China’s Role of Bioprospecting in Antarctica and Future Prospects

Abstract

The rapid advancement of biotechnology in the late 20th century promoted bioprospecting in Antarctica and has been a regular topic of discussion in the Antarctic Treaty Consultative Meeting (ATCM) since 2002. However, there still needs to be an explicit regulatory framework in the Antarctic Treaty System (ATS). Meanwhile, the Convention on Biological Diversity and the United Nations Convention on the Law of the Sea (UNCLOS) posed competitive governance mandates on regulating bioprospecting in the Antarctic Treaty Area and challenging the legitimacy of ATS. China’s increasing Antarctic presence is also reflected in its bioprospecting activities. However, its enthusiasm for bioprospecting remains inconsistent with its approach towards the ATS through reluctant contribution on regulation. This article will analyze the discussions on bioprospecting in the ATCM as contained within the ACTM meeting documents. Then, this article will analyze how China should actively pursue legitimate bioprospecting interests in the Antarctic from three aspects, which include improving domestic laws and regulations on access to genetic resources and benefit-sharing activities, speedy enactment of Antarctic legislation, and leading the establishment of regulations on Antarctic bioprospecting in the ATCM. It concludes with an outlook on bioprospecting regulation and China’s role in future prospects.