Sustainable development and utilization of marine genetic resources in areas beyond national jurisdiction: A Chinese perspective

Abstract

Breakthroughs in marine science and technology have profoundly expanded our knowledge of the ocean, driving unprecedented levels of marine resource utilization. Consequently, the immense value of marine genetic resources (MGRs) in areas beyond national jurisdiction (ABNJ) has catapulted them to the forefront of international competition. In response to the existing gap in international legal frameworks governing the conservation and sustainable use of biodiversity in ABNJ, the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement) was adopted on 19 June 2023. This study aimed to explore China's participation in this new frontier of global ocean governance, focusing on the opportunities and challenges it faces. By employing document analysis and policy analysis, the study delved into international legal frameworks such as the United Nations Convention on the Law of the Sea (UNCLOS) and the BBNJ Agreement, as well as China's domestic policies related to marine resource development. It systematically examined the relevant legal frameworks and their historical contexts. Additionally, comparative analysis was used to contrast the policy-making and development practices of developed and developing countries, allowing for a comprehensive assessment of China's role and challenges in the sustainable use of MGRs in ABNJ. It is concluded that while China has made remarkable progress in MGR research, it still lags behind traditional maritime powers in patent accumulation and the commercialization of MGRs. China also lacks comprehensive domestic legislation to address issues such as benefit-sharing and effective regulation of MGRs in ABNJ. Therefore, China must enhance its scientific research and innovation capabilities, actively participate in the follow-up work of the BBNJ Agreement, and promote global marine biodiversity conservation guided by the concept of a Maritime Community with a Shared Future.

Introduction

Since the 1970s, rapid advancements in marine science and technology have unveiled the vast potential of marine genetic resources (MGRs), revealing their profound medical, scientific, and environmental significance. With their far-reaching applications, MGRs are poised to emerge as a key driver of industrial growth in the 21st century, transforming various sectors and fostering innovation. Notably, MGRs are not confined to areas under national jurisdiction; abundant resources with considerable scientific and commercial potential also exist in areas beyond national jurisdiction (ABNJ). While technological advancements have enabled deeper exploration of the ocean, unlocking significant economic benefits, they have also posed a substantial threat to the integrity of marine ecosystems.

The existing international legal framework is marked by a significant gap in comprehensive and effective regulations governing the exploration, exploitation, and conservation of marine biodiversity in ABNJ. Furthermore, the lack of robust and authoritative international institutions to provide adequate oversight and enforcement mechanisms for deep-sea biodiversity conservation is a pressing concern, underscoring the need for strengthened governance and regulatory frameworks. In response to these gaps, the international community has recognized the urgent need for a robust and effective legal framework to regulate the conservation and sustainable use of biodiversity in ABNJ. This acknowledgment prompted the United Nations (UN) to establish an informal ad hoc working group in 2004, marking a crucial step towards addressing the regulatory shortcomings in this critical area. ¹ After nearly two decades of concerted efforts, the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement) was finally adopted. ² While the BBNJ Agreement provides principled guidance for the development and utilization of MGRs in ABNJ, its adoption is merely the first step. Promoting its implementation requires further refinement of specific rules and the establishment of enforcement mechanisms. The development and utilization of MGRs in ABNJ have profound implications for China's marine endeavors, presenting both opportunities and challenges that will significantly impact the country's oceanic ambitions.

This article provides an in-depth examination of the contentious aspects of MGRs within the BBNJ negotiations, accompanied by a thorough analysis of the Agreement's text. Furthermore, it delves into China's underlying stance on MGRs during the negotiations and evaluates the current state of China's development and utilization of these resources. Through this analysis, the article identifies and assesses the opportunities and challenges that China faces in engaging in the sustainable development and utilization of MGRs in ABNJ. Building on these insights, the article presents strategic recommendations to inform China's approach to these critical issues, with a view to promoting the country's interests and contributing to the conservation and sustainable use of MGRs.

