The settlement of disputes under the Protocol on Environmental Protection to the Antarctic Treaty

Polar Record ◽  
1995 ◽  
Vol 31 (179) ◽  
pp. 399-408
Author(s):  
Martijn Wilder
Keyword(s):  
Early Stage ◽  
Comprehensive System ◽  
Potential Conflict ◽  
Peaceful Settlement ◽  
Antarctic Treaty ◽  
Military Activity ◽  
Settlement Of Disputes ◽  
The Antarctic ◽  
Antarctic Environment ◽  
Extensive Damage

ABSTRACTSince the Antarctic Treaty came into operation, Antarctic affairs have been characterised by international cooperation. The major issues of potential conflict, namely sovereignty, military activity, and mining, have now been largely removed. As a result, the remaining disagreements between parties have been resolved through consultation and negotiation. No dispute has ever found its way to judicial settlement, with most disagreements usually resolved at an early stage through ATCMs. While there is no reason to suspect that the use of consultation and negotiation will not continue, with the introduction of far more comprehensive measures for the protection of the Antarctic environment, combined with the significant increase in activity in and around the continent, there is a greater likelihood of situations occurring that clearly breach these principles or give rise to a dispute. In addition, where extensive damage to the environment has already occurred, negotiation may be limited, so that the other mechanisms for settling disputes must be instituted. The dispute procedures of the Protocol, taken almost entirely from CRAMRA, represent the most comprehensive system for the peaceful settlement of disputes arising in any Antarctic instrument to date. However, clear problems such as remedies, enforcement, and uncertainties with respect to standing and liability remain. Until these problems are resolved, all aspects of all disputes cannot be covered, and comprehensive protection of the Antarctic environment specified in the Protocol will remain an objective, not a reality.

scholarly journals How do we know that the Antarctic environment is fine?

2002 ◽  
Vol 14 (2) ◽  
pp. 113-113
Author(s):  
D.W.H. Walton
Keyword(s):  
Ross Sea ◽  
Leadership Role ◽  
United Nations Environment Programme ◽  
Holistic View ◽  
Antarctic Treaty ◽  
State Of The Environment ◽  
The Antarctic ◽  
Nations Environment ◽  
Environment Programme ◽  
Antarctic Environment

One might imagine that the only continent in the world devoted to peace and science would be certain to play a leadership role in global questions that needed a scientific answer. Indeed, to a dispassionate observer, the present situation with respect to reporting on the state of the Antarctic environment must seem bizarre. All the Antarctic Treaty Consultative Parties are members of the United Nations Environment Programme, and all are apparently committed to providing State of the Environment Reports for their respective regions. Why then have some of these very nations been so reluctant to accept that Antarctica is a key part of this world and, to provide the holistic view required, needs to be included in the reporting? The list of excuses for delay is lengthy: no money; no secretariat to organize through; likely to be too expensive; no clear reason to undertake it; not needed at present; who would be the audience; how would we maintain political oversight; etc. but none of them ever appeared insoluble. This has been clearly demonstrated by the recent publication by New Zealand of a State of the Environment Report for the Ross Sea Region.

scholarly journals Antarctic politics and Antarctic science — are they at loggerheads?

1991 ◽  
Vol 3 (2) ◽  
pp. 123-123
Author(s):  
John A Heap
Keyword(s):  
Legal Framework ◽  
Scientific Investigation ◽  
Antarctic Treaty ◽  
The Creation ◽  
The Law ◽  
The Many ◽  
The Antarctic ◽  
Antarctic Environment

