Even though it is still relatively unknown, marine biodiversity is of considerable importance both at the scientific and technological levels. The continuous discoveries of sessile or vagile species demonstrate the complexity of marine ecosystem interactions, and the discoveries of genetic and biochemical properties of both sponges and plankton or cnidarians are beneficial to both pharmacopeia, cosmetics and biomaterials. This promising future could lead to what we could call a “sea rush”, whether it concerns the water column or the deep seabed. International law through the 1982 United Nations Convention on the Law of the Sea, the 1992 Convention on Biological Diversity, or subsequent conventions, did not anticipate the development of marine biology and its potential commercial consequences. The legal framework in force channels the exploration and exploitation of classical – mineral, fossil or halieutic fisheries – resources, but left a vagueness regarding the law applicable to marine genetic resources. It was then particularly interesting to guide legal work toward the research and development of marine genetic resources and their legal effects. This was the law PhD thesis of Bleuenn Guilloux, who did not hesitate to enter a multidisciplinary universe, which is certainly fascinating, but very difficult to capture between public international law, scientific research and intellectual property law, life sciences and related advanced technologies. This thesis, defended at the end of 2015, was rewarded in 2016 by the Paris Universities Chancellery-Sorbonne Mariani/Aguirre-Basualdo French national Prize 2016 in Law of the Sea.

In this book, based on the first part of her thesis, Bleuenn Guilloux studies the nature of marine genetic resources as complex objects of use. This high-quality work plunges the reader into a legal universe under construction, where the marine invertebrate or the cyanobacteria become “natural resources” within the meaning of the United Nations Resolution 1803, while they were formerly only objects of scientific investigation for biologists, with no legal status and therefore of free use. The study focuses on the relentless commodification of nature and scientific knowledge which becomes, according to the author, “the cornerstone of the system of exchange and valorization of genetic material of any origin”. This book covers both the marine scientific research regime through the expeditions of the last decade and the legal nature of genetic samples, like that of biological collections or related knowledge. The qualities of a legal expert, as well as the insightful curiosity of the author who has not hesitated to participate in marine biology work and to penetrate the very closed world of biomolecular engineering companies, mean that this high-quality work provides real answers on the nature of life, marine bioprospecting, and the commons thanks to its in-depth analyses and new ideas, but also and mainly with regards to the protection of the extraordinary marine biodiversity at the time of the sixth mass extinction of living species; a life source and a guarantee of survival for humankind.

Jean-Pierre BEURIER
Professor Emeritus

Law Faculty of the University of Nantes