A new field of ocean governance established through international negotiations

Origins of international negotiations on MGRs in ABNJ

The rapid advancements in marine science and technology have profoundly expanded humanity's capacity to harness oceanic resources, unlocking unprecedented opportunities for exploration and exploitation. Consequently, MGRs in ABNJ have emerged as highly prized strategic assets, eagerly sought after by nations for their vast and diverse applications in fields such as biotechnology, pharmaceuticals, and sustainable development. Presently, pressing concerns such as rampant overfishing in the high seas, pervasive pollution from maritime transport, and escalating greenhouse gas emissions have taken center stage, catalyzing a precipitous decline in biodiversity in ABNJ—a mounting threat to the integrity of global ecosystems and the health of the planet. ³ Regrettably, despite the pressing need for collective action, the existing international ocean governance framework has been woefully inadequate in addressing the loss of marine biodiversity in ABNJ, underscoring a glaring gap in the global response to this unfolding environmental crisis. The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity, while aiming at sharing the benefits arising from the utilization of genetic resources in a fair and equitable way, is limited to areas within national jurisdiction. ⁴ The International Treaty on Plant Genetic Resources for Food and Agriculture has a narrowly defined scope, specifically targeting a curated list of plant genetic resources that are vital for global food security and sustainable agriculture. In general, a considerable legal lacuna exists in international law with respect to the conservation and sustainable use of MGRs in ABNJ, leaving a significant void in the global governance framework that regulates access to and utilization of these critical resources.

Two glaring deficiencies in the current international legal framework have come to the forefront, underscoring the urgent need for a more comprehensive and effective governance regime. Firstly, the disparity in technological development has created a profoundly uneven playing field. Developed nations, capitalizing on their advanced marine science capabilities, cutting-edge technologies, and substantial economic resources, are aggressively asserting their dominance over ocean resources, utilizing intellectual property rights as a vehicle for privatization and commercialization. This de facto monopolization significantly curtails the developmental opportunities available to developing countries, exacerbating existing inequalities and hindering their ability to harness the benefits of MGRs . ⁵ Secondly, the unbridled and unregulated overexploitation of marine resources has raised alarm about the impending “tragedy of the commons” and the devastating degradation of marine ecosystems, threatening the very foundation of ocean health and resilience. This precarious situation underscores the imperative need for a robust, equitable, and enforceable international governance framework to regulate the exploitation of MGRs in ABNJ.

The interconnectedness and vulnerability to degradation of marine resources necessitate unprecedented cooperation from the entire international community for any institutional arrangement to succeed, and the UN took bold and decisive action. The UN General Assembly first established an ad hoc open-ended informal working group to comprehensively examine the complex issues relating to the conservation and sustainable use of marine biological diversity in ABNJ. From the outset, MGRs in ABNJ have been regarded as a crucial element of the comprehensive “package deal”. Following eleven years of intensive preliminary discussions and concerted efforts, a significant breakthrough was achieved in 2015. The UN General Assembly adopted Resolution 69/292, which mandated the development of an international legally binding instrument on this critical issue, in accordance with the relevant provisions of the United Nations Convention on the Law of the Sea (UNCLOS). ⁶ This international instrument aims to address, effectively and coherently, a series of interconnected issues. These include MGRs, area-based management tools, environmental impact assessments, capacity-building and marine technology transfer. The adoption of this resolution marks a pivotal milestone in the nearly two-decade-long BBNJ negotiations that commenced in 2004 (as shown in Figure 1). The success of this initiative will be crucial in safeguarding our oceans’ biodiversity and ensuring the long-term sustainability of marine ecosystems for future generations.

Figure 1.

The timeline of the negotiation process of the BBNJ Agreement.

Focus of negotiations on MGRs in ABNJ

MGRs in ABNJ have persistently been the focal point of discord and a major stumbling block in previous negotiations, underscoring the complexity and sensitivity of this issue. Their economic significance, coupled with debates surrounding common ownership and widely divergent assumptions about the potential magnitude of benefits, makes them particularly contentious. ⁷ At the heart of the disputes are three pivotal issues: the delicate balance between the long-standing principle of freedom of the high seas and the principle of common heritage of mankind, the creation of a fair and equitable benefit-sharing mechanism, and the safeguarding of intellectual property rights in the context of MGRs.

Developed countries, leveraging their advanced technological capabilities and substantial wealth, have made significant strides in systematically researching deep-sea organisms, and have already progressed to the stages of development and commercialization, thereby securing a considerable head start in the exploration and exploitation of these valuable resources. ⁸ Conversely, developing countries trail significantly behind in the development and utilization of MGRs, hindered by limited technological capabilities and financial resources. This disparity has given rise to two distinct positions and value preferences, shaped by national circumstances and interests. On one hand, developed countries, relying on the principle of freedom of the high seas, assert their right to unfettered access to these resources, while expressing considerable reservations about broad-scale benefit sharing. They advocate for addressing intellectual property issues within the established frameworks of the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO), seeking to maximize the role of intellectual property in driving technological innovation and advancing their economic interests. On the other hand, developing countries advocate for restrictions on unilateral bioprospecting by developed nations, invoking the principle of common heritage of mankind as the basis for their claims. They propose a comprehensive benefit-sharing regime that encompasses both monetary and non-monetary benefits generated by MGRs in ABNJ, ensuring that all countries can equitably participate in and benefit from the utilization of these resources. ⁹ Moreover, they seek to prevent developed countries from establishing a scientific monopoly over MGRs in ABNJ and promoting a more collaborative and inclusive approach to the management of these resources.

