The Protocol On Environmental Protection To The Antarctic Treaty Part 2 Notes

International Environmental Law Lecture 7th April 2011: The Protocol on Environmental Protection to the Antarctic Treaty: Annexes I-V: * Annexes I-IV were brought in by Article 9, V was added in 1991. * None apply to situations of emergency (to the safety of life or ships, aircraft or equipment or facilities of high value). Annex I EIA (Environmental Impact Assessment). * EIA and monitoring systems are t obe adopted internally by the parties. If activity has less than minor or transitory impact, can proceed forthwith. Otherwise, initial assessment (if activity is likely to have more than minor or transitory effects) and/or comprehensive assessment that must go thruogh the ATCM (Antarctic Treaty Consultative Meeting, where ATCPs look at it). Point of differentiation is the line that "minor or transitory" draws. Have to make a judgement about whether it is in fact minor or transitory. Annex doesn't define these terms!! Problematic. # Annex I: Requires states to do two things: * EIA system - looking at the likely effects of an activity and assess those effects. If it should proceed, what limits or controls should be placed upon it. * Monitoring. Not much point having an EIA unless you have monitoring. Annex II: Conservation of Antarctic Flora and Fauna. * This uses a system that we are okay with in NZ - 'permit' system. Can't do X, and if you want to do X you have to get a permit, and there will be factors in whether or not to grant permits. Annex II requires permits for 'taking' or 'harmful interference' (see definitions in Article I). Take includes 'capture, remove or damage.. etc'. Permits are limited, Article 3.3. Ban on the introduction of new species into antarctica. * This is important with the sensitive environment that we are talking about. This is one of the main problems with tourism - introduction of new organisms. Does not derogate from the ICRW (International Convention on the Regulation of Whaling). So couldn't argue that you needed a permit under Annex II to take a whale. Annex III: Waste Disposal and Management. * Seeks to minimise the production and disposal of waste in Antarctica, to make waste storage or removal or disposal an essential consideration in the planning and conduct of activities in Antarctica, to clean up waste storage/disposal sites. Annex IV: Prevention of Marine Pollution * Bans the discharge of oil or oily mix into the sea, garbage into the sea, discharge of noxious liquids into the marine environment, discharge of sewage within 12 nautical miles. Links in with MARPOL. The exceptions are key (emergencies, sovereign immunity, care taken). If you are a vessel that has sovereign immunity e.g. warship then you aren't bound by this. Or if you've taken all reasonable care to ensure that your vessel doesn't discharge oil but it nevertheless does, that's okay too. Annex V: Area Protection: * ASPAs (Antarctic Specially Protected Area) (Can't go into these areas, and need special permission to go in) and ASMAs (Antarctic Specially Managed Area). Reservation system. Allows for setting aside ASPAs and ASMAs. Some of those areas are things you might expect, e.g. penguin colonies, places where birds like to go (ASPAs). ASMAs more cultural

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