Biodiv Sci ›› 2024, Vol. 32 ›› Issue (5): 23412.  DOI: 10.17520/biods.2023412

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Summary of amendments to India’s Biological Diversity Act and enlightenments for improving China’s legal system of biodiversity conservation

Biyu Ma*   

  1. Law school of Yunnan University, Yunnan Kunming, 650500
  • Received:2023-10-31 Revised:2023-12-15 Online:2024-05-20 Published:2024-01-16
  • Contact: biyu Ma

Abstract:

Aims: In improving the legal framework for biodiversity conservation, China should pay attention to studying the governance experiences of other countries, absorb contents suitable to China’s conditions, and avoid repeating the mistakes of others.

Methods: This article utilizes a historical and comparative analysis framework to extract insights and lessons from India's legislative and legal amendment procedures. Furthermore, it provides recommendations for improving China's biodiversity legislation.

Results: In August 2023, India introduced its first amendment to the Biodiversity Act with the aim of promoting the commercial use of biological resources. This was achieved by streamlining the application procedures within the traditional medical industry, enhancing the patent application process related to biological resources, and decriminalizing infringements of this legal framework. These experiences would be applied in the development of legal system of biodiversity conservation in China.

Conclusion: Drawing on India's legislative experience, China should implement systemic, coordinated mechanisms for biodiversity conservation that balance protection, sustainability, and profit sharing.  Furthermore, China should endeavor to refine the regulatory framework pertaining to criminal sanctions associated with actions that lead to the destruction of biodiversity.

Key words: India, biodiversity, governance by law, amendments