Developed and developing countries have engaged in intense and protracted discussions on the aforementioned issues, with divergent views and competing interests hindering progress. Nevertheless, it is evident that the entire human society, encompassing both developed and developing countries, stands to benefit from the development and utilization of MGRs in ABNJ. Prolonged debate only serves to exacerbate the already pressing need for collective action to protect and conserve biodiversity in ABNJ, a shared global imperative that transcends national interests. ¹⁰ In light of these challenges, the Intergovernmental Conference on the BBNJ Agreement has taken a pragmatic approach, focusing on the development of specific rules and guidelines for access to MGRs and the associated benefit-sharing mechanism. The BBNJ Agreement seeks to shift the paradigm of disputes among diverse interest groups from fragmented concerns to collective objectives, promoting cooperation to bridge differences and advance shared interests. ¹¹ By establishing a comprehensive global framework for the sustainable use and conservation of MGRs in ABNJ, the BBNJ Agreement embodies the international community's commitment to striking a balance between conservation efforts and sustainable development, while ensuring equitable access and benefit-sharing among all nations.

China's stance and motivations for engaging in MGR negotiations in ABNJ

China's stance on MGR negotiations in ABNJ

The BBNJ Agreement negotiations constitute a landmark legislative process in modern maritime law, with far-reaching implications for the global governance of the world's oceans. China has played a proactive and consistent role in these negotiations, participating in every stage of the process, from the initial ad hoc working group to the formal intergovernmental negotiations. China has consistently emphasized that the international community shares a deeply intertwined common destiny when it comes to marine biodiversity issues, advocating for a steadfast commitment to building a Community with a Shared Future for Mankind. This approach prioritizes strengthened cooperation and the development of equitable, rational, and effective solutions that benefit all nations. China advocates for exploring innovative governance models that achieve a delicate balance between conservation and sustainable utilization, premised on the understanding that effective conservation is a necessary precursor to harnessing the benefits of ABNJ. Furthermore, China posits that the agreement should adopt an equitable and inclusive approach, addressing the diverse interests and concerns of all parties and yielding universal benefits. To this end, China encourages all parties to harness their collective expertise in politics and law to strike a judicious balance between regulating access to MGRs and ensuring freedom for scientific research on the high seas, while also promoting fair benefit-sharing that respects intellectual property rights. China emphasizes that the new agreement should yield benefits for the entire international community, with a special focus on addressing the interests and needs of developing countries, and ultimately aims to foster mutually beneficial and win-win outcomes for all stakeholders, promoting a more equitable and inclusive global governance framework. ¹²

China has made significant strides in deep-sea entry, exploration, and development technologies, positioning itself uniquely among nations involved in marine biological resource exploration. With rapid growth in marine exploration and technological development, China is poised to capitalize on a more adaptive policy environment. In discussions on benefit-sharing models, China prioritizes non-monetary mechanisms, emphasizing the importance of capacity building and technology transfer for developing countries. This approach aligns with China's broader strategy of fostering international cooperation and supporting global development. Regarding the complex issue of intellectual property rights for MGRs, China proposes that such discussions should occur within the framework of specialized agencies, such as the WIPO. China maintains that the BBNJ Agreement need not include specific provisions on this matter, advocating for a more streamlined approach that leverages existing international bodies and their expertise. ¹³

China's stance on the negotiations surrounding MGRs in ABNJ reflects its multifaceted strategic considerations. To gain a deeper understanding of China's approach and make informed predictions about its future policies and actions on marine biodiversity conservation in ABNJ, it is essential to grasp the underlying factors driving its position. By examining China's negotiation tactics and policy priorities, we can better understand its long-term vision for international marine biodiversity governance and its potential implications for the global maritime order. This insight is particularly crucial given China's growing influence in international affairs and its expanding capabilities in deep-sea exploration and utilization.

