What is the significance of the promulgation of my country’s Antarctic Activities and Environmental Protection Law on international Antarctic governance?

The 25th Session of the Standing Committee of the 14th National People's Congress voted today (6th) to pass the "Antarctic Activities and Environmental Protection Law of the People's Republic of China", which will come into effect on January 1 next year. The passage of this law is a concrete manifestation of my country's strict compliance with and effective implementation of the Antarctic Treaty, the cornerstone of international Antarctic governance. Externally, it is a contract fulfillment law, and internally, it comprehensively and systematically elevates my country's practical experience in Antarctic work into law, so that all types of Antarctic activities have laws to follow.

Antarctica, as the purest continent on earth, is a window to touch the pulse of global climate and the intersection of the "past" and "future" of the earth's ecology. With the leapfrog development of my country's domestically produced large cruise ship construction technology and the gradual rise of cruise tourism, going to Antarctica has become a "lifetime trip" that many people dream of. What specific aspects does this law provide? What impact will it have on Antarctic tourism? What does it mean for international Antarctic governance? China Voice reporter Wang Zehua conducted an exclusive interview with core experts in the field of legal legislation and research.

Liu Huirong, director of the Polar Research Center of Ocean University of China and professor of law school, said that Antarctica is a cold source and cold storage for the earth, and an important regulator of global climate change. It is also known as the last piece of pure land on earth that has not been developed on a large scale.

As Liu Huirong said, Antarctica is extremely important to all mankind, which also determines the complexity and sensitivity of Antarctic governance. So, how to manage such a pure land? In December 1959, 12 countries including Argentina, Australia, and Belgium jointly signed the Antarctic Treaty, which became the legal basis for international Antarctic governance that continues to this day. According to the Antarctic Treaty, Antarctica should be used only for peaceful purposes, countries' claims to sovereignty over Antarctica are frozen, and international cooperation in Antarctic scientific expeditions should be promoted. Liu Huirong introduced that in 1985, my country became a consultative country of the Antarctic Treaty and has the right to participate in decision-making on Antarctic affairs. Among the 29 consultative countries of the Antarctic Treaty, most countries have enacted laws related to Antarctica at the national level; and the passage of this law has filled my country's gaps in this field.

Liu Huirong: To the outside world, this legislation is a basic framework for our implementation of the treaty. It is a law on implementation of the treaty. It is an important highlight of China's foreign-related legal rule. It fills the gap that we, as a negotiating country of the Antarctic Treaty, do not have domestic Antarctic legislation. Internally, this law is called the Antarctic Activities and Environmental Protection Law. It is the basic law that regulates my country's various Antarctic activities and comprehensively and systematically regulates my country's Antarctic undertakings.

Accelerating domestic legislation is not only a need to fulfill treaty obligations, but also a strategic requirement to deeply participate in international Antarctic governance. In fact, as early as 2017, my country proposed to include Antarctic legislation in the legislative plan of the Standing Committee of the National People's Congress. So, compared with other countries, what are the highlights of this law in our country? Liu Huirong said that my country’s profound considerations in international Antarctic governance can be seen from both the principle provisions and some modifications made in this third review draft:

In the General Principles, we have declared China's propositions and positions in Antarctic governance, and clearly adhere to my country's global governance initiatives, adhere to sovereign equality, abide by international rule of law, and practice multilateralism. This is different from some countries that excessively import their own security interests into the global governance field in Antarctic affairs and use unilateralism to counter multilateralism.

The legislation stipulates encouraging green and low-carbon methods to carry out Antarctic activities, supporting energy conservation and carbon reduction, pollution prevention and control technologies and equipment, and promoting the application of clean energy. This is also an innovation that distinguishes China from other countries.

The third review draft clearly stated that the country should establish and improve the Antarctic expedition system, and should coordinate the direction of Antarctic scientific research, and support scientific research institutions, universities, and social organizations to carry out Antarctic expeditions and scientific activities in an orderly manner in accordance with the law. This also reflects the needs of the times since the Antarctic expedition was launched in the 1980s and the development of our country's Antarctic undertakings to today.

