Ocean Action Hub

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USER BLOG: The transfer of marine technology as benefit-sharing - BENELEX

04 Nov 2015 - This blog post analyses UNCLOS rules on marine technology transfer as a form of benefit-sharing, discusses challenges to their implementation and identifies opportunities for tackling them.

04 Nov 2015 - Mara Ntona, BENELEX - The UN Convention on the Law of the Sea (UNCLOS) includes provisions on the transfer of marine technology (Part XIV) that seek to contribute to the realization of a just and equitable economic order, similarly to its provisions on marine scientific research (as discussed in a previous post). This economic order is envisaged to take into account the interests and needs of mankind as a whole, and of the special interests and needs of developing countries, in particular of coastal or land-locked countries. Against this background, this blog post will analyse UNCLOS rules on marine technology transfer as a form of benefit-sharing, discuss challenges to their implementation and identify opportunities for tackling them.

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USER BLOG: Benefit-sharing and marine scientific research - BENELEX

01 Nov 2015 - Blog post analysing the rationale that underpins the UNCLOS provisions on marine scientific research, and the underlying compromise between the divergent interests of developed and developing States. 

01 Nov 2015 - Mara Ntona, BENELEX - In the years preceding the adoption of the 1982 United Nations Convention on the Law of the Sea (UNCLOS), developments in the fields of marine science and technology proliferated. As a result, the elaboration of a legal framework that would deal constructively with the consequences of scientific and technological progress emerged as one of the primary goals of the final phase of the UNCLOS negotiations. The heated political debate surrounding marine scientific research was ultimately distilled in UNCLOS Part XIII, an important element of which is benefit-sharing. This blog post will begin by analysing the rationale that underpins the UNCLOS provisions on marine scientific research, and the underlying compromise between the divergent interests of developed and developing States. Different forms of benefit-sharing will then be identified in the context of these provisions. The post concludes with a discussion of challenges to their implementation.

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USER BLOG: The First World Ocean Assessment: A Benefit-sharing Perspective - BENELEX

23 Dec 2015 - This blog post begins considers the rationale and the process that led to the publication of the WOA and discusses its findings related to inter-State and intra-State benefit-sharing.

23 Dec 2015 - Mara Ntona, BENELEX - The UN General Assembly welcomed the First World Ocean Assessment (the WOA or the Assessment) and approved its summary. The Assessment analyses interactions between the many dynamics pertaining to the ocean and humans uses of the ocean with a view to supporting more effective decision-making, as well as identifying knowledge and capacity gaps. As such, the Assessment does not elaborate on pertinent legal and policy frameworks and contains very few explicit references to benefit-sharing. Nevertheless, many of its findings are potentially relevant to research on fair and equitable benefit-sharing. This blog post begins by considering the rationale and the process that led to the publication of the WOA, before discussing its findings relating to inter-State and intra-State benefit-sharing.

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Benefit-Sharing in marine areas beyond national jurisdiction: where are we at? (Part IV) - BENELEX

26/07/2016 - Elisa Morgera, Elsa Tsioumani and Daniela Diz, BENELEX 

26/07/2016 - Elisa Morgera, Elsa Tsioumani and Daniela Diz, BENELEX - A new treaty on marine biodiversity in the deep seas is becoming a concrete possibility: after ten years of informal, at times circular, discussions, formal negotiations started in April 2016. On that occasion, the international community showed significant commitment to develop new international rules in the framework of the UN Convention on the Law of the Sea (UNCLOS) on, among others, benefit-sharing from the use of marine genetic resources (MGRs) in areas beyond national jurisdiction (ABNJ). This blog post discusses progress made at the first negotiating session with regard to fair and equitable benefit-sharing, with a view to identifying key questions that require further investigation.

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Benefit-Sharing in marine areas beyond national jurisdiction: where are we at? (Part III) - BENELEX

13/05/2015 - Elisa Morgera, BENELEX - Formal negotiation

13/05/2015 - Elisa Morgera, BENELEX - Formal negotiations are finally to be launched on a new treaty on marine biodiversity in the deep seas, including negotiations on benefit-sharing from marine genetic resources. In January 2015, the UN Working Group on marine biodiversity succeeded in reaching consensus, recommending that the General Assembly launch intergovernmental negotiations on an international, legally binding instrument, to be concluded in the framework of the UN Convention on the Law of the Sea (UNCLOS). This blog post discusses the implications of this recent development, highlighting new questions that have emerged in relation to benefit-sharing and the challenges that lie ahead.

ABOUT the BENELEX project:

The BENELEX project is funded through a European Research Council Starting Grant made to Dr Elisa Morgera (University of Edinburgh School of Law) running for five years from 1 November 2013. The project addresses the question: can benefit-sharing address the equity deficit within the green economy? It aims to investigate the conceptual and practical dimensions of “fair and equitable benefit-sharing” – a legal tool seeking to equitably allocate among different stakeholders economic as well as also socio-cultural and environmental advantages arising from the conservation and sustainable use of natural resources.

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Benefit-sharing in marine areas beyond national jurisdiction: where are we at? (Part II) - BENELEX

08/07/2014 - Elisa Morgera, BENELEX - Negotiations in Ne

08/07/2014 - Elisa Morgera, BENELEX - Negotiations in New York continued in June 2014 on the need for a new international agreement to ensure benefit-sharing from the use of marine genetic resources in the deep seas. The General Assembly’s Working Group on marine biodiversity in areas beyond national jurisdiction reconvened from 16-19 June 2014 to continue an exchange of substantive views on the scope, parameters and feasibility of a new international instrument to be adopted under the UN Convention on the Law of the Sea (UNCLOS). This blogpost provides a brief analysis of whether the June meeting has advanced understanding and identified any common ground with regard to the aims and possible sources of inspiration for the creation of a global benefit-sharing mechanism under UNCLOS.

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Benefit-sharing in marine areas beyond national jurisdiction: where are we at? (Part I) - BENELEX

23/05/2014 - Elisa Morgera, BENELEX For ten years nego

23/05/2014 - Elisa Morgera, BENELEX For ten years negotiators in New York have been debating the need for a new international agreement to ensure benefit-sharing from the use of marine genetic resources in the deep seas. A decision on this matter is expected by the end of 2015, but much remains to be clarified as to whether and how benefit-sharing can be framed in that context. This blog post discusses the state of these negotiations and identifies some of the key legal questions that remain unanswered.

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