Key drivers and influential factors of China's engagement in the development and utilization of MGRs in ABNJ

Safeguarding national maritime interests

The vast expanse of ocean waters beyond national jurisdiction, encompassing nearly two-thirds of the world's oceans, harbors a wealth of critical resources. These resources play a pivotal role in the long-term sustainability and growth of human society and the global economy. ¹⁴ As terrestrial and near-shore resources become increasingly scarce, the focus has shifted to the development and utilization of deep-sea and pelagic biological resources, with a particular emphasis on the potential of MGRs. This shift in attention reflects the urgent need to explore and responsibly harness the potential of these largely untapped marine ecosystems to address future resource challenges. As genomic and molecular technologies based on the genetic properties of marine organisms are rapidly becoming core parts of the tools to explore, understand, and manage marine biodiversity, capacity efforts in marine science can demonstrate some of the key conservation benefits of MGRs. For example, DNA-barcoding, genetic markers, and eDNA sequencing are increasingly deployed together with traditional taxonomic tools in the study of biology, taxonomy, ecosystem role, and connectivity of organisms in deep-sea coral and sponge communities. ¹⁵ MGRs also play a crucial role in environmental protection efforts, particularly in the realm of bioremediation. For instance, marine microorganisms derived from MGRs have demonstrated significant potential in the treatment of harmful waste and other pollutants, offering innovative solutions for pollution control and the restoration of ocean ecosystems. These biotechnological applications not only contribute to cleaner marine environments but also exemplify the multifaceted value of MGRs in addressing global environmental challenges.

The sustainable utilization of MGRs represents one of the most innovative and promising frontiers in global scientific and technological advancement, holding significant research potential for China. The application of cutting-edge molecular biology and microbial ecology techniques to marine biology enables deeper exploration of marine life's mysteries, potentially yielding scientific breakthroughs beneficial to humanity. The vast and largely untapped reservoir of MGRs also serves as a catalyst for genetic technology innovation, driving crucial experiments and research across related disciplines. ¹⁶ Moreover, the development and exploitation of MGRs is poised to become a new economic growth sector, potentially emerging as a breakthrough industry for China. ¹⁷ The high-value utilization and multifaceted applications of MGRs are propelling the marine biological industry towards becoming a high-value-added, highly efficient emerging sector with immense economic potential. China's marine economy underscores this potential: in 2022, the gross ocean product reached 9462.8 billion yuan, marking a 1.9% increase from the previous year and accounting for 7.8% of the country's GDP. The marine sector's economic composition revealed primary industry contributions of 434.5 billion yuan, secondary industry at 3456.5 billion yuan, and tertiary industry at 5571.8 billion yuan, representing 4.6%, 36.5%, and 58.9% of the gross ocean product, respectively. ¹⁸

In essence, China's maritime interests have become the primary catalyst for its involvement in the negotiations of the development and utilization of MGRs in ABNJ. This engagement is driven by a strategic acknowledgment of the far-reaching scientific, technological, and economic implications of MGRs for China's long-term growth and global competitiveness.

Strengthening global ocean governance

The global ocean governance landscape is undergoing a profound transformation, presenting a pivotal moment for China to amplify its influence in shaping the future of ocean governance, particularly in emerging areas such as the development and utilization of MGRs in ABNJ. The evolving legislative framework for MGRs marks a significant shift from the traditional notion of high seas freedom, embracing a more structured and coordinated governance approach. This paradigm shift involves nations extending their jurisdictional reach over high seas areas, underscoring the need for strengthened international cooperation and diplomacy. ¹⁹ Historically, the global ocean governance landscape was dominated by traditional Western maritime powers, which often prioritized strategic competition over cooperation. This approach has limited the participation of emerging maritime nations like China and hindered broader international cooperation in ocean governance. However, the current transformation presents an opportunity for China to play a more active role in shaping the future of ocean governance and promoting a more inclusive and cooperative approach.

In the face of unprecedented global changes, China is eager to actively participate in shaping the new order of global ocean governance. A robust and well-crafted BBNJ Agreement has the potential to promote global equity, aligning with the goals of the UN and many of its Member States. ²⁰ China's proposed initiative of building a Maritime Community with a Shared Future (MCSF) is a concrete manifestation of the broader vision of building a Community with a Shared Future for Mankind applied to ocean issues. This initiative aligns closely with the objectives of the BBNJ Agreement, transcending narrow ethnocentric perspectives. ²¹ The MCSF provides a fresh approach to resolving disputes in negotiations related to MGRs in ABNJ. It encourages nations to move beyond sovereignty-centric logic and embrace a shared destiny mindset. This approach prompts the international community to reconsider related issues through the lens of sustainable development, effectively galvanizing all countries’ sense of responsibility towards conserving MGRs in ABNJ and protecting the marine ecological environment. ²² Consequently, it has significantly facilitated the alignment of interests among nations and the achievement of consensus.