On the day this law was passed, my country's second domestically produced large-scale cruise ship "Aida Huacheng" was delivered. In recent years, with the rise of cruise tourism, going to Antarctica has become the "trip of a lifetime" that many people dream of. According to data from the International Association of Antarctic Tour Operators, in the mid-1990s, the number of tourists to Antarctica was about 8,000 per year; and by the Antarctic tourism season from 2023 to 2024, more than 120,000 people have gone to Antarctica. The number of Chinese tourists visiting Antarctica has also grown rapidly, and it has become one of the main source countries of tourists visiting Antarctica.

Liu Huirong said that as people's incomes increase and their expectations for high-end and extreme tourism increase, it is necessary to pass legislation to regulate various Antarctic activities, protect the Antarctic environment, and practice the basic spirit of the Antarctic Treaty. China's natural persons, legal entities and unincorporated organizations, including foreigners, must be uniformly regulated as long as they depart from China. Through legislation, there are clear regulations for travel agencies, operators, and tourists. For example, wild animals cannot be disturbed, garbage cannot be left behind, and relics cannot be touched. The third draft also strengthened the protection of Antarctic historical sites or monuments, and imposed fines of 100,000 to 300,000 for serious cases. Over the years, many tourists have wanted to visit our scientific research stations, which may have caused some nuisance to scientific research activities. This law also has requirements on how to comply with the management regulations of scientific research stations. They must obtain consent to allow Antarctic tourism activities to develop in an orderly manner within the bottom line of environmental protection. China has become the second largest source of tourists for Antarctic tourism and may develop even more rapidly in the future. This law is very timely in regulating Antarctic tourism activities.

Antarctica is a natural laboratory frozen at the end of the earth. It is a scientific temple for questioning the past of the planet and predicting the future of climate. Over the past 40 years, our country has organized 42 Antarctic scientific expeditions and built 5 Antarctic research stations. The 43rd Antarctic expedition is about to depart, becoming an indispensable force in international Antarctic research.

Liu Huirong said that throughout this law, many experiences summed up in my country's past Antarctic expeditions are also reflected in it. For example, in the third draft review, the system for collecting samples and data from Antarctic expedition activities was improved. This system is also included in the regulations of the Ministry of Natural Resources on scientific expeditions. After the scientific expedition activities are completed, the Antarctic samples and data collected should be submitted to the polar authorities within a certain period of time. This is also the wealth of our Antarctic scientific expeditions and ensures the sustainable development of Antarctic scientific expeditions. This time, it has been clearly stipulated in the form of National People's Congress legislation, and the relevant legal responsibilities for violating this obligation have also been clarified.

As a core expert in the field of Antarctic legislation and research, Liu Huirong has been paying attention to the cutting-edge pulse of this field for more than ten years. She said that freezing sovereignty and peaceful use are the basic core of the Antarctic Treaty. The passing of the Antarctic Activities and Environmental Protection Law is a vivid manifestation of my country's abiding by the basic obligations established by the Antarctic Treaty and demonstrating the responsibility of a major power. It is China's solution to the global balance between Antarctic scientific exploration, rational utilization and environmental protection, and to promote good governance in Antarctica at a time when the international situation is changing rapidly.

Liu Huirong: Antarctic governance should adhere to the Antarctic Treaty system as the core, and should uphold the Antarctic governance concept of multilateral and consultative, prioritizing environmental protection, peaceful use, and taking into account the common interests of all mankind. Antarctica does not belong to any country and cannot be dominated by geopolitical games and unilateralism. The ecological environment of Antarctica is particularly fragile. Its future essentially depends on whether humans can maintain their activities in Antarctica. We need to balance the relationship between scientific exploration, rational utilization and environmental protection. After this law is implemented, it will convey a multilateralism proposition to the international community, strengthen our confidence in participating in Antarctic governance, better protect Antarctica while understanding Antarctica, promote the development of Antarctic governance along the core principle of peaceful use established in the Antarctic Treaty, and contribute China's strength to the promotion of good governance in Antarctica.