Convention on the Regulation of Antarctic Mineral Resource Activities: a major addition to the Antarctic Treaty System

Polar Record ◽  
1989 ◽  
Vol 25 (152) ◽  
pp. 19-32 ◽  
Author(s):  
Peter J. Beck
Keyword(s):  
Mineral Resource ◽  
New Zealand ◽  
Future Development ◽  
Political Development ◽  
Significant Development ◽  
Antarctic Treaty ◽  
Key Terms ◽  
The Antarctic ◽  
Antarctic Environment ◽  
Antarctic Treaty System

AbstractIn June 1988, at the final session of the Fourth Special Antarctic Treaty Consultative Meeting in Wellington, New Zealand, the Convention on the Regulation of Antarctic Mineral Resource Activities (CRAMRA) was adopted, bringing to a successful conclusion six years of negotiations. Christopher Beeby, chairman of the discussions, presented the convention as the most important political development affecting Antarctica since the 1959 treaty, especially as it established the ability of the Antarctic Treaty System to reach an internal accommodation even upon matters raising serious political, legal, environmental and other issues. There remain uncertainties regarding the future development of the Antarctic minerals question; for example, when will the minerals convention and the proposed institutional framework come into effect, will its ratification encourage mining, can the fragile Antarctic environment be adequately protected against mining, how will certain key terms and concepts be defined, and will the regime's operation bring latent tensions to the surface? It is also difficult to predict how other governments will react to the convention, in the light of recent UN resolutions on Antarctica. The convention is perceived within the Antarctic Treaty system as a significant development, but it will be some time before a considered evaluation of the Antarctic Minerals Regime can be conducted.

Politics, Diplomacy, and the Creation of Antarctic Consensus

2018 ◽  
Vol 9 (1) ◽  
pp. 243-261
Author(s):  
Andrew Jackson
Keyword(s):  
Mineral Resource ◽  
Primary Mechanism ◽  
Antarctic Treaty ◽  
The Creation ◽  
Environmental Measures ◽  
New Research ◽  
The Antarctic ◽  
Unanimous Agreement ◽  
Antarctic Treaty System

This paper examines the operation of consensus within the Antarctic Treaty System, examining its role as the primary mechanism for achieving important decisions affecting Antarctic governance. It points out that consensus does not equal unanimous agreement, but it does rely on the absence of formal objection. As an example, the paper focuses on the shift from the 1988 Antarctic minerals convention (which regulated possible mineral resource activities) to the 1991 environmental protocol (which prohibited such activities and put in place comprehensive environmental measures). The events and processes associated with this short but important period in Antarctic history are examined to present a picture of the complexity of factors that can influence the achievement of consensus. The paper draws on new research sources, made possible by the recent release of government archives relating to the events discussed. It thus complements existing analyses which relied on the limited publicly accessible records of the inner workings of Treaty meetings and the diplomatic interactions of Treaty Parties. It concludes by pointing to the ongoing importance of consensus as the Treaty System continues to grow.

Focussing an Antarctic research programme: the Australian experience

Polar Record ◽  
1992 ◽  
Vol 28 (164) ◽  
pp. 51-56 ◽  
Author(s):  
Bruce W. Davis
Keyword(s):  
Environmental Management ◽  
Research Programme ◽  
Community Interest ◽  
Antarctic Research ◽  
Antarctic Treaty ◽  
Australian Experience ◽  
Maturity Management ◽  
The Antarctic ◽  
Antarctic Environment ◽  
Antarctic Treaty System

AbstractThis paper illustrates the manner in which inceased political and community interest in Antarctica is shifting the focus of Australian Antarctic research towards environmental management, creating tensions amongst bureaucrats and scientists as to programme priorities and funding allocations, and argues the existence of three distinct eras, each with particular chacteristics and orientation, but all reflecting political and scientific perspectives about Antarctic at the relevant time: (a) idosyncratic individualism in the ‘heroic age’ of Antarctic exploration 1890–1945; (b) hydra-headed science programmes within the Antarctic Treaty system 1945–1959–1990; and (c) prospective maturity management of the Antarctic environment in the post-CRAMRA era, 1990 onwards.

New Trends in the Protection of the Antarctic Environment: The 1991 Madrid Protocol

1992 ◽  
Vol 86 (2) ◽  
pp. 377-399 ◽  
Author(s):  
S. K. N. Blay
Keyword(s):  
Mineral Resource ◽  
Environmental Protection ◽  
International Protection ◽  
Antarctic Treaty ◽  
The Antarctic ◽  
Antarctic Environment

In June 1991, the Antarctic Treaty states, meeting in Madrid, Spain, approved the Protocol on Environmental Protection to the Antarctic Treaty (the Madrid Protocol). The Protocol was adopted by the Antarctic Treaty Consultative Parties and opened for signature on October 4, 1991. Negotiated over a three-year period, the Protocol, together with its annexes, is the most comprehensive multilateral document ever adopted on the international protection of the environment. It promises to be a significant blueprint for preserving the Antarctic. An ironic feature of the Protocol is that, while it bans mining in Antarctica, it had its origins in the 1988 Convention for the Regulation of Antarctic Mineral Resource Activities (CRAMRA), which permitted mining.