The articulation of marine development aspirations and the protection of national maritime rights and interests form the logical foundation for building China's marine discourse power. ²³ As China's awareness of marine rights protection deepens and its deep-sea research capabilities expand, the country is increasingly seeking to contribute to the establishment of a fair and equitable order in emerging areas of global ocean governance, such as the conservation and sustainable use of biodiversity beyond national jurisdiction, while also strengthening its national discourse power. Furthermore, the MCSF, as China's proposed solution for global ocean governance, requires incorporation and reinforcement through international legal frameworks to achieve international consensus and effective implementation. ²⁴

The increasing global attention on harnessing MGRs in ABNJ has elevated the strategic significance of China's involvement in this domain. China's engagement transcends mere protection of its own maritime rights and interests; it embodies a forward-thinking approach to addressing pivotal issues in global ocean governance. Throughout the negotiations for the conservation and sustainable use of marine biodiversity in ABNJ, China has demonstrated remarkable diplomatic acumen and a steadfast commitment to international cooperation. Notably, China has risen to prominence as a pivotal actor in shaping and implementing global ocean governance policies, underscoring its expanding influence and corresponding responsibility in international maritime affairs.

Current status and challenges of China's participation in the conservation and sustainable use of MGRs in ABNJ

The BBNJ Agreement represents a collective achievement of the international community, while also highlighting the crucial role of individual nations’ diplomatic efforts and mediation. China, as the world's largest developing country and second-largest economy, has emerged as a key player in these negotiations. This pivotal role stems from China's expanding maritime capabilities, its strategic interests in ocean governance, and its growing responsibilities as a global power. This section explores the prospects and challenges that China is poised to face in its future endeavors related to the conservation and sustainable use of MGRs in ABNJ, providing insights into the potential trajectories and hurdles that may shape China's role in this evolving domain of international maritime governance.

Current status of China's utilization of MGRs in ABNJ

The development and application of marine biotechnology has emerged as a critical component underpinning China's latest technological revolution. In the domain of MGRs, China has established several flagship initiatives, such as the Life and Health Big Data Center at the Beijing Institute of Genomics of the Chinese Academy of Sciences, the China National Gene Bank operated by the BGI Group, the Deep-sea Biological Resources and Spatial Information Big Data Platform housed within the Third Institute of Oceanography of the Ministry of Natural Resources. Through these concerted efforts, China has aligned its MGR research and development with international standards, empowering the country to undertake a wide range of scientific investigations that encompass both fundamental research and applied aspects of deep-sea biodiversity and MGRs in ABNJ. ²⁵

China has made substantial progress in taxonomic classification and systematic evolutionary studies of MGRs, having already completed the identification of over 100 new species of marine microbes. Through these efforts, China has emerged as a key international force in the discovery and cataloguing of novel deep-sea microorganisms. ²⁶ The country has established the world's largest repository of deep-sea bacterial strains. ²⁷ The Ministry of Natural Resources has set up China's first dedicated laboratory for MGR research and development, along with the nation's inaugural professional marine microbial strain library. Notably, the Marine Culture Collection of China, housed at the Third Institute of Oceanography of the Ministry of Natural Resources, is one of the largest and most diverse repository of its kind worldwide. ²⁸ In terms of marine technology and equipment capabilities, China has, through indigenous innovation, mastered core technologies for manned deep-sea submersibles, positioning the country as one of the few developing nations worldwide with the capacity for deep-ocean exploration and operations. Advanced equipment such as Jiaolong, Hailong, and Qianlong has empowered Chinese scientists to carry out detailed seafloor observations and collect crucial biological samples from the ocean's depths.

