The documentation of littered oil drums, sewage, and discarded human pollutants are the result of temporary human occupation on the … International Pollution Issues course in the Department of Geography at Hunter College, City University of New York, Rachel Appel Secondly, Antarctica may only be used for peaceful purposes. 19, 189-209. While the Antarctic Treaty forbids commercial mineral extraction on the continent, this provision is subject to change and doesn't stop the … The Antarctic Treaty of 1959 further illustrates that Antarctic pollution observed internally is the result of external international agents. (Berkman, 1992), The “grasshopper effect” exacerbates the pollution that makes its way to Antarctica. N.p., n.d. The National Science Foundation to the United States provides information and background on the science behind the Ozone Layer and its depletion. On top of this, the US is aiming to reduce fossil fuel usage in research conducted on the continent. Daniel Gieseke (iii) Discuss the weaknesses of the Antarctic Treaty System. However, most of all, the Antarctic Treaty Members need to cope with the problem of cumulative impacts. Moreover, they need to organise their activities accordingly. It is a well-known and well-documented fact that the Antarctic icecaps are melting due to global warming. 2009. Australia, 13 Sept. 2011. [5] These claims are still actively being defended: K. Dodds, “Sovereignty watch: claimant states, resources, and territory in contemporary Antarctica”, Polar Record 2011, 231-242. N.p., 29 July 2014. Finally, even if the legal quagmire surrounding jurisdiction under the ATS were to be resolved, and even if the ATS were to find a way of enforcing its legislation against third states and their nationals, there would remain a problem with regard to the territorial scope of application of the Antarctic Treaty. Gabriella Maimon The melting of the ice, due to global warming, as well as technological advancements have resulted in an important increase in human activity. [25] For a discussion, see: S. Pannatier, ‘La protection du milieu naturel antarctique et le droit international de l’environnement’, European Journal of International Law 1996, Vol. “Lead Pollution Beat Explorers to South Pole, Persists Today.” NASA. ), The Law of the Sea and Polar Maritime Delimitation and Jurisdiction, The Hague, Martinus Nijhoff Publishers, 2001, 201-224. This raises the question of the application of these treaties to the Antarctic Treaty Area and of cooperation between the organisations founded by these treaties and the Antarctic Treaty Members. 20, 247-295; A.N. The funds gained from these taxes could then be used to fund a tourism secretariat, which could serve a twofold purpose. Contaminants & Remediation Directorate. Not all countries have implemented the Protocol in a sufficiently strict manner. The Antarctic Treaty bans all mining and mineral exploitation indefinitely, though this comes up for review in 2048 (in other words, it isn't really banned indefinitely at all). It entered into force in 1961 and has since been acceded to by many other nations. Web. “Australian Lead Mining Caused Early Antarctic Pollution.” The Sydney Morning Herald. Rothwell (eds. 4, 481-542. Although humans should realize that anthropogenic pollution is detrimental to earth as a whole, many nations neglect their contribution to international pollution. Contemporary scientists on and around the continent have observed pollution as it affects the domestic wildlife, hydrology, climate, and surrounding oceans. . However, there are certain weak points that keep it from being an all-encompassing success of international cooperation. 2012-86, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2151241, lastly consulted on 25 November 2013. This has prompted the different Antarctic claimant states to reassert their claim by making a submission, which has given rise to a renewed debate on the question of national sovereignty in the Antarctic. The tourism issues also raises fundamental questions about jurisdiction in Antarctica. Therefore, in a scenario of business-as-usual (meaning that Antarctica will get more crowded and hotter), the current legislation does not suffice. The treaty entered into force in 1961 and currently has 54 parties. Most of the objectives of the Antarctic Treaty and its system can be found in the preamble of the Antarctic Treaty itself: Three main objectives can be distilled from this part of the preamble. However, four recommendations can be made. [22] Some topics which were only briefly discussed during the workshop will not be discussed, while others will be only