Traditional Knowledge Associated with Marine Genetic Resources in Areas Beyond National Jurisdiction

Abstract

This chapter analyzes and interprets the current international legal discussions and regulations concerning traditional knowledge in 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. The analysis focuses on how the agreement addresses traditional knowledge and those producing this kind of knowledge: indigenous peoples and local communities (distinguishing between them) exploring the state of the art in recognizing traditional knowledge across various areas of international law. Additionally, the chapter aims to provide an effective application of these rules by examining the relationship between the agreement and other treaties ruling traditional knowledge, elements of traditional knowledge, and the interpretation and implementation of Article 13 of the Agreement, which serves as the principal source of regulation. A case study is presented to illustrate this implementation. The interpretation is guided by the Vienna Convention on the Law of Treaties and other relevant international agreements concerning genetic resources.