The marine biology of law and human health

Appleby, Thomas; Kinsey, Susan; Wheeler, Benedict; Cunningham, Emma

Abstract

© Marine Biological Association of the United Kingdom 2015. This review uses a multidisciplinary approach to investigate legal issues concerning the oceans and human health. It firstly seeks to define the boundaries of oceans and human health research. We use three case studies as examples: biomedical research, marine litter and human well-being. Biomedical research raises complex issues relating to coastal states' sovereign rights to exploit their marine resources and the patenting processes. Coastal states have differing degrees of control over research at sea. There are differences in EU and US law over the status of genetic discoveries, with the US having stricter criteria to qualify for patent protection. International law sets the standard for bioprospecting in developing countries under the Nagoya Protocol. The cost and complexity of marine biomedical research mean that it cannot be left to commercial exploration and needs some public funding. The second case study highlights the rise in marine plastics pollution using Marine Conservation Society beachwatch data. It details the need to alter product design to avoid marine pollution and records an unsuccessful attempt by academics and an NGO to make contact with the manufacturers of one polluting product. It also introduces the concept that faulty design could amount to a public nuisance. The third case study highlights the potential health benefits from access to the coast and the statutory responsibility which sits with the US and UK authorities in the provision of well-being. It posits that there needs to be greater inter-agency coordination to promote access to the coast for human well-being.

Citation

Appleby, T., Kinsey, S., Wheeler, B., & Cunningham, E. (2016). The marine biology of law and human health. Journal of the Marine Biological Association of the UK, 96(1), 19-27. https://doi.org/10.1017/S0025315415000909

• Journal Article Type: Article
• Acceptance Date: Feb 1, 2016
• Online Publication Date: Jun 29, 2015
• Publication Date: Jan 1, 2016
• Deposit Date: Jul 7, 2015
• Publicly Available Date: Dec 29, 2016
• Journal: Journal of the Marine Biological Association of the United Kingdom
• Print ISSN: 0025-3154
• Electronic ISSN: 1469-7769
• Publisher: Cambridge University Press (CUP)
• Peer Reviewed: Peer Reviewed
• Volume: 96
• Issue: 1
• Pages: 19-27
• DOI: https://doi.org/10.1017/S0025315415000909
• Keywords: law, conservation, well-being, oceans, human health, biopiracy, bioprospecting, patent, litter
• Public URL: https://uwe-repository.worktribe.com/output/910547
• Publisher URL: http://dx.doi.org/10.1017/S0025315415000909
• Additional Information: Additional Information : This article has been published in a revised form in Journal of the Marine Biological Association of the UK [http://dx.doi.org/10.1017/S0025315415000909]. This version is free to view and download for private research and study only. Not for re-distribution, re-sale or use in derivative works. © Cambridge