디지털염기서열정보를 둘러싼 접근 및 이익공유 규범의 구조적 전환 - 나고야의정서와 BBNJ 협정을 중심으로 -

This article examines the structural transformation of international access and benefit-sharing (ABS) norms in response to the expanding use of digital sequence information (DSI) and the utilization of marine genetic resources beyond national jurisdiction, through a comparative analysis of the Nagoya Protocol and the BBNJ Agreement. The Nagoya Protocol is grounded in state sovereignty over genetic resources within national jurisdiction and traditionally relies on a bilateral, contract-based ABS model based on prior informed consent and mutually agreed terms. However, the non-material nature and limited traceability of DSI have exposed structural limitations in this approach, prompting the introduction of a multilateral benefit-sharing fund through Conference of the Parties decisions as an ex post institutional adjustment. By contrast, the BBNJ Agreement is designed around the spatial characteristics of marine genetic resources in areas beyond national jurisdiction. It does not require authorization at the access stage, but instead adopts a notification-based approach focused on transparency and information-sharing, coupled with a multilateral and institutionally structured benefit-sharing mechanism. The article demonstrates that the two regimes differ fundamentally in normative logic, benefit-sharing modalities, and compliance mechanisms, while also revealing a shared and irreversible trend toward the multilateralization of benefit-sharing driven by DSI. It further highlights the risk of regulatory overlap and double payment arising from the coexistence of the treaty-based BBNJ benefit-sharing mechanism and the DSI multilateral fund established under the Nagoya framework. The article concludes by emphasizing the need for inter-regime coordination based on non-derogation principles, and by identifying key legal, administrative, and industrial challenges facing Korea in adapting to these evolving international ABS norms.