The practicalities of domestic legislation to prohibit mining activity in Antarctica: a comment on the Australian perspective

Polar Record ◽  
1994 ◽  
Vol 30 (172) ◽  
pp. 23-32 ◽  
Author(s):  
Sam Blay ◽  
Julia Green
Keyword(s):  
Mineral Resource ◽  
Human Activity ◽  
Mining Activity ◽  
Major Step ◽  
Domestic Legislation ◽  
Antarctic Treaty ◽  
General Objection ◽  
The Antarctic ◽  
Domestic Law ◽  
Antarctic Environment

AbstractAfter its rejection of the Minerals Convention adopted by the Antarctic Treaty Consultative Parties (ATCPs) in 1988, Australia took a major step in its domestic law by enacting the Antarctic Mining Prohibition Act of 1991 (AMPA), to reinforce its general objection to mineral resource activities in Antarctica and its commitment to the protection ofthe Antarctic environment. With the adoption of the Protocol on Environmental Protectionto the Antarctic Treaty (the Madrid Protocol) – which required the parties to take steps to implement its provisions, including the enactment of domestic legislation – Australia enacted the Antarctic Treaty (Environmental Protection) Act (ATEPA). The ATEPA is meant to replace the AMPA once the Madrid Protocol comes into force. The Protocol bans mineral resource activities in Antarctica and adopts a comprehensive regime toregulate all human activity in Antarctica in an effort to protect the region's environment. As legislation to implement the Protocol, the principal objectives of the ATEPAare to prohibit mineral resource activities in the Australian Antarctic Territory and toregulate all human activity that may have a direct impact on the environment in the area. It also prohibits Australian nationals from engaging in mineral resource activities elsewhere in Antarctica. Like Australia, a number of ATCPs have either adopted legislationor are developing legislation in their domestic legal systems to implement the Protocol.It is one thing for the Protocol to demand the adoption of domestic legislation to ensure compliance with its provisions, including the ban on mining; it is quite another thingto develop effective domestic legislation on the issue. Given the absence of any knowncommercially exploitable deposits of minerals in Antarctica, the likelihood of any mineralresource activity in the region is very remote. But should mining activity occur in Antarctica in breach of the Protocol, the enforcement of the ban could be fraught with practical, legal, and policy difficulties. This paper examines the domestic legislative efforts by Australia as a leading ATCP to ban mining activity in Antarctica. Even though the discussion focuses on Australia by examining its legislation, the problems and the issues raised in the Australian context are also relevant to other ATCPs generally and to claimants in particular.

How Cautious is Precautious?: Antarctic Tourism and the Precautionary Principle

2001 ◽  
Vol 50 (4) ◽  
pp. 963-971 ◽  
Author(s):  
Shirley V. Scott
Keyword(s):  
Precautionary Principle ◽  
Environmental Issues ◽  
Principal Factor ◽  
The Precautionary Principle ◽  
Antarctic Treaty ◽  
Scientific Laboratory ◽  
Global Concern ◽  
The Antarctic ◽  
Antarctic Environment ◽  
Antarctic Treaty System

Literature on the Antarctic Treaty System (ATS), particularly that written by citizens of States that are Consultative Parties to the Antarctic Treaty, has often been celebratory in character. The ATS, we have been told, is a model of international co-operation. The regime has prided itself on addressing issues ahead of crisis situations; and, since the conclusion, and subsequent entry into force, of the Environmental Protocol, with its protection of the Antarctic environment. This acclaim of the system that manages Antarctic affairs may be to a large extent warranted. Antarctica has remained peaceful and its value as a scientific laboratory has in recent years been enhanced through the contribution of Antarctic science to understanding environmental issues of global concern. But the environmental credentials of the Treaty System will be immeasurably weakened if it continues to display such a huge anomaly between its treatment of mining and that of tourism. Tourism is covered by only a very weak application of the precautionary principle while the application of the precautionary principle to the issue of mining has been ‘extreme’. The principal factor behind this anomaly appears to be political opportunism.

The Consequences of the ICJ Decision in the Whaling Case for Antarctica and the Antarctic Treaty System

2015 ◽  
Vol 7 (1) ◽  
pp. 168-187
Author(s):  
Michael Johnson
Keyword(s):  
Decision Making ◽  
New Zealand ◽  
International Convention ◽  
International Court ◽  
Legal Context ◽  
Treaty Body ◽  
The Icj ◽  
Antarctic Treaty ◽  
The Antarctic ◽  
Antarctic Treaty System

