Bioprospecting in areas outside national jurisdiction: Antarctica and the Southern Ocean

摘要: This article examines the issues surrounding bioprospecting for potential resources from areas outside national jurisdiction. Bioprospecting is attracting attention in international law because there a lack of clarity interplay between sovereign rights over biological and intellectual property inventions developed those resources. The situation even more complex where are disputed or absent. focuses on Antarctic Southern Ocean because, although this region administrative custody 45 state parties to Treaty, status legally unclear. While may not be direct conflict legal regime other regimes, including Agreement Trade-Related Aspects Intellectual Property, Convention Biological Diversity United Nations Law Sea, neither does provide adequate guidance treatment global commons areas. An examination has led authors conclude that at very least Treaty consultative should make clear their collective policy before industry takes hold.