Science and Stewardship in the Antarctic (1993) / Chapter Skim
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Governance Structures
Governance Structures
Pages 32-46
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From page 32... ...
A second group of states, thepotential claimants, agree that Antarctica is terra nullius, but do not recognize the specific territorial claims of the seven claimant states and reserve the right to make claims of their own. This group includes the United States and the former Soviet Union (now Russia)
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From page 33... ...
In 1991, the Parties to the Antarctic Treaty adopted a Protocol on Environmental Protection, which, when it takes effect, would supersede CRAMRA at least for 50 years. The Antarctic Treaty, together with the recommendations and measures adopted under it, and the Seals and Marine Living Resources Conventions, have collectively become known as the Antarctic Meaty System (ATS)
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From page 34... ...
Finally, while the Meaty requires Parties to seek to resolve disputes by peaceful means, it does not require compulsory, third-party dispute settlement. Instead of establishing a centralized institutional structure, the Antarctic Treaty provides for governance through periodic consultative meetings of the Parties and other, informal arrangements.
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From page 35... ...
In addition to the ATCMs themselves, numerous preparatory, expert, and special consultative meetings have been held. Collectively these meetings have been called a sen~i-pem~anent conference of the parties.5 · Deczszonmak~g.
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From page 36... ...
The Agreed Measures for the Conservation of Antarctic Fauna and Flora (adopted in 1964, entered into force in 1978~. The measures prohibit the killing, wounding, capturing, or molesting of native mammals or birds, except under a permit; require Parties to take appropriate measures to minimize harmful interference with the normal living conditions of native mammals or birds; establish a system of Specially Protected Areas (SPAs)
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From page 37... ...
. THE PROTOCOL ON ENVIRONMENTAL PROTECTION The Antarctic Treaty did not attempt to address questions relating to the development of mineral resources, in part because commercial exploitation still seemed remote in 1959 and in part because of its highly controversial nature.
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From page 38... ...
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 Meaty consultative process, while others supported the development of a freestanding environmental convention.
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From page 39... ...
, and an existing legal regime covering antarctic mineral activities (Article 25~. 1b protect the position of the United States, which wished to keep open the possibility of minerals activities, the Protocol provides that, if an amendment is adopted but does take effect within three years thereafter, a Party may withdraw from the Protocol.
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From page 40... ...
Disputes will be settled by an Arbitral Tribunal unless both sides have accepted the competence of the International Court of Justice (Articles 18-20~.~ Although the Protocol itself provides for amendments through the unanimous decisionmaking procedure set forth in Article IX of the Treaty, each of the five annexes to the Protocol provides that ATCPs are deemed to have accepted an amendment unless they notify the depositary (the United States) within one year.
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From page 41... ...
Prohibited takings include removing or damaging native plants in amounts that would significantly affect their local distribution or abundance. Moreover, any activity that results in significant adverse modification of plant habitats constitutes harmful interference.
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From page 42... ...
Like ATCM Recommendation XV-3, Annex III classifies wastes into several categories: Wastes that must be removed from the Antarctic Treaty area (including radioactive materials, batteries, liquid and solid fuels, and wastes containing harmful levels of heavy metals or acutely toxic or harmful persistent compounds)
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From page 43... ...
The Council of Managers of Antarctic Programs (COMNAP) has voluntarily adopted guidelines on oil spill prevention and cleanup, and all national operators have agreed to develop oil spill contingency plans for all stations and ships in 1993.
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From page 44... ...
scientific program in Antarctica. By further protecting the antarctic environment, the Protocol will help preserve the unique opportunities the continent offers for scientific research of global significance.
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From page 45... ...
Strict or rigid definition of sufficient information could lead to the imposition of prolonged information-gathering studies that prevent more valuable scientific activity and indeed have greater cumulative environmental impacts. The challenge will be to ensure that the sufficient information requirement is applied pragmatically, weighing the value against the potential environmental harm of proposed activities, and not used to block activities or impose unwarranted data gathering programs.
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From page 46... ...
In setting U.S. policy, active scientists should be involved in both national and international groups, such as the Interagency Antarctic Policy Group and the Committee for Environmental Protection, as well as in advisory groups to these bodies, such as the Scientific Committee on Antarctic Research (SCAR)
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