深海底生物多样性与基因资源管理问题

MANAGEMENT OF BIOLOGICAL DIVERSITY AND GENETIC RESOURCES IN THE DEEP SEABED BEYOND NATIONAL JURISDICTION

20世纪海洋科学重大成果之一是伴随着深海科学研究、技术发展及海底矿产资源的勘查进程,发现并明确了深海底极端环境下的生物多样性。深海底生物多样性和基因资源管理问题已引起国际社会的广泛关注,也促使国际海底管理局①对正在制定的多金属硫化物和富钴结壳勘探规章提出更为严格的环境监测和评价的要求。介绍了深海底环境及人类可能影响这一环境的有关活动;现有国际法律的适用性和国际社会正在采取的措施;我国应对的有关政策与措施。

One of the most significant discoveries in marine science during the last century was the determination of biological diversity in the deep seabed. The current knowledge on biodiversity in deep seabed is limited, but has revealed that the mineral resources and the biodiversity co-exist in the same environment. Biological components and diversity may vary in the deep sea basin, the mid-ocean ridges and the seamounts where the polymetallic nodule, the hydrothermal polymetallic sulphide and the cobalt-rich crust have been found respectively. Because the current and foreseen human activities may cause harmful impacts on the environment, as well as the potential conflicts over the utilization of the genetic resources, management of biodiversity and genetic resources in deep seabed beyond national jurisdiction has drawn an increasing attention of the international community. While a new legal regime governing human activities in the said areas may be necessary, the dominating principle, either 'high sea freedom' or 'common heritage of mankind' is under debate. In spite of this, reaching an agreement on implementing relevant parts of conventions on the Law of the Sea and on Biological Diversity may offer a realistic solution. As creating an acceptable new treaty is time consuming, collaboration and coordination among inter and/or non governmental organizations is very important at current stage, in adopting the relevant principles, rules, regulations and procedures in the said conventions. A code of conduct, being developed and carried out in the international community of scientists is practical and may be used as foundation for the development of legal regime and management mechanism. While the International Seabed Authority itself has been playing an active role in managing biodiversity in deep seabed beyond national jurisdiction, all these concerns and efforts may inspire it to establish more strict rules on activities in prospecting and exploration for the polymetallic sulphide and cobalt-rich crust. In conclusion, the author has made some proposals on this issue for the policy-makers as well as the scientific community in China.