Accreditation as a regulatory option for Antarctic bioprospecting

Abstract

The current lack of a specific policy regime for Antarctic biological prospecting (bioprospecting) has emerged as a focus of recent discussion. Consideration has been given to the interface of the Convention on Biological Diversity (CBD), the United Nations Convention on the Law of the Sea (UNCLOS) and the Antarctic Treaty System (ATS). This paper aims to introduce the potential for industry accreditation to address existing regulatory uncertainty. The Marine Stewardship Council (MSC) accreditation for sustainable fisheries and the accreditation scheme being developed for Antarctic tour operators provide examples of industry accreditation that interplay with the Antarctic Treaty System. Accreditation may provide an avenue for industry to promote legitimate activities, demonstrate willingness to comply with existing principles and established regulations while the perception of being over-regulated is potentially reduced. Accreditation may also serve as an interim solution while more binding measures are developed. While Antarctic bioprospecting accreditation is not without its limitations, it does provide an avenue for the Antarctic Treaty Consultative Parties (ATCPs) to engage industry stakeholders, clarify existing obligations and promote a regulatory initiative in conformity with the principles of the Antarctic Treaty System.