Marine genetic resources: Outcomes of the United Nations informal consultative process (ICP)

International Journal of Marine and Coastal Law

Volumn 24, Issue 2, 2009, Pages 309-331

  Ridgeway, Lorraine ^a  

^a FISHERIES AND OCEANS CANADA   (Canada)

Author keywords

Marine Genetic Resources (MGRs), marine genetic resources policy debate; Marine genetic resources technical, scientific, commercial, legal issues; United Nations Informal Consultative Process

Indexed keywords

COMMERCIAL ACTIVITY; GENETIC RESOURCE; MARINE POLICY; POLICY ANALYSIS; STAKEHOLDER;

EID: 72449153397     PISSN: 09273522     EISSN: 15718085     Source Type: Journal    
DOI: 10.1163/157180809X421815     Document Type: Article

References (13)

1. Official report to the UN General Assembly (UNGA) of the Co-Chairs (Lorraine Ridgeway (Canada) and Cristián Maquieira (Chile) of the 8th ICP session on Marine Genetic Resources (MGRs), available online at: www.un.org.los.consultative-process.
2. The United Nations Division for Ocean Affairs and the Law of the Sea (DOALOS) notes that the UNGA has provided stewardship of the world's oceans and seas since its establish ment. The UNGA convened the Third United Nations Conference on the Law of the Sea (UNCLOS III), which adopted the UN Convention on the Law of the Sea (LOSC). The UNGA also convened the United Nations Conference on Environment and Development (UNCED), which adopted Agenda 21. The UNGA is in a unique position to give effect to the fundamental principle laid down in the LOSC that "the problems of ocean space are closely interrelated and need to be considered as a whole." In this context, convinced of the impor tance of its annual consideration and review of ocean affairs and the law of the sea and as the global institution having the competence to undertake such a review (Resolution 49/28, avail able online at: http://daccess-ods.un.org/ TMP/2702467.html), the UNGA has carried out
3. such annual reviews since 1983, following the adoption of the LOSC in 1982, based on annual comprehensive reports prepared by the UN Secretary-General.
4. The DOALOS, as part of the Office of Legal Affairs, provides Secretariat functions at ICP meetings, in cooperation with other relevant parts of the UN Secretariat, including the Divi sion for Sustainable Development of the Department of Economic and Social Affairs, as appropriate.
5. In Resolution 54/33, the UNGA decided that ICP meetings should have as broad and inclu sive participation as possible: they are open to all States Members of the UN, States members of the specialized agencies, all parties to the LOSC, entities with a standing invitation to participate as observers in the work of the UNGA pursuant to its relevant resolutions, and inter governmental organizations with competence in ocean affairs; available online at: http:// daccess-ods.un.org/TMP/7495726.html. The meetings also provide an opportunity to receive input from representatives of the major groups as identified in Agenda 21. Non-governmental organizations wishing to attend ICP meetings must either have consultative status with the Economic and Social Council or be accredited to the roster of the Commission on Sustainable Development.
6. This follows the first session of the Ad Hoc Working Group in February 2006.
7. See also the official Report for key aspects of the panellists' related discussions (op. cit., supra note 2).
8. In short, do soft law and codes of conduct complement or deter the certainty of hard law?
9. In the end "Agreed Elements" could not be adopted by the Plenary due to deep division of views on other key and complementary issues-most notably interpretations of the LOSC as it relates to MGRs and of the existence, or not, of legal gaps relating to MGRs. The Co-Chairs provided the UNGA with those elements that had been provisionally agreed to (recognizing that some States saw the whole list as a "package") plus additional ones where the Co-Chairs were confident of the most acceptable wording to the largest group, rather than the whole Plenary. The depth of division on some issues is not to be underestimated.
10. E.g., new elements or compilation of existing elements, or whether or not it will be legally binding.
11. The Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilization are available at: http://www.cbd.int/abs/bonn.shtml.
12. Especially if, for some, outcomes could entail risks to certain interpretations of the current regime?
13. Especially across different specialized fora.