“Antarctica shall be used for peaceful purposes only …… Freedom of scientific investigation and co-operation toward that end …… shall continue, subject to the provisions of the present Treaty.”These are the fundamental objectives of the Antarctic Treaty as expressed in Articles I and II. What follows in the Treaty, and in most of the many “Recommendations” to the Governments of Antarctic Treaty Consultative Parties (ATCPs), is aimed at securing these objectives by the creation of a framework of law. Unusually for a system of laws, most of this legal framework is hortatory rather than mandatory in character - it cajoles rather than orders. Perhaps not surprisingly this has given rise to damaging suggestions about its ability to provide adequate protection for the Antarctic environment. The response of the ATCPs to this criticism has been to embark on a review of existing Antarctic law, to make it more consistent, reduce overlaps and more especially, make much of it mandatory. This process began at the XIth Special Antarctic Treaty Consultative Meeting in Chile last November. Since it aims to provide greater clarity, accessibility and certainty in the law, it must be welcomed. But within these admirable objectives a prospect of loggerheads begins to loom.

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.

scholarly journals Antarctic environmental planning and management: conclusions from Casey, Australian Antarctic Territory

Polar Record ◽  
1991 ◽  
Vol 27 (160) ◽  
pp. 1-8 ◽  
Author(s):  
Lorne K. Kriwoken
Keyword(s):  
Impact Assessment ◽  
Environmental Planning ◽  
Environmental Damage ◽  
Environmental Legislation ◽  
Planning And Management ◽  
Management Plans ◽  
Antarctic Treaty ◽  
The Antarctic ◽  
Antarctic Environment ◽  
Environmental Planning And Management

AbstractThe Antarctic environment has undergone significant local environmental damage and degradation, with nations rebuilding, expanding, or developing stations and bases. The Australian Antarctic Division's ten-year (1985–95) A$76.704 million programme of rebuilding and expanding stations in Australian Antarctic Territory is representative of a continent-wide increase in station numbers and impact, increasing station size, human numbers, lengths of roads, buildings, waste material production, and energy requirements. Environmental planning and impact assessment have not been incorporated in official decision-making; human activities at Australian Antarctic Territory stations had serious impacts on the limited ice-free land and local flora and fauna. Casey, are-developed station, is examined with reference to environmental planning and management under Antarctic Treaty obligations and recent Australian environmental legislation. Recommendations include the setting up of an Australian Antarctic Resources Committee responsible inter alia for environmental planning and management, including regional and station management plans and cumulative and environmental impact assessment for all Antarctic operations.

scholarly journals Providing expert scientific advice on the Antarctic environment

1994 ◽  
Vol 6 (1) ◽  
pp. 1-1 ◽  
Author(s):  
D.W.H. Walton
Keyword(s):  
Decision Making ◽  
Human Activities ◽  
Scientific Advice ◽  
Politics And Science ◽  
The World ◽  
Antarctic Treaty ◽  
The Antarctic ◽  
The Relationship ◽  
Antarctic Environment

It is hard to divorce most human activities, including science, completely from politics. Politics is about perceived certainty whilst science is about doubt – they make strange bedfellows. Politicians detest probabilities whilst scientists abhor the absolute. Nowhere is the relationship between politics and science more publicly developed than in the Antarctic Treaty System. In the only continent devoted to peace and science it might be supposed that, after more than thirty years, the role of science would be both more robust and more pivotal in decision-making than elsewhere in the world. So it appears at present but will it remain so?

Australian law in Antarctica

Polar Record ◽  
1993 ◽  
Vol 29 (170) ◽  
pp. 215-218 ◽  
Author(s):  
Stuart Kaye ◽  
Donald R. Rothwell
Keyword(s):  
Exclusive Economic Zone ◽  
Foreign Nationals ◽  
Application Of Law ◽  
Antarctic Treaty ◽  
Economic Zone ◽  
The Antarctic ◽  
The Impact ◽  
Antarctic Environment ◽  
Current Practices

