International Governance of the Antarctic – Participation, Transparency and Legitimacy

2015 ◽  
Vol 7 (1) ◽  
pp. 448-500
Author(s):  
Jill Barrett
Keyword(s):  
The Arctic ◽  
International Governance ◽  
Antarctic Region ◽  
Constituent Part ◽  
Starting Point ◽  
Antarctic Treaty ◽  
State Actors ◽  
The Antarctic ◽  
The Relationship

This article explores the principal institutions of international governance of the Antarctic region, their members, and how open they are to new participants. It considers the relationship between the openness of these institutions to new participation and their long-term international legitimacy and efficacy. Taking as its starting point the Antarctic Treaty System, each constituent part is examined for participation, transparency and legitimacy. It applies these criteria to both State and non-State actors and to parties and non-parties. Ultimately it seeks to determine what factors have contributed to its success over five decades in a radically changing world, and what factors might contribute to its future vulnerability. The examination and conclusions might have resonance for what happens in the Arctic.

Weighing the Sources of International Law

2021 ◽  
Vol 6 (2) ◽  
pp. 221-246
Author(s):  
Nong Hong
Keyword(s):  
International Law ◽  
Arctic Region ◽  
The Arctic ◽  
Legal Issue ◽  
Customary International Law ◽  
National Jurisdiction ◽  
Antarctic Treaty ◽  
The Antarctic ◽  
The Relationship ◽  
Different Sources

Abstract There is a long-standing debate on the weight or preference given to different sources of international law in jurisprudence. This article aims to discuss the interplay of three pairs of sources of international law; namely between old treaties and new treaties, treaties and customs, and existing treaties and emerging treaties in the context of three regions which are featured with typical maritime related issues. In the Arctic region, the 1925 Svalbard Treaty and the 1982 United Nations Convention on the Law of the Sea (unclos) become the sources of conflicts or different legal positions between Norway and some other States who are parties to both treaties. In the South China Sea, the major legal issue, among many other important ones such as island regime, is the relationship between unclos as a treaty law and historic rights as a customary international law. The Antarctic Treaty System (ATS) may be influenced by the new instrumental arrangements made by Biodiversity Beyond National Jurisdiction (bbnj) negotiation, reflecting the importance of ensuring the emerging treaty will not interrupt the jurisdiction of established treaties.

scholarly journals “Logrolling” in Antarctic governance: Limits and opportunities

Polar Record ◽  
2020 ◽  
Vol 56 ◽  
Author(s):  
Jeffrey McGee ◽  
Bruno Arpi ◽  
Andrew Jackson
Keyword(s):  
Marine Protected Areas ◽  
International Institutions ◽  
Marine Resources ◽  
International Governance ◽  
Short Term ◽  
Current Case ◽  
Antarctic Marine ◽  
Antarctic Treaty ◽  
Kunlun Station ◽  
The Antarctic

Abstract The Antarctic Treaty System (ATS) is considered a successful example of international governance as it has managed tensions over sovereignty claims, avoided militarisation and dealt with marine resources and environmental protection. Recently, China’s influence and assertiveness in many international institutions have significantly grown. What effect this shift in the international politics will have upon Antarctic governance remains to be seen. However, to further thinking on this issue we explore two current case studies that reveal pressure points within the ATS. First, in the Commission for the Conservation of Antarctic Marine Living Resources, Australia has proposed marine protected areas off East Antarctica, to which China and several other states have objected. Second, in the Antarctic Treaty Consultative Meetings, China has proposed special management arrangements for the area around the “Kunlun” station, to which Australia and several other states have objected. Negotiation theory suggests “logrolling” (i.e. trade of mutual decision-making support across issue areas) can be an effective strategy to avoid diplomatic deadlocks. We therefore consider the merits of a logrolling strategy for the above issues. We find that while a logrolling strategy in the ATS might facilitate short-term diplomatic success, it would carry significant risks, including the weakening of existing norms.

scholarly journals BRICS in polar regions: Brazil’s interests and prospects

2020 ◽  
Vol 13 (3) ◽  
pp. 326-340
Author(s):  
Paulo Borba Casella ◽  
◽  
Maria Lagutina ◽  
Arthur Roberto Capella Giannattasio ◽  
◽  
...  
Keyword(s):  
Legal Regulation ◽  
The Arctic ◽  
Polar Regions ◽  
Arctic Council ◽  
Public Power ◽  
Promising Tool ◽  
Antarctic Treaty ◽  
International Power ◽  
Global Affairs ◽  
The Antarctic

