Non-monetary benefit-sharing from digital sequence information under the BBNJ Agreement: legal framework and implementation challenges

To keep pace with the rapid development of modern biotechnologies, including gene sequencing and synthetic biology, the BBNJ Agreement has established a mechanism for the fair and equitable sharing of both non-monetary and monetary benefits arising from the utilization of digital sequence information (DSI) on marine genetic resources. Using the interpretation methodology of international treaties, this article primarily evaluates the legal framework and implementation challenges of the DSI non-monetary benefit-sharing (NMBS) mechanism. This article concludes that while this Agreement has established a basic legal framework for the NMBS mechanism, contracting parties still face notable challenges in implementing it. Specifically, under the context of this Agreement, its legal framework covers the interaction among the mechanisms specified in Part II, Part V, and Annex II. Taken as a whole, although this Agreement has provided a basic legal framework for the NMBS mechanism of DSI, the following implementation challenges still exist: the scope of the mandatory effect of NMBS forms has not been clarified; there is a lack of implementation mechanisms for capacity-building, technology transfer, and scientific and technological cooperation; and the current database governance mechanism is inadequate. To promote the synergistic implementation of the dual objectives set out in paragraph 12 of the Preamble, this article proposes the following pathways for improvement: clarifying the scope of the mandatory effect of NMBS forms; establishing an implementation mechanism for long-term partnerships; and refining the database governance mechanism.