The Nagoya Protocol to the Convention on Biological Diversity (CBD) has threatened to impede access to genetic resources and related data for cross-border scientific research. In principle, every use of genetic resources would require a set of contracts under the CBD, in a “bilateral” regime. The related transaction costs could overwhelm many transnational research undertakings, affecting even public health responses to outbreaks and epidemics. However, the Nagoya Protocol also offers a unique opportunity to resolve this dilemma, despite struggles to define the meaning and coverage of “digital sequence information.” The coverage of genetic sequence data under the CBD remains controversial mainly because users do not know what the potential consequences of such coverage might ultimately entail. This chapter’s objective is to outline a type of coverage devised specifically for pathogens that would promote science, public health, and commercial applications while also protecting the interests of provider countries, supporting innovation, and addressing inequalities. The authors envision an agreed waiver for pathogen sequence data used for upstream scientific research purposes under the Nagoya Protocol, without compromising the duty of users to share benefits. This waiver should help alleviate the problems of definition and subject-matter coverage that have stymied multilateral action.

Chapter 4 addresses the broader field of biotechnology, where two recent technological developments are highly consequential for the global politics of environmental sustainability. The first is the trend towards the utilization of digitalized genetic sequence data via big data methods. This offers novel prospects for biodiversity conservation but also threatens to undermine long-standing international commitments towards the fair and equitable sharing of benefits associated with the physical genetic material corresponding to these sequence data. The second development is novel methods for large-scale genetic manipulation of wild species, offering significant potential for conservation but at the price of unprecedented biosafety challenges. The chapter investigates the responses to these technological developments under the Convention on Biological Diversity, the International Treaty on Plant Genetic Resources for Food and Agriculture, as well as the World Health Organization.

This Chapter provides a working, legal definition of marine genetic resources. In doing so, the Chapter explores key issues surrounding the legal definition of that term. The discussion is set in the context of the importance of the legal definition of marine genetic resources for the legal certainty and clarity of international legal regimes. Providing a clear, working definition of MGRs clarifies the universal understanding of MGRs across existing and future MGR-related regimes and relationships between rules included in those regimes. A compass in the form of a working definition of MGRs helps navigate the sea of uncertainties and strengthen the rule of law.