Sustainable development and utilization of marine genetic resources in areas beyond national jurisdiction: A Chinese perspective

Breakthroughs in marine science and technology have profoundly expanded our knowledge of the ocean, driving unprecedented levels of marine resource utilization. Consequently, the immense value of marine genetic resources (MGRs) in areas beyond national jurisdiction (ABNJ) has catapulted them to the forefront of international competition. In response to the existing gap in international legal frameworks governing the conservation and sustainable use of biodiversity in ABNJ, the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement) was adopted on 19 June 2023. This study aimed to explore China's participation in this new frontier of global ocean governance, focusing on the opportunities and challenges it faces. By employing document analysis and policy analysis, the study delved into international legal frameworks such as the United Nations Convention on the Law of the Sea (UNCLOS) and the BBNJ Agreement, as well as China's domestic policies related to marine resource development. It systematically examined the relevant legal frameworks and their historical contexts. Additionally, comparative analysis was used to contrast the policy-making and development practices of developed and developing countries, allowing for a comprehensive assessment of China's role and challenges in the sustainable use of MGRs in ABNJ. It is concluded that while China has made remarkable progress in MGR research, it still lags behind traditional maritime powers in patent accumulation and the commercialization of MGRs. China also lacks comprehensive domestic legislation to address issues such as benefit-sharing and effective regulation of MGRs in ABNJ. Therefore, China must enhance its scientific research and innovation capabilities, actively participate in the follow-up work of the BBNJ Agreement, and promote global marine biodiversity conservation guided by the concept of a Maritime Community with a Shared Future.