ABSTRACTThis article examines the content and ramifications of an Australian Parliamentary Committee's Report into the application of Australian law in the Australian Antarctic Territory (AAT). The Report's main findings suggest that Australian law should be more vigorously applied in Antarctica, and that current practices with regard to the operation and enforcement of Australian law are perceived as damaging to Australian sovereignty. This is particularly the case in the context of the virtual non-application of law to all foreign nationals within the AAT, to an extent far beyond the categories of persons exempted by Article VIII of the Antarctic Treaty. The article also discusses the possible ramifications and difficulties of giving effect to the Report's findings. Particular stress is placed upon the impact of asserting a 200-nautical-mile fishing or exclusive economic zone in the waters off the AAT, as well as the logistic difficulties that may become apparent if Australian sovereignty is more actively asserted. In this context, brief consideration is given to the Report's recommendations relating to the Antarctic environment and tourism within the AAT.

A New Regime to Protect the Antarctic Environment

1992 ◽  
Vol 5 (1) ◽  
pp. 33-52 ◽  
Author(s):  
Sander van Bennekom
Keyword(s):  
Environmental Impact ◽  
Dispute Settlement ◽  
Mineral Resources ◽  
Exploration And Exploitation ◽  
The Road ◽  
Antarctic Treaty ◽  
Degree Of Control ◽  
New Institutions ◽  
The Antarctic ◽  
Antarctic Environment

On October 4,1991 the parties to the Antarctic Treaty adopted the Protocol on Environmental Protection to the Antarctic Treaty. This Protocol contains a prohibition for the duration of fifty years of all exploration and exploitation of mineral resources in the Antarctic. The Wellington Convention, which was adopted in 1988 and was intended toregulate the exploitation of minerals,can now be considered dead and buried. Apart from the prohibition on minerals activities, the Protocol sets out a number of rules and regulations to control the activities in Antarctica in a more stringent way than before. This article analyses the Protocol and compares the ‘severeness’ of the rules with the degree of control in the Wellington Convention. It seems likely that states are less willing to accept heavy bureaucratic measures if the road to minerals development is cut off. For issues like dispute settlement, environmental impact assessment, the creation of new institutions and liability, the articles in the Protocol are compared with the corresponding articles of the Minerals Convention. Furthermore this article contains some suggestions on how the current plans to protect the Antarctic environment can be improved.

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.

Conflicting science requirements impact on rare moss conservation measures

2017 ◽  
Vol 30 (1) ◽  
pp. 13-21 ◽  
Author(s):  
Luis R. Pertierra ◽  
Francisco Lara ◽  
Javier Benayas ◽  
Ronald I. Lewis-Smith ◽  
Kevin A. Hughes
Keyword(s):  
Deception Island ◽  
Short Term ◽  
Scientific Disciplines ◽  
Geothermal Activity ◽  
Management Plans ◽  
The Status ◽  
Antarctic Treaty ◽  
The Antarctic ◽  
Specially Protected Areas ◽  
Antarctic Environment

AbstractThe Antarctic Treaty recognizes the outstanding scientific values of the Antarctic environment through the designation of Antarctic Specially Protected Areas (ASPAs) that have rigorous management plans specific to each site. Deception Island has the largest concentration of rare bryophyte species and communities in Antarctica, while also offering substantial opportunities for research in a range of scientific disciplines due to its volcanic nature. As a result, conflicts between research interests and conservation goals may arise. On the summit ridge of Caliente Hill severe trampling damage to the moss assemblages growing in association with localized geothermal activity was observed. The range of species affected included the entire known population of Schistidium deceptionense, an endemic moss known only from this site, as well as other very rare Antarctic mosses (Ditrichum ditrichoideum, Bryum orbiculatifolium, Bucklandiella subcrispipila, Pohlia wahlenbergii and Dicranella hookeri). A photomapping study was undertaken to characterize further the status of the site and monitor changes within it. Increased awareness, co-ordination of activities and a spatial zoning within the site could help mitigate damage from permitted activities. Nevertheless, prioritization of longer term conservation goals over short-term research interests may ultimately be necessary where local human impact cannot be managed by other means.

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.

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