Convention on the Regulation of Antarctic Mineral Resource Activities

 

Article 3

Prohibition of Antarctic Mineral Resource Activities Outside this Convention
No Antarctic mineral resource activities shall be conducted except in accordance
with this Convention and measures in effect pursuant to it and, in the case of
exploration or development, with a Management Scheme approved pursuant to
Article 48 or 54.

Article 4

Principles Concerning Judgments on Antarctic Mineral Resource Activities

1 Decisions about Antarctic mineral resource activities shall be based upon
information adequate to enable informed judgments to be made about their
possible impacts and no such activities shall take place unless this
information is available for decisions relevant to those activities.

2 No Antarctic mineral resource activity shall take place until it is judged,
based upon assessment of its possible impacts on the Antarctic environment and
on dependent and on associated ecosystems, that the activity in question would
not cause:

(a) significant adverse effects on air and water quality;

(b) significant changes in atmospheric, terrestrial or marine environments;

(c) significant changes in the distribution, abundance or productivity of
populations of species of fauna or flora;

(d) further jeopardy to endangered or threatened species or populations of such
species; or

(e) degradation of, or substantial risk to, areas of special biological,
scientific, historic, aesthetic or wilderness significance.

3 No Antarctic mineral resource activity shall take place until it is judged,
based upon assessment of its possible impacts, that the activity in question
would not cause significant adverse effects on global or regional climate or
weather patterns.

4 No Antarctic mineral resource activity shall take place until it is judged
that:

(a) technology and procedures are available to provide for safe operations and
compliance with paragraphs 2 and 3 above;

(b) there exists the capacity to monitor key environmental parameters and
ecosystem components so as to identify any adverse effects of such activity and
to provide for the modification of operating procedures as may be necessary in
the light of the results of monitoring or increased knowledge of the Antarctic
environment or dependent or associated ecosystems; and

(c) there exists the capacity to respond effectively to accidents, particularly
those with, potential environmental effects.

5 The judgments referred to in paragraphs 2, 3 and 4 above shall take into
account the cumulative impacts of possible Antarctic mineral resource activities
both by themselves and in combination with other such activities and other uses
of Antarctica.

Article 5

Area of Application

1 This Convention shall, subject to paragraphs 2, 3 and 4 below, apply to the
Antarctic Treaty area.

2 Without prejudice to the responsibilities of The Antarctic Treaty Consultative
Parties under The Antarctic Treaty and measures pursuant to it, the Parties
agree that this Convention shall regulate Antarctic mineral resource activities
which take place on the continent of Antarctica and all Antarctic islands,
including all ice shelves, south of 60 degrees south latitude and in the seabed
and subsoil of adjacent offshore areas up to the deep seabed.

3 For the purposes of this Convention “deep seabed”means the seabed and subsoil
beyond the geographic extent of the Continental Shelf as the term continental
shelf is defined in accordance with international law.

4 Nothing in this Article shall be construed as limiting the application of
other Articles of this Convention in so far as they relate to possible impacts
outside the area referred to in paragraphs 1 and 2 above, including impacts on
dependent or on associated ecosystems.

 

Article 6

Cooperation and International Participation

In the implementation of this Convention cooperation within its framework shall
be promoted and encouragement given to international participation in
Antarctic mineral resource activities by interested Parties which are Antarctic
Treaty Consultative Parties and by other interested Parties, in particular,
developing countries in either category. Such participation may be realised
through the Parties themselves and their Operators.

 

Article 7

Compliance with this Convention

1 Each Party shall take appropriate measures within its competence to ensure
compliance with this Convention and any measures in effect pursuant to it.

2 If a Party is prevented by the exercise of jurisdiction by another Party from
ensuring compliance in accordance with paragraph 1 above, it shall not, to the
extent that it is so prevented, bear responsibility for that failure to ensure
compliance.

3 If any jurisdictional dispute related to compliance with this Convention or
any measure in effect pursuant to it arises between two or more Parties, the
Parties concerned shall immediately consult together with a view to reaching a
mutually acceptable solution.

4 Each Party shall notify the Executive Secretary, for circulation to all other
Parties, of the measures taken pursuant to paragraph 1 above.

5 Each Party shall exert appropriate efforts, consistent with the Charter of the
United Nations, to the end that no one engages in any Antarctic mineral
resource activities contrary to the objectives and principles of this
Convention.

6 Each Party may, whenever it deems it necessary, draw the attention of the
Commission to any activity which in its opinion affects the implementation of
the objectives and principles of this Convention.

7 The Commission shall draw the attention of all Parties to any activity which,
in the opinion of the Commission, affects the implementation of the objectives
and principles of this Convention or the compliance by any Party with its
obligations under this Convention and any measures in effect pursuant to it.

8 The Commission shall draw the attention of any State which is not a Party to
this Convention to any activity undertaken by that State, its agencies or
instrumentalities, natural or juridical persons, ships, aircraft or other means
of transportation which, in the opinion of the Commission, affects the
implementation of the objectives and principles of this Convention. The
Commission shall inform all Parties accordingly.

9 Nothing in this Article shall affect the operation of Article 12(7) of this
Convention or Article VIII of the Antarctic Treaty.

 

 

 

Author: international

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