Le risorse genetiche marine oltre le giurisdizioni nazionali: riflessioni a margine di alcune previsioni della Parte II dell’Accordo BBNJ

This contribution does not aim at illustrating and commenting on all the provisions of Part II of the BBNJ Agreement but focuses only on selected aspects. In particular, the analysis addresses the evolution of the concept of ‘genetic resource’ in international environmental law and its much more recent inclusion in the law of the sea. In this evolution, some interesting aspects are highlighted, including the legal framing of genetic resources between ‘common heritage of mankind’ and ‘common concern of all countries’; the crucial importance of the benefit-sharing element; the hybrid nature of the BBNJ Agreement as a tool comparable to a multilateral environmental agreement but framed within the context of UNCLOS; the enhancement of the intangible element of genetic resources; and the relevance of disclosure regarding the geographic origin of genetic material. Finally, the role of certain Working Groups, within the United Nations and the IHO, is emphasized, as they can contribute to achieving some of the most important objectives of the BBNJ Agreement.