This paper identifies parts of the International Court of Justice’s judgment in Whaling in the Antarctic (Australia v. Japan: New Zealand intervening) that might hold broader relevance beyond the International Convention for the Regulation of Whaling, and explores what that might entail for the Antarctic Treaty System. There are four aspects explored. First, an analysis of the Court’s treatment of Japan’s challenge to jurisdiction that touched upon the relevance or otherwise of Antarctic sovereignty to the issues at hand in the case. Second, the Court’s drawing of important conclusions from the Whaling Convention’s status as an ‘evolving instrument’, in light of it having a treaty body with ongoing decision making responsibility will be discussed. Third, to what extent might the Court’s assessment of the concept of ‘science’ in a legal context find relevance in Antarctic obligations will be analysed. Finally, the success of the claim brought by Australia, and the manner in which the Court addressed the issues before it, and whether they bear any consequences for potential, future environmental cases, will be discussed.

scholarly journals Impacts of local human activities on the Antarctic environment

2008 ◽  
Vol 21 (1) ◽  
pp. 3-33 ◽  
Author(s):  
T. Tin ◽  
Z.L. Fleming ◽  
K.A. Hughes ◽  
D.G. Ainley ◽  
P. Convey ◽  
...  
Keyword(s):  
Human Activities ◽  
Management Practices ◽  
Mitigation Measures ◽  
Indigenous Species ◽  
Chemical Contamination ◽  
Wide Range ◽  
Antarctic Treaty ◽  
The Antarctic ◽  
Antarctic Environment ◽  
Antarctic Treaty System

AbstractWe review the scientific literature, especially from the past decade, on the impacts of human activities on the Antarctic environment. A range of impacts has been identified at a variety of spatial and temporal scales. Chemical contamination and sewage disposal on the continent have been found to be long-lived. Contemporary sewage management practices at many coastal stations are insufficient to prevent local contamination but no introduction of non-indigenous organisms through this route has yet been demonstrated. Human activities, particularly construction and transport, have led to disturbances of flora and fauna. A small number of non-indigenous plant and animal species has become established, mostly on the northern Antarctic Peninsula and southern archipelagos of the Scotia Arc. There is little indication of recovery of overexploited fish stocks, and ramifications of fishing activity on bycatch species and the ecosystem could also be far-reaching. The Antarctic Treaty System and its instruments, in particular the Convention for the Conservation of Antarctic Marine Living Resources and the Environmental Protocol, provide a framework within which management of human activities take place. In the face of the continuing expansion of human activities in Antarctica, a more effective implementation of a wide range of measures is essential, in order to ensure comprehensive protection of the Antarctic environment, including its intrinsic, wilderness and scientific values which remains a fundamental principle of the Antarctic Treaty System. These measures include effective environmental impact assessments, long-term monitoring, mitigation measures for non-indigenous species, ecosystem-based management of living resources, and increased regulation of National Antarctic Programmes and tourism activities.

An Overview of the Antarctic Treaty System and Applicable New Zealand Law

2021 ◽  
Vol 12 (1) ◽  
pp. 87-107
Author(s):  
Trevor Daya-Winterbottom
Keyword(s):  
New Zealand ◽  
Future Prospects ◽  
International Treaty ◽  
Look Back ◽  
The Future ◽  
Antarctic Treaty ◽  
The Antarctic ◽  
Ross Dependency ◽  
Antarctic Treaty System

The Antarctic Treaty 1959 has now been in place for 60 years and is regarded by informed commentators as one of the most successful multi-party international treaty systems. This paper provides an opportunity to look back and take stock of previous success, and more importantly, an opportunity to assess the future prospects of the treaty system. New Zealand has played a key role in the Antarctic Treaty system and has had a long involvement with Antarctica since accepting the transfer of sovereignty over the Ross Dependency in 1923. This paper therefore focuses on the effectiveness of the Antarctic Treaty system through a New Zealand lens.

scholarly journals Australia and the Convention for the Regulation of Antarctic Mineral Resource Activities (CRAMRA)

Polar Record ◽  
1990 ◽  
Vol 26 (158) ◽  
pp. 195-202 ◽  
Author(s):  
S. K. N. Blay ◽  
B. M. Tsamenyi
Keyword(s):  
Mineral Resource ◽  
The Future ◽  
Antarctic Treaty ◽  
The Antarctic ◽  
Antarctic Treaty System

AbstractAustralia, a leading Antarctic state that played a key role in negotiating the Convention for the Regulation of Antarctic Mineral Resource Activities, in May 1989 announced its opposition to the Convention and adoption instead of a World Park or Wilderness Reserve concept for Antarctica. This article examines possible environmental and economic reasons for Australia's attitude, which is likely to have significant implications for the future of the Convention and for the Antarctic Treaty System as a whole.

The Antarctic Treaty System: Future Mining Faces Many Mathematical Challenges

2015 ◽  
Vol 7 (1) ◽  
pp. 623-631 ◽  
Author(s):  
AJ Tony Press
Keyword(s):  
Mineral Resource ◽  
Environmental Protection ◽  
Short Paper ◽  
Antarctic Treaty ◽  
The Antarctic ◽  
Antarctic Treaty System

This short paper examines how the Antarctic Treaty and its Protocol on Environmental Protection deal with mineral resource activities and the steps that would be required to lift the current ban on mining in the Antarctic.

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