China has promulgated a suite of high-level policy documents aimed at fostering the growth and development of its MGRs industry, providing a strategic framework for the country's endeavors in this field. The 14th Five-Year Plan for National Economic and Social Development of the People's Republic of China and the Outline of Long-term Goals for 2035 called for cultivating and expanding the marine engineering equipment and marine biomedicine sectors, as well as strengthening the investigation and evaluation of deep-sea strategic resources and biodiversity. ²⁹ China's 14th Five-Year Plan for Marine Economic Development further emphasizes the acceleration of a modern marine industry system and the enhancement of independent innovation capabilities in marine science and technology. ³⁰ According to the 2022 China Marine Economy Statistical Bulletin released by the Department of Marine Strategic Planning and Economics of the Ministry of Natural Resources, China's marine pharmaceutical and biological products industry achieved an added value of 74.6 billion yuan in 2022, a year-on-year increase of 7.1%. Clinical trials of marine drugs are also advancing steadily, and the production scale of marine biological products continues to expand. ¹⁸ In a significant development for China's domestic legislative practice, the country has enacted its first national law governing maritime activities in ABNJ, namely the Law of the People's Republic of China on the Exploration and Development of Resources in the Deep Seabed Area, which provides a comprehensive regulatory framework for China's deep-sea activities. Notably, this law breaks new ground by defining its scope of application as the deep seabed area, encompassing not only mineral resources but also other types of resources. This forward-thinking approach is regarded as a proactive measure to establish a regulatory framework that can interface with the BBNJ Agreement, particularly in relation to the access and benefit-sharing regime for MGRs in ABNJ. ³¹

Overall, backed by a comprehensive suite of policy and institutional measures, China has achieved remarkable accomplishments in the conservation and sustainable utilization of MGRs. The BBNJ Agreement, as a legally binding international legal instrument, not only presents China with new opportunities for the protection and sustainable use of MGRs in ABNJ, but also heralds a profound shift in the global ocean governance landscape. This transformation is inextricably linked to the safeguarding of China's maritime interests and the country's strategic aspiration to establish itself as a leading marine power. Given the profound implications of this shift, it is crucial that China develops a sophisticated understanding and rigorous analysis of the challenges it faces in harnessing MGRs in ABNJ, in order to navigate the complexities of this evolving landscape and secure its position as a responsible and influential player in global ocean governance.

Challenges facing China's participation in the development and utilization of MGRs in ABNJ

Insufficient scientific research

MGRs constitute a highly complex and technologically-dependent field that is inextricably linked to biodiversity research and ocean science. ³² Although China has made notable strides in the scientific exploration of MGRs, the country's capabilities continue to trail behind those of leading maritime nations. A key indicator of scientific research prowess in the MGR domain is the number of patents held. For example, of all patents associated with MGR sequences, entities based in just three countries - Germany, the United States, and Japan - account for a staggering 74%, with Germany alone holding a dominant 49% share, followed by the United States (13%) and Japan (12%). ³³

Marine research institutions in major maritime nations have launched ambitious initiatives, such as the international Census of Marine Life (CoML), the largest and most comprehensive global collaboration on marine biodiversity to date. ³⁴ These initiatives provide accurate data references that inform national marine policy development and strengthen their participation in international legislative negotiations. In contrast, China's MGR research landscape is characterized by a notable absence of large-scale, foundational research initiatives. This has resulted in a dearth of scientific research data, which in turn has eroded China's influence in the development of international regulations, as developed countries leverage their technological superiority to establish thresholds that often disadvantage developing nations in rule-making processes.

Inadequate legal frameworks

The development and utilization of MGRs in ABNJ expose significant legal lacunae that are not adequately addressed by China's existing legislative frameworks. China's current legislative framework for MGRs comprises several key laws, including the Law of the People's Republic of China on the Exploration and Development of Resources in Deep Seabed Areas ³⁵ and the Biosecurity Law of the People's Republic of China. ³⁶ However, these laws have significant limitations. Specifically, the law on deep seabed resources primarily regulates mining activities in the international seabed area, leaving a regulatory gap with regards to access to, and benefit-sharing of, MGRs. Meanwhile, the biosecurity law, which aims to prevent and respond to biosecurity risks, is primarily focused on domestic genetic resources and does not address MGRs in ABNJ.

Regarding the access to and benefit-sharing of genetic resources, more than 68 contracting parties to the Convention on Biological Diversity have formulated laws and administrative management measures. Some non-parties, including the United States, have also established relevant management systems. ³⁷ However, China has not yet established specialized legislation for the protection of biological diversity in ABNJ. Unresolved issues include unclear ownership of MGRs, uncertain methods and standards of benefit-sharing, ambiguous responsibilities of regulatory agencies, and unclear punishment measures. This lack of specialized legislation puts China in a vulnerable and passive position when engaging in international cooperation and participating in international negotiations. In light of the BBNJ Agreement's requirements, if China intends to be bound by the Agreement, it must take necessary legislative or administrative measures to regulate activities related to MGRs in ABNJ that fall under its jurisdiction, foster relevant international cooperation, and fulfill its obligation to notify the Clearing-House Mechanism established by the BBNJ Agreement. Additionally, China should take necessary measures to ensure that benefits arising from activities with respect to MGRs in ABNJ that fall under its jurisdiction are shared in a fair and equitable manner, in accordance with the BBNJ Agreement.

