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Does the Common Heritage Principle make any difference? The case of marine biodiversity in the digital age

Tue, August 18, 6:00 to 7:40pm CEST (6:00 to 7:40pm CEST), virPrague, VR 13

Abstract

In the digital age, governing the access to and use of natural resources requires an update of previously agreed-on regulations. A case in point is the collection of, access to and sharing of benefits from marine genetic resources (MGRs) in areas beyond national jurisdiction (ABNJ), which is currently negotiated as part of a new legally binding instrument for the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ). One discussed option is to apply the common heritage of humankind principle (CHP), which follows the idea that areas and resources that do not fall under the jurisdiction of any state belong to and benefit all humans, including present and future generations. The research presented in this paper draws on ethnographic research conducted during negotiations with the aim to analyse struggles between governments related to specific terminologies and concepts such as the CHP. The negotiations provide a good case to study how governments deal with questions of ownership of environmental and digital data in light of the diverging interests of private and public actors. Considering globally unequal capacities to access and use MGRs, questions of fairness in the distribution of material and knowledge resources that are needed to access the economic services of environmental genetic data arise. This paper connects the political debates to historic and ongoing struggles over ownership of natural and digital resources and demonstrates that multiple ethical layers need to be considered in relation to environmental data in the digital age.

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