shortly discussed, such as the problems with regard to bioprospecting and the sovereignty issue. After all, the changed (and still changing) circumstances only challenge the Antarctic Treaty System in so far as they affect the possibility of reaching the objectives of this system. Senate. The article provides a timeline to the pollution levels claiming it started around 1900, and continued to rise with various fluctuations until it leveled off around 1990. However, the question of jurisdiction has still not been solved. The treaty foreshadowed compliance problems in the remote and hostile continent by including an open ended provision for any Antarctic Treaty Party to inspect any Antarctic facility. The stamp has a face value of eight cents. According to the research provided, 660 tons of lead made its way to Antarctica before any human laid foot on the continent. The Protocol on Environmental Protection to the Antarctic Treaty was instated in 1991. “Environmental Law.” Australian Antarctic Division. Molenaar, “Southern Ocean Fisheries and the CCAMLR Regime” in A.G. Oude Elferink and D.R. The treaty contains 14 articles which establish key elements essential to peaceful international coordination on the continent. In addition, the Treaty freezes territorial claims. NASA, 28 July 2014. Also, the growing need to determine the grounds for jurisdiction threatens to resurface the sovereignty issue, as the entering into force of several provisions of UNCLOS has already done to some degree. Other challenges might shortly be discussed in order to clarify the three challenges mentioned. 18 Dec. 2014. Secondly, some states also view the question of jurisdiction as a purely internal question for them. Research performed by scholars in different countries shows that these four objectives correspond greatly to what people around the world consider the main objectives for the Antarctic Treaty System should be. “Ozone Science: The Facts Behind the Phaseout | Ozone Layer Protection | US EPA.” EPA. Therefore, those who are opposed to more stringent environmental protection rules can easily base their opposition on scientific findings and theories, thus judging that there is no need to regulate more strictly. This is one of the great challenges, not only for the ATS, but also for every liberal society that wants to engage in environmental protection. 6, 25-62 and D.R. G.P.O., 1992. The treaty specifically states that the continent “shall continue forever to be used exclusively for peaceful purposes and shall not become the scene or object of international discord;” (Treaty, The Antarctica, 1959). N.p., n.d. People need to be taught how fragile the Antarctic environment and ecosystem are. The Antarctic Treaty System is, however, not entirely silent with regard to jurisdiction. (“21 October 2014.”, 2014), Lead pollution has found its way to Antarctica. [14] See for example: R. Davis and E. Lee, ‘Marine Environmental Protection and the Southern Ocean: The Maritime Jurisdictional Dimension of the Antarctic Treaty System’ in A.G. Oude Elferink and D.R. [42] Because of the uncertainty with regard to the legal status of ice, there is also a problem with the baseline—and thus the outer limits—of maritime zones. There are, however, certain exceptions to this principle. One-hundred thirty million were issued. The Antarctic Treaty. “Recognizing that it is in the interest of all mankind that Antarctica shall continue forever to be used exclusively for peaceful purposes and shall not become the scene or object of international discord; Acknowledging the substantial contributions to scientific knowledge resulting from international cooperation in scientific investigation in Antarctica; Convinced that the establishment of a firm foundation for the continuation and development of such cooperation on the basis of freedom of scientific investigation in Antarctica as applied during the International Geophysics Year accords with the interests of science and the progress of all mankind;”, “The protection of the Antarctic environment and dependent and associated ecosystems and the intrinsic value of Antarctica, including its wilderness and aesthetic values and its value as an area for the conduct of scientific research, in particular research essential to understanding the global environment, shall be fundamental considerations in the planning and conduct of all activities in the Antarctic Treaty area.”