The current international legal regulation of the Arctic and Antarctica was organized during the second half of the XX century to establish an international public power over the two regions, the Arctic Council (AC) and the Antarctic Treaty System (ATS), which is characterized by Euro-American dominance. However, the rise of emerging countries at the beginning of the XXI century suggests a progressive redefinition of the structural balance of international power in favor of states not traditionally perceived as European and Western. This article examines the role of Brazil within the AC and the ATS to address various polar issues, even institutional ones. As a responsible country in the area of cooperation in science and technology in the oceans and polar regions in BRICS, Brazil appeals to its rich experience in Antarctica and declares its interest in joining the Arctic cooperation. For Brazil, participation in polar cooperation is a way to increase its role in global affairs and BRICS as a negotiating platform. It is seen in this context as a promising tool to achieve this goal. This article highlights new paths in the research agenda concerning interests and prospects of Brazilian agency in the polar regions.

Improving the use of biological data in Antarctic management

2016 ◽  
Vol 28 (6) ◽  
pp. 425-431 ◽  
Author(s):  
Maureen A. Lynch ◽  
Catherine M. Foley ◽  
Lesley H. Thorne ◽  
Heather J. Lynch
Keyword(s):  
Biological Data ◽  
Independent Validation ◽  
Data Practices ◽  
Management Processes ◽  
Management Plans ◽  
Antarctic Treaty ◽  
The Antarctic ◽  
Specially Protected Areas

AbstractThe Antarctic Treaty System requires that the effects of potential human disturbance be evaluated, such as through the development and evaluation of Initial and Comprehensive Environmental Evaluations (IEEs and CEEs), and through the implementation of Management Plans for Antarctic Specially Protected Areas (ASPAs) and Antarctic Specially Managed Areas (ASMAs). The effectiveness of these management processes hinges on the quality and transparency of the data presented, particularly because independent validation is often difficult or impossible due to the financial and logistical challenges of working in the Antarctic. In a review of these documents and their treatment of wildlife survey data, we find that the basic elements of best data practices are often not followed; biological data are often uncited or out-of-date and rarely include estimates of uncertainty that would allow any subsequent changes in the distribution or abundance of wildlife to be rigorously assessed. We propose a set of data management and use standards for Antarctic biological data to improve the transparency and quality of these evaluations and to facilitate improved assessment of both immediate and long-term impacts of human activities in the Antarctic.

The effectiveness of Virkon® S disinfectant against an invasive insect and implications for Antarctic biosecurity practices

2020 ◽  
pp. 1-9 ◽  
Author(s):  
Jesamine C. Bartlett ◽  
Richard James Radcliffe ◽  
Pete Convey ◽  
Kevin A. Hughes ◽  
Scott A.L. Hayward
Keyword(s):  
Salt Water ◽  
Hot Water ◽  
Antarctic Region ◽  
Invasive Insect ◽  
Signy Island ◽  
Antarctic Treaty ◽  
Biosecurity Practices ◽  
Water Treatments ◽  
The Antarctic ◽  
Maximum Threshold

Abstract The flightless midge Eretmoptera murphyi is thought to be continuing its invasion of Signy Island via the treads of personnel boots. Current boot-wash biosecurity protocols in the Antarctic region rely on microbial biocides, primarily Virkon® S. As pesticides have limited approval for use in the Antarctic Treaty area, we investigated the efficacy of Virkon® S in controlling the spread of E. murphyi using boot-wash simulations and maximum threshold exposures. We found that E. murphyi tolerates over 8 h of submergence in 1% Virkon® S. Higher concentrations increased effectiveness, but larvae still exhibited > 50% survival after 5 h in 10% Virkon® S. Salt and hot water treatments (without Virkon® S) were explored as possible alternatives. Salt water proved ineffective, with mortality only in first-instar larvae across multi-day exposures. Larvae experienced 100% mortality when exposed for 10 s to 50°C water, but they showed complete survival at 45°C. Given that current boot-wash protocols alone are an ineffective control of this invasive insect, we advocate hot water (> 50°C) to remove soil, followed by Virkon® S as a microbial biocide on ‘clean’ boots. Implications for the spread of invasive invertebrates as a result of increased human activity in the Antarctic region are discussed.

scholarly journals Atmospheric mercury observations from Antarctica: seasonal variation and source and sink region calculations

