Legal Issues concerning DROMLAN under the Antarctic Treaty System

2021 ◽  
Vol 12 (1) ◽  
pp. 61-74
Author(s):  
Osamu Inagaki
Keyword(s):  
Environmental Impact ◽  
Legal Issues ◽  
Recent Discussion ◽  
Good Communication ◽  
State Practice ◽  
Dronning Maud Land ◽  
Antarctic Treaty ◽  
Private Actors ◽  
The Antarctic ◽  
Antarctic Treaty System

The purpose of this paper is to explore possible legal issues concerning the Dronning Maud Land Air Network (DROMLAN) under the Antarctic Treaty system. By examining the recent discussion concerning DROMLAN within the Antarctic Treaty Consultative Meeting (ATCM) and relevant State practice, this paper argues that States parties have difficulty in fully complying with the obligations of advanced notice under Article VII (5) of the Antarctic Treaty and Environmental Impact Assessment under Article VIII (2) of the Madrid Protocol for DROMLAN’s operation. Finally, this paper suggests that good communication among relevant States parties and private actors is important for enhancing compliance with these obligations.

Accreditation as a regulatory option for Antarctic bioprospecting

Polar Record ◽  
2006 ◽  
Vol 42 (4) ◽  
pp. 349-357 ◽  
Author(s):  
Melissa Weber
Keyword(s):  
Biological Diversity ◽  
Law Of The Sea ◽  
Convention On Biological Diversity ◽  
Recent Discussion ◽  
Policy Regime ◽  
Marine Stewardship Council ◽  
Antarctic Treaty ◽  
United Nations Convention ◽  
The Antarctic ◽  
Antarctic Treaty System

The current lack of a specific policy regime for Antarctic biological prospecting (bioprospecting) has emerged as a focus of recent discussion. Consideration has been given to the interface of the Convention on Biological Diversity (CBD), the United Nations Convention on the Law of the Sea (UNCLOS) and the Antarctic Treaty System (ATS). This paper aims to introduce the potential for industry accreditation to address existing regulatory uncertainty. The Marine Stewardship Council (MSC) accreditation for sustainable fisheries and the accreditation scheme being developed for Antarctic tour operators provide examples of industry accreditation that interplay with the Antarctic Treaty System. Accreditation may provide an avenue for industry to promote legitimate activities, demonstrate willingness to comply with existing principles and established regulations while the perception of being over-regulated is potentially reduced. Accreditation may also serve as an interim solution while more binding measures are developed. While Antarctic bioprospecting accreditation is not without its limitations, it does provide an avenue for the Antarctic Treaty Consultative Parties (ATCPs) to engage industry stakeholders, clarify existing obligations and promote a regulatory initiative in conformity with the principles of the Antarctic Treaty System.

An international hierarchy of science: conquest, cooperation, and the 1959 Antarctic Treaty System

2021 ◽  
pp. 135406612110338
Author(s):  
Joanne Yao
Keyword(s):  
International Relations ◽  
20Th Century ◽  
International Institutions ◽  
Social Performance ◽  
Early 20Th Century ◽  
Antarctic Treaty ◽  
The Antarctic ◽  
International Status ◽  
Antarctic Treaty System

The Antarctic Treaty System (ATS), created in 1959 to govern the southern continent, is often lauded as an illustration of science’s potential to inspire peaceful and rational International Relations. This article critically examines this optimistic view of science’s role in international politics by focusing on how science as a global hierarchical structure operated as a gatekeeper to an exclusive Antarctic club. I argue that in the early 20th century, the conduct of science in Antarctica was entwined with global and imperial hierarchies. As what Mattern and Zarakol call a broad hierarchy, science worked both as a civilized marker of international status as well as a social performance that legitimated actors’ imperial interests in Antarctica. The 1959 ATS relied on science as an existing broad hierarchy to enable competing states to achieve a functional bargain and ‘freeze’ sovereignty claims, whilst at the same time institutionalizing and reinforcing the legitimacy of science in maintaining international inequalities. In making this argument, I stress the role of formal international institutions in bridging our analysis of broad and functional hierarchies while also highlighting the importance of scientific hierarchies in constituting the current international order.

Twenty years on: the UN and the ‘Question of Antarctica,’ 1983–2003

Polar Record ◽  
2004 ◽  
Vol 40 (3) ◽  
pp. 205-212 ◽  
Author(s):  
Peter J. Beck
Keyword(s):  
United Nations ◽  
International Community ◽  
Consensus Approach ◽  
Annual Basis ◽  
Antarctic Treaty ◽  
The United Nations ◽  
The Antarctic ◽  
Malaysian Government ◽  
Antarctic Treaty System

The United Nations (UN) has now been involved with the ‘Question of Antarctica’ for 20 years. Divisions within the international community about the most appropriate form of management for Antarctica, which was presented to the UN as a region of global importance, have never completely disappeared, even if the restoration of a consensus approach during the mid-1990s was based upon a broader appreciation of the merits of the Antarctic Treaty System. Both Antarctic Treaty Consultative Parties and non-Consultative Parties, pointing to the regime's enduring intrinsic qualities, have adopted an unyielding attitude towards Treaty outsiders advocating a more democratic, accountable, and transparent regime. Even so, the critical lobby, led by Dr Mahathir's Malaysian government, has never gone away. Initially, the ‘Question of Antarctica’ was discussed at the UN on an annual basis, but since 1996 it has been placed on a triennial reference. Following the most recent session in late 2002, the topic is scheduled to be placed on the UN's agenda again in 2005. This article reviews critically the key themes characterising the UN's involvement in the ‘Question of Antarctica’ since 1983, while using successive Polar Record articles on individual UN sessions to provide a framework of reference and an informed basis for further research on the topic.

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