By Davor Vidas (auth.), Davor Vidas (eds.)
When the Protocol on Environmental security to the Antarctic Treaty entered into strength on 14 January 1998, a brand new part began for the Antarctic Treaty approach. The events to the Protocol are at the present time confronting concerns regarding the implementation of a posh foreign environmental security regime, either in foreign and family contexts. a number of the most important implementation questions have to be solved with the intention to increase and make attainable the implementation of the Protocol. What may be the outcomes for the events of a potential failure in resolving the pending implementation matters, on what premises can the ideas be established, and what, then, are the choices on hand? This ebook offers a scientific review of the implementation matters in sections on jurisdiction, keep watch over and enforcement within the Antarctic (Part I), institutional aid to the implementation of the Protocol (Part II), normative help to the implementation of the Protocol: an Antarctic legal responsibility regime (Part III), dating with different overseas tools and preparations (Part IV), and, via a chain of chosen case-studies, matters keen on family implementation of the Protocol (Part V). this can be a e-book that may entice Antarctic experts and to all these drawn to environmental legislation and policy.
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Extra info for Implementing the Environmental Protection Regime for the Antarctic
Ensuring the implementation of the Protocol requires the introduction of innovative mechanisms for control and enforcement in the Antarctic - all of which must be related to the need to establish an effective jurisdiction over activities in the Antarctic Treaty area. The Antarctic Treaty regulates jurisdiction in quite a limited manner,40 failing to resolve the question of jurisdiction over nationals of Treaty parties who are not observers or exchanged scientists; nor does the Treaty address the question of jurisdiction over nationals of third states.
52 This acknowledgement was reiterated and strengthened by the UN General Assembly resolution on the 'Question of Antarctica' of January 1997,53 which also postponed any further discussion on that item until the 1999 General Assembly session54 . While the emphasis on the UN General Assembly-based critique has been signifIcantly toned down, if not subdued completely, the implementation of the Environmental Protocol diverts the focus to the relationship of the ATS to several other international organisations, also of the 'UN family', including the International Maritime Organisation, the UN Environmental Programme, and not least the institutions established under the 1982 UN Convention 51 The first such risk assessment appeared only in 1999: COMNAP, 'An Assessment of Environmental Emergencies Arising from Activities in Antarctica', doc.
57 See para. 8 of the Final Act. , para. 7. Entry into Force o/the Protocol and Implementation Issues 17 It is Part IV of this book that is devoted to the exploration of various international regime relationships over implementation issues. Implementing the Environmental Protocol Domestically The fmal part of the book contains domestic case-studies that analyse, in separate chapters, the implementation of the Protocol in several countries, all Consultative Parties to the Antarctic Treaty: Australia, Chile, Italy, Norway, South Africa, and the United States.
Implementing the Environmental Protection Regime for the Antarctic by Davor Vidas (auth.), Davor Vidas (eds.)