A robust legal framework is essential for the effective and sustainable utilization of MGRs in ABNJ. Without it, management conflicts and compromised law enforcement are likely to ensue. Furthermore, the absence of a sound legal framework would hinder the implementation of specific provisions of relevant international laws, rendering it challenging to defend China's rights and interests in the event of potential international disputes.

Strategic priorities for China's development and utilization of MGRs in ABNJ

The BBNJ Agreement establishes a foundational framework for the sustainable utilization of MGRs in ABNJ, marking a crucial milestone; however, it is essential to acknowledge that this achievement represents only the initial step towards effective governance and management of these vital resources. As UN Secretary-General António Guterres has urged, all countries should spare no effort to ensure the entry into force of the agreement and act swiftly. ³⁸ With the BBNJ Agreement now entering its implementation phase, China must embark on comprehensive preparations to proactively engage in the sustainable development and utilization of MGRs in ABNJ, thereby capitalizing on the opportunities presented by the post-BBNJ era.

Developing a strategic blueprint for the MGR industry and enhancing relevant regulatory framework

To fulfill China's obligations under the BBNJ Agreement, facilitate its active engagement in global ocean governance, and protect its national rights and interests, it is essential to accelerate the development and implementation of strategic plans and legislation that will propel the growth of relevant industrial chains. First, China should adopt a holistic approach that strikes a balance between development and conservation, combining pollution prevention and ecological restoration to continuously improve the quality of the marine environment and preserve the natural regenerative capacity of the oceans. Notably, China should leverage scientific research to develop and utilize MGRs sustainably and explore market-oriented and eco-friendly pathways to unlock the value of ecological products. Second, China should actively facilitate the transfer and industrialization of deep-sea biotechnology breakthroughs, prioritizing the application of marine microbial resources in key areas such as biomedicine, environmental protection, and agriculture. This will enable the timely translation of scientific and technological advancements into productive forces. Third, China should foster effective synergy and alignment between international law and domestic law, incorporating the concept of integrated marine management to enhance the legal framework governing MGRs. This can be achieved by harmonizing existing laws related to the deep sea, biosafety, and patents with the BBNJ Agreement, and introducing corresponding incentive policies to encourage enterprises to take a leading role in developing relevant standards and industry norms.

Strengthening China's indigenous innovation capabilities in marine science and technology

A crucial strategy in marine research involves achieving independent mastery of core technologies, particularly cutting-edge deep-sea research technologies and equipment. Given the current state of MGR development in China, it is recommended that the Ministry of Science and Technology and the State Oceanic Administration jointly establish a national-level special project dedicated to advancing the development and utilization of MGRs, with a focus on creating high-end marine research equipment. Furthermore, China could establish a national deep-sea gene bank to undertake systematic analyses of deep-sea biodiversity and conduct theoretical and applied research in this field. Particular emphasis should be placed on researching and developing key technologies related to deep-sea biological investigations, with the aim of facilitating the high-value utilization of deep-sea genetic resources. To foster a framework of collaborative innovation, it is essential to encourage active participation from universities, research institutes, and enterprises through a competitive management mechanism. Additionally, China should develop a comprehensive marine talent-training plan, establish a dedicated marine talent-training base, and broaden the scope of high-level marine talent cultivation.

China can also leverage international cooperation platforms like the UN Decade of Ocean Science for Sustainable Development (UN Ocean Decade) to enhance its knowledge base and exchange advanced technologies with other nations. ³⁹ The mission of the Ocean Decade is to catalyze transformative ocean science solutions for sustainable development, connecting people and our ocean. ⁴⁰ The successful implementation of the UN Ocean Decade objectives is expected to drive further advancements in MGR-related technologies. This proactive approach will not only help mitigate disputes over intellectual property rights to some extent, but also facilitate technology transfer, thereby significantly enhancing the capacity of developing countries to conserve and sustainably utilize MGRs, and promoting equitable benefit-sharing.

