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of the Protocol on the precautionary principle 284 (it made it much harder to deny its customary character). 285 On the other hand, as the Ad Hoc Technical Expert Group on Synthetic Biology (to Convention on Biological Diversity) implies, there has been identified the lack of control strategies for engineered gene drives, including those with a greater potential for transboundary movement, as well as the lack of traceability and detectability methods for certain genome edited organisms and products thereof. 286 3.2 The High Sea Treaty The High Sea Treaty (hereinafter also as “HST”) is a brand-new addition to the family of international environmental treaties. Although it has not yet entered into force 287 , it is considered a huge milestone regarding biodiversity protection. It has been said that the Treaty is necessary to fulfill the commitment of the already mentioned Kunming-Montreal Global Biodiversity Framework concerning the protection of 30% of the world’s oceans by 2030. 288 But does it regulate the issue of technology in relation to biodiversity protection? Firstly, we need to look at definitions. Fortunately, HST uses the same definition of biotechnology as the CBD does. But in terms of the technology itself, HST offers a redemption to the definition of technology, and it defines “marine technology” that includes , “inter alia, information, and data, provided in a user-friendly format, on marine sciences and related marine operations and services; manuals, guidelines, criteria, standards, and reference materials; sampling and methodology equipment; observation facilities and equipment for in situ and laboratory observations, analysis and experimentation; computer and computer software, including models and modelling techniques; related biotechnology; and expertise, knowledge, skills, technical, scientific and legal know-how and analytical methods related to the conservation and sustainable use of marine biological diversity.” 289 Previously, we criticized the “technology” definition of CBD for it did not define anything at all, and its meaning had to be interpreted in relation to other provisions of CBD. When it comes to the definition of “marine technology,” it is exactly what the CBD definition of “technology” lacks. HST adequately specifies what falls under the definition of “marine technology.” Of course, it is not exhaustive, but demonstrative enumeration. 284 Emphasis on the principle is a part of the objective of the Protocol. 285 Cosbey A and Burgiel S, ‘The Cartagena Protocol on Biosafety: An Analysis of Results’ ( International Institute for Sustainable Development , 2000), p. 6. 286 Report of the Ad Hoc Technical Expert Group on Synthetic Biology (CBD/SYNBIO/AHTEG/2019/1/3). Montreal, Canada, 4-7 June 2019. 287 „In accordance with article 68(1) agreement shall enter into force 120 days after the date of deposit of the sixtieth instrument of ratification, approval, acceptance or accession“. 288 Alberts EC, ‘Seventy-plus nations sign historic high seas treaty, paving way for ratification’ ( Mongabay , 22 September 2023) accessed 2 November 2023. 289 Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction, 19 June 2023. (A/ CONF.232/2023/4*), New York (2023).

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