid practitioners and policy makers’ understanding of the rationale underlying the treaty obligations and key gaps in interpretation; (b) outline how scope and definitions shape the treaty framework and institutional arrangements; and (c) provide practical considerations for how scope and definitions might be implemented in practice by Parties. Through a textual analysis of the treaty and its evolution during preparatory and intergovernmental committee meetings, it critically analyzes scope in three dimensions: jurisdiction (geography, sovereignty and relationships with other instruments, frameworks and bodies); subject matter (physical materials, sequence information, traditional knowledge, activities and exclusions); and temporal scope (including retrospectivity). The chapter analyzes the principles of ‘without prejudice’, ‘non-appropriation’, ‘due diligence’ and ‘not undermining’ in the treaty context. It concludes that the BBNJ Agreement has an expansive scope requiring clarification and calibration by treaty bodies for a common approach to implementation by Parties.