The polar regions: Antarctica and the Arctic

Question 1

In what way has the Antarctic region played an important role?

Answer 1

The Antarctic treaty regime has contributed significantly to the development of institutional and procedural techniques, which has been applied in other areas of int. environmental law. Contributed to the progressive development of rules and techniques relating to information exchange, scientific advisory processes, EIA, observation and inspection, the management of waste streams, liability for environmental damage, enforcement procedures and institutional arrangement.

Question 2

Which treaties does the Antarctic region compose of?

Answer 2

• the Antarctic treaty (1959): ‘freezes’ national claims to the continent. Incidententally contribute to the environment
• antarctic seals convention (1972): applies to an area within the 1959 treaty, concervation of seals, limits to kill and capture, no institution
• CCAMLR (the 1980 convention on the conservation of antarctic marine living resources): conservation and rationale use of the living resources in the Antarctic treaty area and the surrounding are that forms part of the Antarctic marine ecosystem, EIA first introduced in a multilateral convention
• CRAMRA (the 1988 convention on the regulation of antarctic mineral resource activities): rules, procedures and institutions going significantly beyond anything prior in int. law, never entered into force
• the antarctic environmental protocol (1991) to the Antarctic treaty: no reservations permitted, the most comprehensive and stringent regime of environmental protection rules in the world, rules on cooperation, guiding principles to support environmental protection (EIA, monitoring of impacts and possible unforeen effects)

Question 3

What is a main difference between the Antarctic region and the Arctic region?

Answer 3

The Arctic regions consists of sovereign states, the Antarctic does not fall under any claim of a sovereign state and is only used for peaceful purposes, including scientific research, giving states only a consultative and preservation status of the living resources of the Antarctic

Question 4

Which states make up the Arctic region?

Answer 4

Canada, Denmark, Finland, Iceland, Norway, Sweden, Russia and the USA

Question 5

What resulted into the adoptation of the arctic environmental protection stategy (AEPS) and what is its aim?

Answer 5

In 1989, on the initiative of Finland, the 8 states began cooperation on measures to combat threats to the Artic ecosystem that could not effectively be addressed by each acting alone. The treaty seeks to ‘ensure the protection of the Artic environment and its sustainable and equitable development, while protecting the cultures of indigenous peoples’.

Question 6

What are the objectives in the AEPS?

Answer 6

• protection of the Arctic ecosystem
• protection, enhancement and restoration of the environmental quality and sustainable utilisation of natural resources
• recognition and accommodation of the needs, values and practices of indigenous peoples
• reviewing the state of the Arctic environment
• identifying, reducing and eliminating pollution

Question 7

What does the Artic council do?

Answer 7

Provides a mechanism for coordination the Arctic states activities in the region (cooperation forum) and to oversee and coordinate the programmes established under the AEPS (non-binding treaty). It cannot make binding decisions. They primarily work with environmental protection and monitoring, human development and marine environment (military security specifically excluded)