International Coastal Management:
Tools for Successful Regional Partnerships and Initiatives

Managing Access to Marine Genetic Resources in Belize: Cooperation Rather than Capture

Richard McLaughlin
University of Mississippi Law Center

Scientific and commercial interest in marine genetic resources as sources of drugs and other biotechnological uses is growing rapidly. It has been estimated that fifty percent of all drugs marketed today are extracted directly from natural sources or synthesized from natural product material or templates. Although less well known than terrestrial species, marine organisms have been recognized as having an especially high probability of yielding useful natural products. Diverse groups of archaea, fungi, algae, sponges and microorganisms have all exhibited unique potential for pharmaceuticals and other novel uses.

While potentially valuable marine species live in all ocean environments, areas of high biodiversity and competition among organisms, such as coral reefs, are especially good sources of new drug and biotechnological products. Because of its size, its array of reef types, and its exceptionally high biodiversity, the Mesoamerican Barrier Reef System is uniquely suited as a source of marine genetic materials. Although the reef is shared by the nations of Mexico, Belize, Guatemala and Honduras, eighty percent of the resource lies within the territorial waters of Belize.

One of the primary deterrents to future development of marine biotechnology is the lack of predictable, fair, and effective international and domestic legal rules governing ownership of marine genetic resources. Formal international recognition of source country sovereignty over genetic resources was achieved in 1993 with the entry into force of the Convention on Biological Diversity (CBD). As a consequence of restrictions imposed by the CBD, foreign researchers are no longer able to commercialize a State Party''s terrestrial or marine genetic resources without receiving its prior informed consent.

The CBD encourages source States to facilitate foreign access to genetic resources. In return, the Convention requires user States to enter into mutually agreed benefit sharing provisions that include: (1) prior informed consent; (2) participation in research; (3) technology transfer; and (4) up front payments and/or a percentage share of proceeds resulting from commercialization.

The Mesoamerican Barrier Reef System Project (MBRSP) could potentially play an instrumental role in shaping the future development of the global marine biotechnology industry. First, by providing researchers carefully planned and controlled access to one of the most valuable natural laboratories in the world. Second, by engaging in long-term environmental information collection and monitoring programs that provide the kind of reliable scientific baseline data that is essential to any successful effort to commercialize marine genetic resources. Finally, by moving away from the traditional rule of capture as the dominant resource management paradigm and creating a regional or ecosystem-based method of managing marine genetic resources and sharing in their benefits, that may serve as a model for other nations that share similar resources.