2012 ◽  
Vol 12 (7) ◽  
pp. 3241-3251 ◽  
Author(s):  
K. A. Pfaffhuber ◽  
T. Berg ◽  
D. Hirdman ◽  
A. Stohl
Keyword(s):  
Southern Hemisphere ◽  
Dispersion Model ◽  
Particle Dispersion ◽  
Atmospheric Mercury ◽  
The Arctic ◽  
Research Station ◽  
The Mean ◽  
The Antarctic ◽  
Source And Sink

Abstract. Long term atmospheric mercury measurements in the Southern Hemisphere are scarce and in Antarctica completely absent. Recent studies have shown that the Antarctic continent plays an important role in the global mercury cycle. Therefore, long term measurements of gaseous elemental mercury (GEM) were initiated at the Norwegian Antarctic Research Station, Troll (TRS) in order to improve our understanding of atmospheric transport, transformation and removal processes of GEM. GEM measurements started in February 2007 and are still ongoing, and this paper presents results from the first four years. The mean annual GEM concentration of 0.93 ± 0.19 ng m−3 is in good agreement with other recent southern-hemispheric measurements. Measurements of GEM were combined with the output of the Lagrangian particle dispersion model FLEXPART, for a statistical analysis of GEM source and sink regions. It was found that the ocean is a source of GEM to TRS year round, especially in summer and fall. On time scales of up to 20 days, there is little direct transport of GEM to TRS from Southern Hemisphere continents, but sources there are important for determining the overall GEM load in the Southern Hemisphere and for the mean GEM concentration at TRS. Further, the sea ice and marginal ice zones are GEM sinks in spring as also seen in the Arctic, but the Antarctic oceanic sink seems weaker. Contrary to the Arctic, a strong summer time GEM sink was found, when air originates from the Antarctic plateau, which shows that the summertime removal mechanism of GEM is completely different and is caused by other chemical processes than the springtime atmospheric mercury depletion events. The results were corroborated by an analysis of ozone source and sink regions.

Thawing the ice: a contemporary solution to Antarctic sovereignty

Polar Record ◽  
2017 ◽  
Vol 53 (4) ◽  
pp. 436-447
Author(s):  
Wygene Chong
Keyword(s):  
Primary Reason ◽  
Global Commons ◽  
Governance Framework ◽  
Effective Implementation ◽  
The Future ◽  
Antarctic Treaty ◽  
Territorial Claims ◽  
The Antarctic ◽  
Over Time

ABSTRACTThe Antarctic Treaty System (ATS) has provided a peaceful framework for governing the continent over many decades, in spite of seven extant territorial claims. However, its method of freezing these claims has been criticised for being short-sighted and ineffective in providing a long-term solution. This paper argues to the contrary. It undertakes a brisk analysis of different categories of alternatives: global commons, absolute sovereignty, restricted sovereignty and shared sovereignty. After dismissing each category for various reasons, it promotes the reform of the existing ATS, in which a long-term vision and modified chairmanship structure provide stronger leadership and more effective implementation. Essentially, it holds that the primary reason there is criticism of the system is because it is not functioning as well as it might be. The paper not only contends that a developed ATS is an achievable aim, but that it could eventually develop into a restricted, shared sovereignty governance framework. That form of governance, which would emerge over time, could be a more durable solution that resolves the competing territorial claims. In this way, the paper charts a potential pathway for the future of Antarctic governance. This path begins, however, with a reformed ATS.

Recent developments in relations between the United Kingdom and the Argentine Republic in the South Atlantic/Antarctic region

Polar Record ◽  
2013 ◽  
Vol 50 (2) ◽  
pp. 119-127 ◽  
Author(s):  
Klaus Dodds ◽  
Alan D. Hemmings
Keyword(s):  
White Paper ◽  
South Atlantic ◽  
The South ◽  
Antarctic Region ◽  
The United Kingdom ◽  
Current State ◽  
Recent Developments ◽  
Antarctic Treaty ◽  
Overseas Territories ◽  
The Antarctic

ABSTRACTThis article assesses the current state of UK-Argentine relations with reference to the South Atlantic and Antarctic region. Three major themes are pursued: the current state of UK-Argentine relations, with the contested Falklands/Malvinas looming large in the assessment, alongside fisheries management around South Georgia; the mapping of Argentine Antarctic territory in the context of extended continental shelf delimitation; and finally, the recent UK White Paper on Overseas Territories is noted insofar as it marks the most recent public assessment of how the coalition government is attempting to manage the most southerly portions of the British Overseas Territories portfolio. The article concludes with a warning that there is a danger that worsening UK-Argentine relations might begin to have more profound implications for the Antarctic Treaty System as resource, sovereignty and territorial issues acquire more piquancy.