. However, since this article is based on the presentations and discussions at the academic workshop held on 25 May 2013, the challenges discussed will be limited to the challenges that were discussed during this workshop. Silvia Cohn Web. Until they were found to be detrimental to the Ozone Layer in the 1980s, they were frequently used. [32] Interesting articles with regard to the tourism issue are inter alia: K. Bastmeijer, “Tourism in Antarctica: Increasing Diversity and the Legal Criteria for Authorisation”, New Zealand Journal on Environmental Law 2003, Vol. [7] Other interesting texts in this regard are: A.D. Hemmings, “From the New Geopolitics of Resources to Nanotechnology: Emerging Challenges of Globalism in Antarctica”, Y.B. A third fundamental issue raised is whether the ATS has to be governed by consensus, since de facto every ATCP can now exercise a veto, which can easily lead to blockages in the Antarctic Treaty Consultative Meeting. Some authors state though that these claims should be abandoned: A.D. Hemmings, “Beyond Claims: Towards a Non-Territorial Antarctic Security Prism for Australia and New Zealand”, New Zealand Yearbook on International Law 2008, Vol. The effects took time and varied, though seabirds were those most affected. The Environmental Protocol does not go beyond damage control. On top of these regulations, the country has established the Heard Islands and McDonald Islands Marine Reserve. Kaye, “Territorial Sea Baselines Along Ice Covered Coasts: International Practice and Limits of the Law of the Sea”, Ocean Development & International Law 2004, Vol. Defenders of the consensus-system, however, respond that majoritarian decision-making would be the cause of lots of frictions, as they have seen happen in several other international organisations. : Tourism, Uncertainty, and Insecurity in Antarctica” in A-M. Brady (ed. The documentation of littered oil drums, sewage, and discarded human pollutants are the result of temporary human occupation on the continent from international organizations. Rothwell, “The Law of the Sea and the Antarctic Treaty System: Rougher Seas Ahead for the Southern Ocean?” in J. Jabour-Green and M. Haward (eds. Australian Antarctic Division, n.d. This will be a. 6, 3-23. It demilitarized the Antarctic Continent and provided for its cooperative exploration and future use. Parties to the 1959 Antarctic Treaty (Treaty)2 recently discussed Antarctica's future under the terms of a proposed With regard to the activities envisaged by this obligation, article 8.2 of this Protocol contains the wording ‘any activities undertaken in the Antarctic Treaty Area pursuant to scientific research programmes, tourism and all other governmental and non-governmental activities in the Antarctic Treaty Area for which advance notice is required under Article VII(5) of the Antarctic Treaty’. Web. Web. [10] For statistics, see: http://iaato.org/tourism-statistics. 7, 85-118; E.J. [40] For an application to the Antarctic Treaty, see: B. Simma, “The Antarctic Treaty as a Treaty Providing for an Objective Regime”, Cornell International Law Journal 1986, Vol. With the ending of IGY the threat arose that the moratorium too would end, letting the carefully worked out Antarctic structure collapse into its pre-IGY chaos.In the fall of 1957 the U.S. Department of State reviewed its Antarctic policy and sounded out agreements with the 11 other governments that were active in Antarctica during IGY. If the claimant states were not regarded as coastal states, no maritime territorial zones could exist. “Oil Spills in the Antarctic.” Classroom Antarctica. Lastly, the ATCPs should consider setting up partnerships with certain UN organisations and other international organisations, such as the International Maritime Organisation, the UN Environmental Program, and the World Tourism Organisation. In no way are these grounds for jurisdiction accepted by all member states to the ATS. Several nations have implemented sustainable practices domestically, as well as within Antarctica. “National Snow and Ice Data Center.” Quick Facts on Ice Sheets. Except for article VIII of the Antarctic Treaty, discussed below, there is no clue in the ATS as to how general criminal and civil law can be enforced. Canada, Mar. [44] Defending this point of view: C.A. Catherine Prunella These particulates destroy ozone during cold Antarctic winters when stratospheric clouds form, harboring small particulates, which are mostly human induced. 16 Dec. 2014. See: R. Davis, “Enforcing Australian Law in Antarctica: the HSI Litigation”, Melbourne Journal of International Law 2007, Vol. [18] See for example: M. Weber, “Delimitation of the continental shelves in the Antarctic Treaty area: lessons for regime, resource and environmental security” in A.D. Hemmings, D.R.
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