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Thomas Greiber (LL.M.) Senior Legal Officer, IUCN Environmental Law Centre

Summary of Benefit-Sharing Discussions Seminar on Conservation and Sustainable Use of Marine Biodiversity Beyond National Jurisdiction. Thomas Greiber (LL.M.) Senior Legal Officer, IUCN Environmental Law Centre. Maint Points. Need for benefit-sharing

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Thomas Greiber (LL.M.) Senior Legal Officer, IUCN Environmental Law Centre

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  1. Summary of Benefit-Sharing DiscussionsSeminar on Conservation and Sustainable Use of Marine Biodiversity Beyond National Jurisdiction Thomas Greiber (LL.M.) Senior Legal Officer, IUCN Environmental Law Centre

  2. Maint Points • Need for benefit-sharing • Importance of differentiated benefit-sharing • Access component • Need for better understanding

  3. Different reasons (having their basis in UNCLOS text): Conservation goal ABS as part of a complete & complementary BBNJ package Potential benefits could support other tools of package Tools of package might become necessary in context of access Common heritage as philosophical / ethical concept Preservation for future generations Fairness (right thing / solidarity / just & equitable economic order) Need to be adjusted / interpreted in light of new developments Enabling conditions Aligning scientific and legal world (securing conditions for research) Filling gaps of UNCLOS & Nagoya Protocol Need for BS

  4. Range of benefits: Monetary benefits Non-monetary benefits (needs based) Capacity building, joint research, joint ventures Access to central repository / common pool (material and / or information) Facilitated access Non-use benefits (conservation itself, scientific understanding) Benefits according to types of utilization Different steps from collecting and sampling to developing and patenting product Different sectors (research, industry, different industry branches) Benefits for investors & others Importance of Differentiated BS

  5. Despite focus on BS, access is an issue: Potential negative impacts of human activities might require Certain level of administration / process Minimum guidance / standards Global / decentralized approach Need to monitor for Triggering BS Ensuring transparency & traceability Supporting compliance (international level) & enforcement (national level) Global / decentralized approach (flag state - clearing house) Fairness Avoid closure of access to those later in time (related to IPR) Access Component

  6. Open questions related to MSR: Is access to “wild” resources needed? If so, what are the crucial steps and conditions to consider? Would BS prevent MSR? Nagoya Protocol accepted by industry, any difference for BS under UNCLOS? Level of traceability of MGR Need for Better Understanding

  7. Open questions related to access: Water column vs. seabed Global / regional – centralized / decentralized Entitiy(ies): new / existing Function(s) of entity(ies): Administration Repository: information / material Potential synergies Need for Better Understanding

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