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in the Antarctic, according to the Antarctic Bio-Prospecting Database
(< http://www.bioprospector.org >).
The potential for conflict resides in the uneasy relationship between a key article of the
Antarctic Treaty (relating to freedom of scientific information exchange) and commercial
imperatives. Biological prospecting is profit-driven, even if the research scientists who
conduct it are committed to furthering basic research into biological organisms. If the profit
motive prevails, would concerns regarding commercial sensitivity impair the requirement to
cooperate and exchange information? Does intellectual property rights law further prohibit
free exchange if the Antarctic's genetic resources are subject to further commoditization?
All of this brings to the fore again the sovereignty dilemma. Biological prospecting,
especially if it was tied to substantial revenue generation, would raise concerns about how
access to Antarctica's genetic resources was being regulated or not. Might claimant states
ever be te; font-weight: bold; } @font-face {" aid="Cmpted to try and impose, however
indirectly, further controls on how and who has the authority to biologically prospect in
certain parts of the Antarctic? And should there be any attempt to share any monies
generated by this activity within the ATCPs or wider international community given that the
sovereign status of the Antarctic is unclear?
Protecting Antarctica
Under the terms of the Protocol on Environmental Protection, the Antarctic is designated as
a 'natural reserve, devoted to peace and science'. Article 3 stipulates that:
The protection of the Antarctic environment and dependent and associated ecosystems and
the intrinsic value of Antarctica, including its wilderness and aesthetic values and its value
as an area for the conduct of scientific research, in particular research essential to
understanding the global environment, shall be fundamental considerations in the planning
and conduct of all activities in the Antarctic Treaty area.
The Protocol was intended to be comprehensive even if there is no definition of wilderness
and wilderness values anywhere in the text, which has led to ambiguity and confusion over
what exactly is being protected, and which element of the ATS is best suited to execute
environmental protection.
The Protocol's objective is the 'comprehensive protection of the Antarctic environment and
dependent and associated ecosystems', and parties are urged to consider a precautionary
approach seeking to avoid adverse environmental damage. All activities are subject to
environmental impact assessment (EIA) using a three-tiered approach based on likely
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