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Challenges to the Allocation of Jurisdiction

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Chapter Summary

At present, both within the confines of coastal State jurisdiction and much more importantly, in the areas under the high seas, 'bioprospecting' has become the most immediately exploitable resource of the seabed. It is also true that the structure created under the Law of the Sea Convention applies only to mineral resources. Under the Law of the Sea Convention all activities in the Area would fall under the jurisdictional powers of the International Seabed Authority. The general objective of the 1992 Convention on Biological Diversity may seem to have been drafted with genetic resources and bioprospecting in mind. The Biodiversity Convention operates on the territoriality principle for components of biological diversity found in areas within the limits of national jurisdiction and reverts to flag State jurisdiction for processes and activities carried out beyond the limits of national jurisdiction.

Keywords: biodiversity convention; biological diversity; coastal state jurisdiction; International seabed authority



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