The following HTML text is provided to enhance online
readability. Many aspects of typography translate only awkwardly to HTML.
Please use the page image
as the authoritative form to ensure accuracy.
Science and Stewardship in the Antarctic
tion on the Regulation of Antarctic Mineral Resources Activities, which was opened for signature on June 2, 1988, but is not in force.
The Protocol on Environmental Protection was developed in reaction to CRAMRA. Although CRAMRA contained stringent environmental safeguards, many environmentalists argued that, as a matter of principle, Antarctica should be left in its pristine state rather than be opened to mineral exploitation. In May and June 1989, two ATCPs—Australia and France—announced their opposition to the convention and proposed instead that Antarctica be designated a world park or wilderness reserve. This proposal gained support from other ATCPs and, in October 1989, the 16th ATCM decided to convene a special consultative meeting to consider the development of "a comprehensive system for the protection of the Antarctic environment." Initially some states proposed that comprehensive measures could be adopted through the Antarctic Treaty consultative process, while others supported the development of a freestanding environmental convention. Ultimately the ATCPs decided to negotiate a protocol to the Antarctic Treaty. The negotiations began at the special consultative meeting in Viña del Mar, Chile, in November and December 1990, and concluded with the adoption of the Protocol in Madrid on October 4, 1991. The Protocol requires ratification by all 26 of the current ATCPs to take effect. On February 14, 1992, the President sent the Protocol to the Senate which gave its consent on October 7, 1992. Because the Protocol is not self-executing, it will require implementing legislation to be given domestic legal effect by the United States.
Provisions
The Protocol on Environmental Protection extends and improves the Antarctic Treaty's effectiveness in ensuring the protection of the antarctic environment. It designates Antarctica "a natural reserve, devoted to peace and science." It sets forth a comprehensive regime, applicable to all human activities on the continent, including tourism. When it takes effect, the Protocol will replace the collection of measures adopted under the Antarctic Treaty consultative process.
As a protocol to the Treaty, rather than a freestanding agreement, the Protocol is governed by the general provisions of the Antarctic Treaty (Environmental Protocol Article 4). It applies to activities by Parties and their nationals; moreover, under Article X of the Treaty, Parties have an obligation "to exert appropriate efforts, consistent with the charter of the United Nations, to the end that no one engages in any activity in Antarctica contrary to the principles and purposes of the ... Treaty." In contrast to CCAMLR, which applies to the area south of the Antarctic Convergence, the Protocol applies only to the Antarctic Treaty Area—that is, the area south of 60 degrees south