© 2023 盟 盟 ⼝ 纸 映 盟 盟 盟 去 务 研 愿 副 务 纸 务 模 去 务 导 : 务 务 聚 盟 副 务 筛 务 务 ⼜ 务 筛 务 撰 筛 送 盟 © G:HUB 2023 This report is free to use and reproduce for your own publication, as long as they are not for commercial use. As the copyright holder, G:HUB does request due acknowledgement and a copy of your publication. Please contact author for citation of the data or figures. For online publication, G:HUB requests direct link to the original resource on the G:HUB website. This paper only represents the views of G:HUB. Please contact us if there’re any questions or problems. Acknowledgements This report was produced by G:HUB. We would particularly like to acknowledge World Wildlife Fund for Nature Beijing Office for their funding support for this report. Special thanks to the following experts who supported this research by contributing text to the discussion section, participating in the project workshop and/or providing feedback in the review proces. (in no particular order): XUE Dayuan Professor College of Life and Environmental Science, Minzu University of China CHEN Yitong A/Professor Law School, Ocean University of China XUE Guifang Professor Koguan School of Law, Shanghai Jiao Tong University QIN Tianbao Professor School of Law, Wuhan University ZHENG Miaozhuang Researcher China Institute for Marine Affairs The lead author of this report is YAO Dan, graduate student from China University of Political Science and Law. CHEN Jiliang, DING Yutian, and YANG Shuai provided research supervision and reviewed this report. We would like to thank our colleagues Program Officer YANG Haitao, and Communication Officer LI Minghui for the production and dissemination of this report. About G:HUB Registered with the Beijing Municipal Civil Affairs Bureau, Greenovation Hub (GHub) is an independent environmental think tank with a global outlook, advancing research and policy discussion and innovation for a net-zero, climate-resilient and nature-positive future. GHub advances the policy development and dialogues in cutting-edge areas of sustainable development, seeks innovative solutions to quality growth, climate resilience and carbon neutrality in China and beyond, contributing to a net-zero and naturepositive future. 确 ABNJ 纸 MGR BBNJ 2023 副 盟 BBNJ 6 纸 BBNJ 筛 ABNJ MGR 纸 副 1 务 导 CBD 2 3 4 5 词 盟 矿纸 副 告 模 副 纸 BBNJ 务 务 纸 2023 BBNJ 矿纸 研 太 3 务 筛 MGR 副 副 纸 关键词： i BBNJ BBNJ Executive Summary The advance in science and technology has made deep sea bioprospecting possible. Such activities, particularly the access to marine genetic resources (MGR) in areas beyond national jurisdictions (ABNJ), lack regulation and thus became one of the key issues of the United Nations' process on biodiversity on the high seas (BBNJ). This report reviews the main differences in national positions and the reasons behind them in the UN negotiation. It also offers observation on the emerging regulation based on the BBNJ Agreement adopted at the inter-governmental conference (IGC) in June 2023. The BBNJ Agreement is an important step forward after almost two decades of negotiation. The consensus reflected in the agreement on MGR includes (1) Referring to the terminology of CBD; (2) Clarifying the scope of non-monetary benefit-sharing, commercial use, and monetary benefit-sharing for MGR; (3) excluding "fisheries and fishing activities" from the application of the MGR mechanism; (4) Arrangement for digital sequence information (DSI); and (5) Establishing the notification and clearing-house mechanism. The prolonged stagnation in the negotiation on MGR reflects the differences in national interests and values. However, the BBNJ Agreement proves that these gaps are bridgeable. The agreement reached demonstrated the spirit of pragmatism and compromise: The clearing-house mechanism avoids the high costs and uncertainties of a full traceability process. It protects the freedom of scientific research and provides a basis for monetary benefit-sharing. Benefit sharing in the BBNJ Agreement is essentially opportunity sharing for development and resource sharing for the agreement's implementation. Such an arrangement demonstrates a significant concession from developing countries. The developed countries have also made some commitments to finance. Yet the details of the finance mechanism have to be worked out. The implementation of the financial commitments also remains to be seen. The draft agreement reached