Abstract

NEIRA, Sergio Peña. Planning on law: Fair and just in the division of benefits. The case of genetic resources in the high seas (water column). Rev. Derecho Estado [online]. 2018, n.41, pp.227-253. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n41.09.

How to define sharing benefits from Marine Genetic Resources in the High Seas (water column) as equitable and just? Supposedly, the United Nations Convention on the Law of the sea, international custom and the convention on biological Diversity do not rule marine genetic resources in the High seas as far as sharing benefits is concerned. the basic feature of international law and its sub-disciplines (of environment, investment, conflict resolution), subjects, and objects has to do with its content whatever the validity from international law as such or national law and the content based on sense and limits by interpretation and application (internationally and nationally). Interpreting international legal rules is only possible utilizing the elements established by international law, one is the systematically interpretation considering all and certain legal rules as foundations of the international legal system.

Keywords : Marine genetic resources; equity; justice; benefit sharing; lack of rules; water column.

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