Electronic Theses and Dissertation

Tidak Tersedia Deskripsi

This research examines the legal status of marine genetic resources (MGR) in areas beyond national jurisdiction (ABNJ) as a basis for Indonesia’s implementation of the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement. The legal status of MGR had long been a contest between falling under the regime of the principle of freedom of the high seas and the principle of common heritage of humankind, which became one of the clearest points of dispute between developed and developing countries in the biodiversity beyond national jurisdiction (BBNJ) negotiations. This research seeks to address two main issues. First, whether the coexistence of the common heritage of humankind principle and the freedom of the high seas in the BBNJ Agreement advanced or hindered Indonesia’s ability to benefit from MGR in ABNJ. Second, should Indonesia reflect the principle of common heritage of mankind and freedom of the high seas in its prospective law on MGR. This research uses normative legal research with a doctrinal approach, with primary reliance on treaty law, national legislation, and relevant legal scholarship, to assess the legal status of MGR in ABNJ and to formulate legal considerations for Indonesia’s implementation of the BBNJ Agreement. This research finds that combining the two principles furthered Indonesia’s ability to benefit from MGR in ABNJ because it preserves access under high seas freedom while imposing common heritage obligations. Accordingly, Indonesia should reflect both principle in its prospective implementing law that preserves access to MGR, but must subject it to non-appropriation, traceability, reporting, and fair and equitable-benefit sharing from collection to utilization of MGR. This thesis recommends that Indonesia prioritized the enactment of a dedicated implementing law on MGR under the BBNJ Agreement and align domestic preparation with active international engagement to advance conservation, equity, and national scientific capacity.