Protocol on Environmental Protection

 

ARTICLE 1

DEFINITIONS

For the purposes of this Protocol:

(a) “The Antarctic Treaty “means The Antarctic Treaty done at
Washington on 1 December 1959;

(b) “Antarctic Treaty area”means the area to which the provisions of
the Antarctic Treaty apply in accordance with Article VI of that
Treaty;

(c) “Antarctic Treaty Consultative Meetings”means the meetings
referred to in Article IX of the Antarctic Treaty;

(d) “Antarctic Treaty Consultative Parties”means the Contracting
Parties to the Antarctic Treaty entitled to appoint representatives
to participate in the meetings referred to in Article IX of that
Treaty;

(e) “Antarctic Treaty system”means the Antarctic Treaty, the measures
in effect under that Treaty, its associated separate international
instruments in force and the measures in effect under those
instruments;

(f) “Arbitral Tribunal”means the Arbitral Tribunal established in
accordance with the Schedule to this Protocol, which forms an
integral part thereof;

(g) “Committee”means the Committee for Environmental Protection
established in accordance with Article 11.

ARTICLE 2

OBJECTIVE AND DESIGNATION

The Parties commit themselves to the comprehensive protection of the
Antarctic environment and dependent and associated ecosystems and hereby
designate Antarctica as a natural reserve, devoted to peace and science.

ARTICLE 3

ENVIRONMENTAL PRINCIPLES

1. 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.

2. To this end:

(a) activities in the Antarctic Treaty area shall be planned and
conducted so as to limit adverse impacts on the Antarctic
environment and dependent and associated ecosystems;

(b) activities in the Antarctic Treaty area shall be planned and
conducted so as to avoid:

(i) adverse effects on climate or weather patterns;
(ii) significant adverse effects on air or water quality;
(iii) significant changes in the atmospheric, terrestrial
(including aquatic), glacial or marine environments;
(iv) detrimental changes in the distribution, abundance or
productivity of species or populations of species of fauna
and flora;
(v) further jeopardy to endangered or threatened species or
populations of such species; or
(vi) degradation of, or substantial risk to, areas of biological,
scientific, historic, aesthetic or wilderness significance;

(c) activities in the Antarctic Treaty area shall be planned and
conducted on the basis of information sufficient to allow prior
assessments of, and informed judgments about, their possible
impacts on the Antarctic environment and dependent and associated
ecosystems and on the value of Antarctic for the conduct of
scientific research; such judgments shall take full account of:

(i) the scope of the activity, including its area, duration and
intensity;
(ii) the cumulative impacts of the activity, both by itself and in
combination with other activities in the Antarctic Treaty
area;
(iii) whether the activity will detrimentally affect any other
activity in the Antarctic Treaty area;
(iv) whether technology and procedures are available to provide
for environmentally safe operations;
(v) whether there exists the capacity to monitor key
environmental parameters and ecosystem components so as to
identify and provide early warning of any adverse effects of
the activity and to provide for such modification of
operating procedures as may be necessary in the light of the
results of monitoring or increased knowledge of the Antarctic
environment and dependent and associated ecosystems; and
(vi) whether there exists the capacity to respond promptly and
effectively to accidents, particularly those with potential
environmental effects;

(d) regular and effective monitoring shall take place to allow
assessment of the impacts of ongoing activities, including the
verification of predicted impacts;

(e) regular and effective monitoring shall take place to facilitate
early detection of the possible unforeseen effects of activities
carried on both within and outside the Antarctic Treaty area on the
Antarctic environment and dependent and associated ecosystems.

3. Activities shall be planned and conducted in the Antarctic Treaty
area so as to accord priority to scientific research and to preserve the
value of Antarctica as an area for the conduct of such research,
including research essential to understanding the global environment.

4. 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 in accordance with Article VII (5) of the
Antarctic Treaty, including associated logistic support activities,
shall:

(a) take place in a manner consistent with the principles in this
Article; and

(b) be modified, suspended or cancelled if they result in or threaten
to result in impacts upon the Antarctic environment or dependent or
associated ecosystems inconsistent with those principles.

ARTICLE 4

RELATIONSHIP WITH THE OTHER COMPONENTS
OF THE ANTARCTIC TREATY SYSTEM

1. This Protocol shall supplement the Antarctic Treaty and shall neither
modify nor amend that Treaty.

2. Nothing in this Protocol shall derogate from the rights and
obligations of the Parties to this Protocol under the other international
instruments in force within the Antarctic Treaty system.

ARTICLE 5

CONSISTENCY WITH THE OTHER COMPONENTS
OF THE ANTARCTIC TREATY SYSTEM

The Parties shall consult and co-operate with the Contracting Parties to
the other international instruments in force within the Antarctic Treaty
system and their respective institutions with a view to ensuring the
achievement of the objectives and principles of this Protocol and
avoiding any interference with the achievement of the objectives and
principles of those instruments or any inconsistency between the
implementation of those instruments and of this Protocol.

 

Author: international

Mentioned in these Entries

Environment and Wildlife conventions, International Conventions from 1991, List of Environmental Law e-Journals, Other Environmental conventions, Protocol on Environmental Protection 2, Protocol on Environmental Protection 3, Protocol on Environmental Protection 4, Protocol on Environmental Protection 5, The Antarctic Treaty.