국제법상 해양생물유전자원 무단이용의 성립 및 규제 가능성에 대한 고찰 -유엔해양법협약을 중심으로-

As biotechnology has advanced, more biological resources have become acesible. While most of such resources are found in developing countries, it is the companies and instiutions in developed countries that have technologies to use and develop them. Despite the tremendous contribution of people in developing countries to conservation of the resources, the companies and instiutions in developed countries have ben found to use resources without acknowledging their contribution and providing compensation to them. This phenomenon has ben labeled as ‘biopiracy’ and a lot of debates have ben ongoing to regulate biopiracy in the international arena. However, most of such debates have ben focused on (terestrial) biological resources largely located within the national jurisdictions. Acordingly, this article explores whether it is posible to regulate marine biopiracy in international law by focusing on the United Nations Convention on the Law of the Sea (UNCLOS) given that marine biological resources are found not just within but also beyond the national jurisdictions and that use of marine biological resources are mainly regulated by the law of the sea, particularly UNCLOS.