Vital for Antarctica to have activity law

Boom in research and tourism requires rules that focus on individuals, says expert

BEIJING: A leading Chinese expert on international maritime law has called for the acceleration of legislation on booming Chinese activities in Antarctica.

China has been making great efforts to produce legislation relating to Antarctica, with academic research dating to at least 1993 and government sponsored studies dating to 1998, according to Zhang Haiwen, director of the China Institute for Marine Affairs and a top political adviser.

A draft law has been listed on the State legislature’s agenda since late last year, while the State Oceanic Administration, the central government body overseeing Antarctic issues, has drafted three departmental rules to regulate China’s activities in the continent.

The latest of the rules, the Environmental Protection Regulation on Activities in Antarctica, was issued in February, said Zhang, who is a member of the 13th National Committee of Chinese People’s Political Consultative Conference.

“With these rules, the State Oceanic Administration has been organising activities in the southernmost continent in strict accordance with the Antarctic Treaty and the Protocol on Environmental Protection of the Antarctic Treaty, which provides comprehensive protection for the Antarctic environment,” she said.

Yet the increase in Chinese activities on the continent, including scientific research and tourism, made it necessary to make an immediate step forward in drafting a law, considering the shortcomings of the rules, she said.

It’s impossible to impose sanctions on individuals with these rules, though they have specific clauses about what people cannot do. Zhang Haiwen

Last year, the number of Chinese tourists to the continent grew to almost 5,300, from barely 100 in 2005.

Tourists are usually sent to a third country like Chile before joining trips organised by foreign travel agencies.

With the boom in activities, the shortcomings of the current Chinese rules on Antarctica have been more obvious.

“As departmental rules, they can regulate only institutes instead of individuals,” Zhang said.

“It’s impossible to impose sanctions on individuals with these rules, though they have specific clauses about what people cannot do.”

A law with specific criminal and civil liabilities is needed to keep visitors from unlawful actions, which may also damage the environment, she said.