Convention On The Conservation Of Antarctic Marine Living Resources Notes

31st March 2011: International Environmental Law Convention on the Conservation of Antarctic Marine Living Resources: Preamble: * Notes importance of environmental protection of surrounding seas of Antarctica. Antarctic treaty excludes the high seas and focuses on the land mass. CCAMLR focuses on the high seas, and the relationship of CCAMLR with the AT system; potential problem of krill, prime responsibilities of the ATCPs, especially Article IX(1)(f) (agreed measures on the preservation and conservation of living resources). * Very important. This is the whole thing that drove the AT - and any group of parties that get together to make international law on Antarctica have to recognise that the AT is in force, and see themselves as having a special position in respect of the conservation/preservation of Antarctica. * Need to conserve AMLR, for knowledge on which to base harvesting, for international cooperation with due regard for AT and existing interests in research and harvesting ... interests of all mankind in preserving antarctic waters for peaceful purposes - need to establish a suitable machinery to make measures and scientific studies. What CCAMLR really does is establish the Commission (the 'suitable machinery') which can make measures and conduct studies. Objectives and Principles of CCAMLR: * Scope: In Article 1: 60 degrees south, and Antarctic convergence (a water-line where the cold currents from Antarctica meet with the warmer subtropical and tropical currents. Not a line fixed on a map. Marked by the convergence of these waters.) This is an area of change from these two ecosystems. CCAMLR applies to fish, molluscs, crustaceans, birds, and 'all other species of living organism' but not seals or whales (Article VI). People really like that it includes 'all other...', because it's not just focused on a specific species or groups of species. * The reason that seals and whales are excluded is Article VI - CCAMLR is not to interfere on Seals Convention or Whales Convention. * Article II: Objective is the conservation of AMLR (Antarctic Marine Living Resources), including rational use. We mean 'sustainable use' conservation. * All harvesting 'and associated activities' shall be conducted in accordance with 3 principles: # CM C-2. (See materials, were read out in class). Idea of sustainable use conservation, not 'nil use' conservation. Convention is trying to regulate harvesting. See lecture slides for quotes from readings. Redgwell, Baird, and Basson and Beddington. - Compromise between exploitation and protection // MSY Approch by harvesting states and conservation sought by non-harvesting states - Burden of proof rests with conservationists - if you want to argue that harvesting is contrary to CCAMLR then you need to argue that it breaches the principles, because CCAMLR does not say 'can't harvest unless principles are satisfied', they say 'CAN harvest unless principles ARE NOT satisfied'. This is a criticism of most environmental regulation worldwide. The 'status quo' (i.e. harvesting) is favoured as the starting point rather than the other way

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