Bioprospecting in Antarctica and the Arctic. Common Challenges?

2009 ◽  
Vol 1 (1) ◽  
pp. 145-174
Author(s):  
David Leary
Keyword(s):  
The Arctic ◽  
Polar Regions ◽  
Contact Group ◽  
Critical Issues ◽  
Recent Developments ◽  
History Of ◽  
Antarctic Treaty ◽  
The Antarctic ◽  
Antarctic Treaty System

Abstract Bioprospecting is occurring in the Arctic and Antarctica. This paper considers evidence on the nature and scale of bioprospecting in the Polar Regions. The paper then aims to draw out some of the critical issues in this debate by examining recent developments in the context of the Antarctic Treaty System. After an introduction to the history of the debate on bioprospecting in the Antarctic context it examines the recent Report of the Antarctic Treaty Consultative Meeting (‘ATCM’) Intersessional Contact Group to examine the issue of Biologocal Prospecting in the Antarctic Treaty Area tabled at ATCM XVII in Kiev in June 2008. The paper then concludes with some brief thoughts on the relevance of the Arctic experience to the debate in relation to Antarctica and whether or not there is an ‘Arctic Model’ for a response to the bioprospecting question in Antarctica. It is argued that rather than there being one Arctic model there is in fact a spectrum of models and experiences to choose from.

scholarly journals Revising the retrieval technique of a long-term stratospheric HNO<sub>3</sub> data set: from a constrained matrix inversion to the optimal estimation algorithm

2011 ◽  
Vol 29 (7) ◽  
pp. 1317-1330 ◽  
Author(s):  
I. Fiorucci ◽  
G. Muscari ◽  
R. L. de Zafra
Keyword(s):  
Optimal Estimation ◽  
Matrix Inversion ◽  
The Arctic ◽  
Inversion Method ◽  
Data Sets ◽  
Vertical Profiles ◽  
Mixing Ratio ◽  
Data Set ◽  
The Antarctic

Abstract. The Ground-Based Millimeter-wave Spectrometer (GBMS) was designed and built at the State University of New York at Stony Brook in the early 1990s and since then has carried out many measurement campaigns of stratospheric O3, HNO3, CO and N2O at polar and mid-latitudes. Its HNO3 data set shed light on HNO3 annual cycles over the Antarctic continent and contributed to the validation of both generations of the satellite-based JPL Microwave Limb Sounder (MLS). Following the increasing need for long-term data sets of stratospheric constituents, we resolved to establish a long-term GMBS observation site at the Arctic station of Thule (76.5° N, 68.8° W), Greenland, beginning in January 2009, in order to track the long- and short-term interactions between the changing climate and the seasonal processes tied to the ozone depletion phenomenon. Furthermore, we updated the retrieval algorithm adapting the Optimal Estimation (OE) method to GBMS spectral data in order to conform to the standard of the Network for the Detection of Atmospheric Composition Change (NDACC) microwave group, and to provide our retrievals with a set of averaging kernels that allow more straightforward comparisons with other data sets. The new OE algorithm was applied to GBMS HNO3 data sets from 1993 South Pole observations to date, in order to produce HNO3 version 2 (v2) profiles. A sample of results obtained at Antarctic latitudes in fall and winter and at mid-latitudes is shown here. In most conditions, v2 inversions show a sensitivity (i.e., sum of column elements of the averaging kernel matrix) of 100 ± 20 % from 20 to 45 km altitude, with somewhat worse (better) sensitivity in the Antarctic winter lower (upper) stratosphere. The 1σ uncertainty on HNO3 v2 mixing ratio vertical profiles depends on altitude and is estimated at ~15 % or 0.3 ppbv, whichever is larger. Comparisons of v2 with former (v1) GBMS HNO3 vertical profiles, obtained employing the constrained matrix inversion method, show that v1 and v2 profiles are overall consistent. The main difference is at the HNO3 mixing ratio maximum in the 20–25 km altitude range, which is smaller in v2 than v1 profiles by up to 2 ppbv at mid-latitudes and during the Antarctic fall. This difference suggests a better agreement of GBMS HNO3 v2 profiles with both UARS/ and EOS Aura/MLS HNO3 data than previous v1 profiles.

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