Promoting global cooperation through the MCSF

By supporting inclusive and participatory efforts to fast-track implementation and to better understand ocean biodiversity and monitor ocean change, BBNJ-relevant initiatives can fill critical gaps in capacity for integrated and coordinated ocean management to safeguard marine biodiversity across generations and for the benefit of all. ⁴¹ The MCSF emphasizes three key commonalities: shared interests, shared responsibilities, and shared destiny. This initiative can promote a broader consensus to deepen marine cooperation in the field of MGRs and also guide the realization of “harmony between humanity and the sea” in the development process of MGRs, thus implementing the principle of sustainable utilization.

China has consistently upheld multilateralism and prioritized extensive cooperation and exchange, in order to build a global synergy for the governance and protection of marine biodiversity. In May 2024, China and France issued a joint statement on strengthening cooperation on biodiversity and the ocean. Through this statement, the two countries committed to establishing a multilateral mechanism for the equitable sharing of benefits arising from digital sequence information on genetic resources, as mandated by the COP15 decision of the Convention on Biological Diversity. Furthermore, they pledged to pursue both bilateral and multilateral cooperation, as stipulated in the BBNJ Agreement, and to actively engage with the organizations they participate in to advance the achievement of the agreement's objectives while also strengthening inter-institutional coordination. Additionally, the two countries reaffirmed their commitment to working towards the entry into force of the BBNJ Agreement and its subsequent implementation, and pledged to contribute to the development and implementation of an equitable multilateral solution for sharing benefits derived from genetic resources, in alignment with the agreement's core principles. ⁴²

Within the framework of South–South Cooperation, China has actively provided support to developing countries in protecting biodiversity, including through the establishment of the China–ASEAN Environmental Cooperation Center, where China collaborates with ASEAN countries to develop and implement the Biodiversity and Ecosystem Conservation Cooperation Program. China has also set up the Southeast Asia Biodiversity Research Center under the Chinese Academy of Sciences, which conducts joint scientific expeditions, major scientific research, policy advisory services, and talent cultivation. Furthermore, China has established the China–Africa Environmental Cooperation Center to promote environmental technology cooperation and share green development opportunities. Through these bilateral and multilateral cooperation efforts, China has enabled over 80 developing countries to benefit from biodiversity conservation. Additionally, China has established bilateral cooperation mechanisms with Germany, the United Kingdom, South Africa, and others, engaging in extensive cooperation and exchange in areas such as biodiversity and ecosystem services, climate change, and biosecurity. China has also established a trilateral biodiversity policy dialogue mechanism with Japan and South Korea. ⁴³

The suite of international cooperation initiatives currently being undertaken by China holds considerable significance for the conservation and sustainable utilization of marine biodiversity. Building on this momentum, China should continue to be guided by the MCSF and foster further international cooperation on MGRs in ABNJ, promoting a collaborative approach to addressing the complex challenges facing the world's oceans.

Meanwhile, what needs to be pointed out is that the study has the following limitations. Firstly, the study primarily draws on a comprehensive analysis of existing literature, policies, public data, and documents. Due to the high confidentiality of some data related to the development and utilization of MGRs, it is not possible to investigate all situations related to this field, which may limit a comprehensive understanding of current practices and issues. Secondly, considering that the BBNJ Agreement contains relatively principled provisions and has not yet come into force, it remains to be seen whether the debates over MGRs during the negotiations will significantly impact the implementation of international rules on MGRs under the BBNJ Agreement. In the future, the Conference of the Parties to the BBNJ Agreement may further develop guidelines or other specific rules related to the access to and benefit-sharing of MGRs to promote compliance and implementation by the international community, but the content of these guidelines or rules is currently unknown. Therefore, future research could enhance the depth and breadth of this study by continuously observing the gradual improvement and subsequent implementation of the BBNJ Agreement, combined with quantitative data, field cases, and analysis of the interests of different countries.

Conclusions

As a key player in shaping the post-BBNJ global ocean governance landscape, China should strategically plan the development of its MGR industry, focusing on enhancing its institutional framework and bolstering domestic marine research capabilities. Moreover, the article emphasizes the importance of close collaboration with the international community to navigate the complexities and disputes that may arise during the BBNJ Agreement's implementation. By upholding the vision of the MCSF and actively participating in international cooperation on MGR conservation and sustainable utilization in ABNJ, China can strike a balance between safeguarding its own maritime rights and interests while promoting the collective sustainability of the world's oceanic resources.