Research Of Legal System Of The Management Of Biological Prospecting In Antarctica

As the last continent, Antarctic, discovered by human, has been haunted in being’s mind. The knowledge and activities done are gradually increasing, which enhance the desire for exploring and using all sorts of Antarctic resources. And importance to the creatures with business value potential has been attached by countries which, consequently, make the chaotic exploration in the name of the scientific studies, and the consequence caused is the conflicts among the actors and the deterioration of ecological environment. However, as to current situation, none of specific legal systems is available to curb these activities. At present, the exploration is bound under the way of the treaty on Antarctic, while, it is neither practical operation with general guidelines, nor the real content of exploration and no standard norm, or the effect taken restrains the activities. On this situation,the text on institution forms a series of special and comprehensive management system on Antarctic exploration.ATCM can be called "benchmark"on the achievement of activities. Through studying the annual meeting,it’s found that the geographic scope is extended,the sorts of creatures is enriched and the application quantity for patent on exploration is gradually increased,meanwhile,the legal system tied to exploration does not increase,accordingly,and states to treaty compete and clash, fiercer than ever before.Thus,aimed at this situation,the text analyses the pros and cons on relevant management system, And comparison made with the Antarctic Biological Exploration System gives the useful reference for management.Text divided into four chapters:Chapter One:Summary to exploration. First, define the exploration. Second, introduce the evolution. Last, dig the key issues.Chapter Two:Analyze the management institution and put forward the problems. Current situation will be stated in four aspects:First, analyze and assess the legal under the international law (Treaty on Antarctic, Convention on Biodiversity and UN Convention on the Law of the Sea). Second, summarize and make a comment on system by foreign counterpart. Third, compare the distinction of institution.Fourth, comb the value orientation held by all the states to the treaty on consultative meeting.Chapter Three:Raise the assumption on structuring the system. First, attention to several questions; Second, the selection. Last, specific content, such as the foud amental purpose, basic principle, basic content, relevant restriction and necessary mechanism.Chapter Four:expound Chinese coping mechanism.First, introduce China’s situation and stance; next, interpret mechanism on exploration issues.