Protocol on Environmental Protection 3

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Protocol on Environmental Protection

 

ARTICLE 13

COMPLIANCE WITH THIS PROTOCOL

1. Each Party shall take appropriate measures within its competence,
including the adoption of laws and regulations, administrative actions
and enforcement measures, to ensure compliance with this Protocol.

2. Each Party shall exert appropriate efforts, consistent with the
Charter of the United Nations , to the end that no one engages in any
activity contrary to this Protocol.

3. Each Party shall notify all other Parties of the measures it takes
pursuant to paragraphs 1 and 2 above.

4. Each Party shall draw the attention of all other Parties to any
activity which in its opinion affects the implementation of the
objectives and principles of this Protocol.

5. The Antarctic Treaty Consultative Meetings shall draw the attention
of any State which is not a Party to this Protocol to any activity
undertaken by that State, its agencies, instrumentalities, natural or
juridical persons, ships, aircraft or other means of transport which
affects the implementation of the objectives and principles of this
Protocol.

ARTICLE 14

INSPECTION

1. In order to promote the protection of the Antarctic environment and
dependent and associated ecosystems, and to ensure compliance with this
Protocol, The Antarctic Treaty Consultative Parties shall arrange,
individually or collectively, for inspections by observers to be made in
accordance with Article VII of the Antarctic Treaty.

2. Observers are:

(a) observers designated by any Antarctic Treaty Consultative Party
who shall be nationals of that Party; and

(b) any observers designated at Antarctic Treaty Consultative
Meetings to carry out inspections under procedures to be
established by an Antarctic Treaty Consultative Meeting.

3. Parties shall co-operate fully with observers undertaking
inspections, and shall ensure that during inspections, observers are
given access to all parts of stations, installations, equipment, ships
and aircraft open to inspection under Article VII (3) of the Antarctic
Treaty, as well as to all records maintained thereon which are called for
pursuant to this Protocol.

4. Reports of inspections shall be sent to the Parties whose stations,
installations, equipment, ships or aircraft are covered by the reports.
After those Parties have been given the opportunity to comment, the
reports and any comments thereon shall be circulated to all the Parties
and to the Committee, considered at the next Antarctic Treaty
Consultative Meeting, and thereafter made publicly available.

ARTICLE 15

EMERGENCY RESPONSE ACTION

1. In order to respond to environmental emergencies in the Antarctic
Treaty area, each Party agrees to:

(a) provide for prompt and effective response action to such
emergencies which might arise in the performance of scientific
research programmes, tourism and all other governmental and
nongovernmental activities in the Antarctic Treaty area for which
advance notice is required under Article VII (5) of the Antarctic
Treaty, including associated logistic support activities; and

(b) establish contingency plans for response to incidents with
potential adverse effects on the Antarctic environment or dependent
and associated ecosystems.

2. To this end, the Parties shall:

(a) co-operate in the formulation and implementation of such
contingency plans; and

(b) establish procedures for immediate notification of, and
co-operative response to, environmental emergencies.

3. In the implementation of this Article, the Parties shall draw upon
the advice of the appropriate international organisations.

ARTICLE 16

LIABILITY

Consistent with the objectives of this Protocol for the comprehensive
protection of the Antarctic environment and dependent and associated
ecosystems, the Parties undertake to elaborate rules and procedures
relating to liability for damage arising from activities taking place in
the Antarctic Treaty area and covered by this Protocol. Those rules and
procedures shall be included in one or more Annexes to be adopted in
accordance with Article 9 (2).

ARTICLE 17

ANNUAL REPORT BY PARTIES

1. Each Party shall report annually on the steps taken to implement this
Protocol. Such reports shall include notifications made in accordance
with Article 13 (3), contingency plans established in accordance with
Article 15 and any other notifications and information called for
pursuant to this Protocol for which there is no other provision
concerning the circulation and exchange of information.

2. Reports made in accordance with paragraph 1 above shall be circulated
to all Parties and to the Committee, considered at the next Antarctic
Treaty Consultative Meeting, and made publicly available.

ARTICLE 18

DISPUTE SETTLEMENT

If a dispute arises concerning the interpretation or application of this
Protocol, the parties to the dispute shall, at the request of any one of
them, consult among themselves as soon as possible with a view to having
the dispute resolved by negotiation, inquiry, mediation, conciliation,
arbitration, judicial settlement or other peaceful means to which the
parties to the dispute agree.

ARTICLE 19

CHOICE OF DISPUTE SETTLEMENT PROCEDURE

1. Each Party, when signing, ratifying, accepting, approving or acceding
to this Protocol, or at any time thereafter, may choose, by written
declaration, one or both of the following means for the settlement of
disputes concerning the interpretation or application of Articles 7, 8
and 15 and, except to the extent that an Annex provides otherwise, the
provisions of any Annex and, insofar as it relates to these Articles and
provisions, Article 13:

(a) the International Court of Justice ;

(b) the Arbitral Tribunal.

2. A declaration made under paragraph 1 above shall not affect the
operation of Article 18 and Article 20 (2).

3. A Party which has not made a declaration under paragraph 1 above or
in respect of which a declaration is no longer in force shall be deemed
to have accepted the competence of the Arbitral Tribunal.

4. If the parties to a dispute have accepted the same means for the
settlement of a dispute, the dispute may be submitted only to that
procedure, unless the parties otherwise agree.

5. If the parties to a dispute have not accepted the same means for the
settlement of a dispute, or if they have both accepted both means, the
dispute may be submitted only to the Arbitral Tribunal, unless the
parties otherwise agree.

6. A declaration made under paragraph 1 above shall remain in force
until it expires in accordance with its terms or until three months after
written notice of revocation has been deposited with the Depositary.

7. A new declaration, a notice of revocation or the expiry of a
declaration shall not in any way affect proceedings pending before the
International Court of Justice or the Arbitral Tribunal, unless the
parties to the dispute otherwise agree.

8. Declarations and notices referred to in this Article shall be
deposited with the Depositary who shall transmit copies thereof to all
Parties.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Charter of the United Nations, International Court of Justice, Protocol on Environmental Protection, The Antarctic Treaty.

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