Implementing The Environmental Protection Regime For The Antarctic

When the Protocol on Environmental Protection to the Antarctic Treaty entered into force on 14 January 1998, a new phase commenced for the Antarctic Treaty System. The parties to the Protocol are today confronting issues related to the implementation of a complex international environmental protection regime, both in international and domestic contexts. Several crucial implementation questions need to be solved in order to enhance and make possible the implementation of the Protocol. What would be the consequences for the parties of a possible failure in resolving the pending implementation issues, on what premises can the solutions be based, and what, then, are the options available? This book provides a systematic overview of the implementation issues in sections on jurisdiction, control and enforcement in the Antarctic (Part I), institutional support to the implementation of the Protocol (Part II), normative support to the implementation of the Protocol: an Antarctic liability regime (Part III), relationship with other international instruments and arrangements (Part IV), and, through a series of selected case-studies, issues involved in domestic implementation of the Protocol (Part V). This is a book that will appeal to Antarctic specialists and to all those interested in environmental law and policy.

A major step towards the comprehensive protection of the Antarctic environment is the adoption of the Protocol on Environmental Protection to the Antarctic Treaty in 1991. The Protocol entered into force in January 1998 and provides a comprehensive system of obligations and prohibitions addressing most types of activities in the region south of 60 degrees south latitude. However, because of the absence of undisputed sovereignty in Antarctica, the legal protection of the Antarctic environment depends on the collective efforts of the Contracting Parties to the Protocol. Have the Contracting Parties adequately incorporated the key provisions of the Protocol into their domestic legal systems? Will the complex of domestic legal systems of the Contracting Parties adequately ensure a 'comprehensive protection' of the 'natural reserve' of Antarctica, as specified by Article 2 of the Protocol? These questions are the subject of this book.

With the negotiation of the International Protocol on Environmental Protection in 1991, those nations conducting scientific research programs in Antarctica face new challenges for stewardship of the southern continent and protection of its environment. Science and Stewardship in the Antarctic examines how the implementation of the 1991 agreement in the United States can be done in such a way to ensure the compatibility of scientific and environmental protection goals in this global laboratory. The book also addresses the potential for the new requirements both to benefit and harm research activities in Antarctica.

While environmental protection has been a focus of decision-making under the Antarctic Treaty, the rules adopted did not engender an effective protection regime. This book examines the international politics of environmental protection in the Antarctic. It analyses recent events, including the demise of the Antarctic Minerals Convention and the negotiation of the Madrid Protocol which hold out the hope of much improved protection of the fragile Antarctic environment. This study also considers what political lessons the Antarctic experience might have for broader concerns in international environmental relations.

For many years, concerns have been expressed about environmental issues in the Arctic. While the Arctic region, unlike Antarctica, has been inhabited for thousands of years, it is under unique threat because of its vulnerability toward resource exploitation and the deposition of various airborne pollutants. With its varied populations, and with eight Nations asserting territorial interests, the Arctic needs a careful approach to its protection and development. This report describes the current Arctic environmental legal regime. It also discusses the possibility of negotiating a sustainability treaty for the Arctic with high standards of environmental protection similar to those in the 1991 Protocol on Environmental Protection to the Antarctic Treaty. It is hoped that this review of the legal and policy contrasts between the Arctic and Antarctic can help in the consideration of future directions for the Arctic legal regime.

Excerpt from Implementing Legislation for the Protocol on Environmental Protection to the Antarctic Treaty: Hearing Before the Subcommittee on Economic Policy, Trade and Environment of the Committee on Foreign Affairs and Committee on Merchant Marine and Fisheries, House of Representatives, One Hundred Third Congress, First Session; November 16, 1993 Printed for the use of the Committee on Foreign Affairs and the Committee on Merchant Marine and Fisheries. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.