On 19 June 2023,the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction(BBNJ Agreement)was a...On 19 June 2023,the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction(BBNJ Agreement)was adopted.The BBNJ Agreement aims to regulate the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction,including the high seas and the international seabed area.The BBNJ Agreement enters into an already crowded institutional landscape as a global authority with broad objectives,inevitably interacting with existing institutions,frameworks,and bodies(IFBs).Existing research has primarily focused on two areas:the first examines the impact of the institutions established by the BBNJ Agreement on existing marine governance IFBs;the second explores its influence on issues currently lacking institutional arrangements.However,comparatively little attention has been given to the Agreement’s potential impact on governance gaps within established systems.This paper takes the case of marine genetic resource(MGRs)management in the Antarctic Treaty Area to explore how the BBNJ Agreement may address regulatory gaps in a competent governance framework.Due to shortcomings in addressing core issues,concerning the legal status of MGRs access regulations,benefit-sharing mechanisms,and disclosure of origin,the Agreement is unlikely to have a significant impact on the governance of MGRs in the Antarctic Treaty System(ATS)in the short term.On the other hand,the ATS,as an effective governance framework for the Antarctic Treaty Area,has mature regulations and practical experience in Antarctic governance.Over the years,the ATS has focused on regulating bioprospecting activities as scientific research ones and strict environmental impact assessment procedures.However,there has not been an effective consensus on the regulation of commercial biological prospecting.This paper further explores the coordination issue between the BBNJ Agreement and the ATS,suggesting that in the future,MGRs governance in the Antarctic Treaty Area may evolve into a polycentric governance system.展开更多
跨国公司与当地政府关系(Multinational Corporation-Host Government Relations,简称MGR)已成为跨国公司进行海外投资决策时所考虑的一项战略问题。地方政府在开展对外招商,尤其是在当前全球金融危机的严峻形势下,加大对跨国公司的招...跨国公司与当地政府关系(Multinational Corporation-Host Government Relations,简称MGR)已成为跨国公司进行海外投资决策时所考虑的一项战略问题。地方政府在开展对外招商,尤其是在当前全球金融危机的严峻形势下,加大对跨国公司的招商工作力度时应充分考虑到MGR的重要性,通过跨国公司从事MGR的部门(通常是政府事务部或对外联络部)与这些公司建立良好的沟通渠道,争取对跨国公司招商工作的"事半功倍"效应。同时,地方政府应加强政府主动的公关活动,借助国际知名公关公司的专业包装和策划,提高当地在国际上的良好公关形象。展开更多
基金funded by China Arctic and Antarctic Administration(Contract no.JDB2024060701014).
文摘On 19 June 2023,the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction(BBNJ Agreement)was adopted.The BBNJ Agreement aims to regulate the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction,including the high seas and the international seabed area.The BBNJ Agreement enters into an already crowded institutional landscape as a global authority with broad objectives,inevitably interacting with existing institutions,frameworks,and bodies(IFBs).Existing research has primarily focused on two areas:the first examines the impact of the institutions established by the BBNJ Agreement on existing marine governance IFBs;the second explores its influence on issues currently lacking institutional arrangements.However,comparatively little attention has been given to the Agreement’s potential impact on governance gaps within established systems.This paper takes the case of marine genetic resource(MGRs)management in the Antarctic Treaty Area to explore how the BBNJ Agreement may address regulatory gaps in a competent governance framework.Due to shortcomings in addressing core issues,concerning the legal status of MGRs access regulations,benefit-sharing mechanisms,and disclosure of origin,the Agreement is unlikely to have a significant impact on the governance of MGRs in the Antarctic Treaty System(ATS)in the short term.On the other hand,the ATS,as an effective governance framework for the Antarctic Treaty Area,has mature regulations and practical experience in Antarctic governance.Over the years,the ATS has focused on regulating bioprospecting activities as scientific research ones and strict environmental impact assessment procedures.However,there has not been an effective consensus on the regulation of commercial biological prospecting.This paper further explores the coordination issue between the BBNJ Agreement and the ATS,suggesting that in the future,MGRs governance in the Antarctic Treaty Area may evolve into a polycentric governance system.
文摘跨国公司与当地政府关系(Multinational Corporation-Host Government Relations,简称MGR)已成为跨国公司进行海外投资决策时所考虑的一项战略问题。地方政府在开展对外招商,尤其是在当前全球金融危机的严峻形势下,加大对跨国公司的招商工作力度时应充分考虑到MGR的重要性,通过跨国公司从事MGR的部门(通常是政府事务部或对外联络部)与这些公司建立良好的沟通渠道,争取对跨国公司招商工作的"事半功倍"效应。同时,地方政府应加强政府主动的公关活动,借助国际知名公关公司的专业包装和策划,提高当地在国际上的良好公关形象。