China’s draft legislation on Antarctica: Legal and institutional clarification and environmental protection
Lekshmi MK
On 23 December, the South China Morning Post reported on China's proposed draft legislation titled “Antarctic Activities and Environmental Protection Law,” which aimed at regulating activities and strengthening environmental protection in Antarctica. This move reflected the country’s intention to play a more active role in Antarctic governance. The draft was submitted for first reading to the Standing Committee of the National People’s Congress (NPC). The draft law consists of seven chapters and 57 articles and focuses on managing Antarctic activities in line with international obligations.
According to Lu Xinshe, head of the NPC Environmental Protection and Resources Conservation Committee, Antarctica is the only continent without clearly defined sovereignty and is primarily governed through international mechanisms such as the Antarctic Treaty Consultative Meeting. He noted that international governance of the continent depends on countries’ capabilities in conducting Antarctic activities and shaping legal norms. Most consultative parties to the Antarctic Treaty have enacted domestic laws related to Antarctic affairs, and the draft law is intended to clarify China’s policy positions and institutional framework in this domain.
China has been engaged in Antarctic scientific research for more than forty years and has developed a research station network in the Antarctic Peninsula, East Antarctic coast, East Antarctic interior, inland traverse regions, and the Ross Sea region. The draft law reflects this growing involvement and seeks to provide a legal basis for China’s Antarctic activities. It incorporates principles such as peaceful use, environmental protection, resource conservation, scientific research, technological support, and international cooperation. Mechanisms for preapproval, supervision, and post-incident accountability.
The draft sets out specific rules governing expeditions, fisheries, tourism, and shipping. It applies not only to Chinese citizens conducting Antarctic activities but also to foreign individuals who organise Antarctic activities within China’s jurisdiction or depart from China for Antarctic expeditions. The law prohibits military-related activities except for scientific or other peaceful purposes and bans mineral resource exploitation, except for scientific research.
Environmental protection forms a central component of the draft. It establishes requirements for environmental impact assessments, emergency environmental responses, and detailed measures for protecting flora and fauna, managing waste, preventing marine pollution, and preserving historical sites. The draft also addresses the regulation of Antarctic tourism, citing risks associated with ecosystem damage, pollution, and invasive species due to rising tourist numbers. Overall, the proposed legislation seeks to ensure coordinated oversight and management of Antarctic activities and emphasises China’s commitment to the peaceful use and protection of the Antarctic continent.
Liu Zhen, "China drafts Antarctica activities and environment law to protect national interests," South China Morning Post, 23 December 2025
https://www.scmp.com/news/china/diplomacy/article/3337407/china-drafts-law-activities-and-environment-protection-antarctica
Li Menghan, “China plans to play a bigger role in Antarctic governance,” China Daily, 23 December 2025
https://www.chinadaily.com.cn/a/202512/23/WS6949d1f2a310d6866eb2fe9c.html
