Biodiversity Beyond National Jurisdiction

Abstract

bbnj negotiating positions on marine genetic resources are best understood in light of a number of hidden (intellectual) property heuristics at play – arising from the diverging relevance of tangibility and place when it comes to genetic resources and the asymmetry in ip norms in multilateral settings. This short paper sets out in outline, the normative implications of these heuristics and identifies a ‘no harm’ principle that ought to find a place in any new legally binding framework.

Topics & Concepts