ABSTRACT
When introducing national legislation on access and benefit sharing (ABS) concerning marine genetic resources, provider and user states must comply with the provisions of two international regimes, the Convention on Biological Diversity (CBD), including its Protocol of Nagoya (NP), and the United Nations Convention on the Law of the Seas (UNCLOS). If a provider state did establish ABS legislation, user states may be obliged to regulate their research and development (R&D) on genetic resources accessed in the provider state. The chapter focuses whether and in what respect the two regimes differ concerning provider and user state rights and obligations or allow for harmonized solutions. 'Marine scientific research' (UNCLOS) and non-commercial research (NP) both aim at increasing the knowledge of all mankind and sharing the benefits with the global community. In contrast, 'exploration/exploitation' (UNCLOS) and 'commercial' utilization (NP) aims at increasing the proprietary knowledge of the user or third parties and reserving for them the benefits of their proprietary sphere.
