Feasibility of the BBNJ Agreement to regulate bioprospecting in the Southern Ocean

Abstract

This paper investigates the potential regulatory frameworks applicable to marine bioprospecting in the Southern Ocean and considers the activity could potentially fall under the purview of both the Antarctic Treaty System and the Biodiversity Beyond National Jurisdiction Agreement. Through a comparative analysis, this paper discerns the overlap of application and divergence in rules between the two regulatory frameworks, particularly concerning the specific provisions for regulating marine bioprospecting. This includes dissecting differences in the rules regulating the procedures for access to marine genetic resources and the associated benefit-sharing mechanisms. By synthesizing the SWOT analysis and strategic analysis, this paper identifies the internal and external factors influencing the application of the BBNJ Agreement to bioprospecting regulation within the Southern Ocean. It concludes that, due to the priority application of ATS and the region`s unique geopolitical context, the BBNJ Agreement may encounter challenges in the direct implementation and governance of marine bioprospecting. The principle of not undermining should be observed to harmonize application with ATS. Meanwhile, the BBNJ Agreement may contribute to a self-revolution of the ATS in regulating marine bioprospecting, particularly in the aspect of mechanisms for equitable benefit-sharing.