Store International The Antarctic Environmental Protocol and its Domestic Legal Implementation
The Antarctic Environmental Protocol and its Domestic Legal Implementation

The Antarctic Environmental Protocol and its Domestic Legal Implementation

By Kees Bastmeijer
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Overview
A major step towards the comprehensive protection of the Antarctic environment is the adoption of the Protocol on Environmental Protection to the Antarctic Treaty in 1991. The Protocol entered into force in January 1998 and provides a comprehensive system of obligations and prohibitions addressing most types of activities in the region south of 60 degrees south latitude. However, because of the absence of undisputed sovereignty in Antarctica, the legal protection of the Antarctic environment depends on the collective efforts of the Contracting Parties to the Protocol. Have the Contracting Parties adequately incorporated the key provisions of the Protocol into their domestic legal systems? Will the complex of domestic legal systems of the Contracting Parties adequately ensure a 'comprehensive protection' of the 'natural reserve' of Antarctica, as specified by Article 2 of the Protocol? These questions are the subject of this book.
Publish Date 04/01/2003
Product Line Kluwer Law International
ISBN 9789041120649
SKU 10058604-0001
Table of Contents
Series Editors' Preface, Preface and acknowledgements, List of abbreviations Introduction Chapter 1 Introduction to the Antarctic Treaty System and the objective of this book 1 Introduction 2 Characteristics of Antarctica and of the human presence in Antarctica 3 International management of the Antarctic: the Antarctic Treaty System 4 The Protocol on environmental protection 5 Objective of this book 6 Scope of the analysis 7 Methodology 8 Structure PART I Environmental protection in Antarctica and the domestic implementation of the Protocol General concepts Chapter 2 Environmental protection in Antarctica 1 Introduction 2 The roots of the Protocol: environmental protection in the ATS 3 The Protocol: negotiations, added value and completeness 4 The relationship between the Protocol and other international agreements 5 Conclusion Chapter 3 Introduction to the domestic implementation of the Protocol 1 Introduction 2 Factors influencing the domestic implementation of the Protocol 3 Domestic legal implementation of the Protocol: some general concepts 4 Practical implementation of the Protocol: some general concepts 5 International attention to the domestic implementation process since 1991 6 The selected Contracting Parties 7 Conclusions PART II The domestic legal implementation of the Protocol by the Contracting Parties Chapter 4 Scope: geographical area, protected values and jurisdiction A. Introduction B. The Protocol C Discussion of the domestic legal implementation D Conclusions Chapter 5 Environmental Impact Assessment A. Introduction B. The Protocol C. Discussion of the domestic legal implementation D. Conclusions Chapter 6 Authorizing activities in Antarctica A. Introduction B. The Protocol C. Discussion of the domestic legal implementation D. Conclusions Chapter 7 Supervision and enforcement A. Introduction B. The Protocol. C. Discussion of the domestic legal implementation D. Conclusions Chapter 5 Conclusions PART III Conclusions and recommendations Chapter 8 The Protocol and its domestic legal implementation: joint protection of a natural reserve? 1 Legal protection of the Antarctic environment: two key questions 2 The domestic legal implementation of the Protocol by the selected Contracting Parties: an overview 3 'Comprehensive protection' of Antarctica through the complex of domestic legal systems 4 Strengthening joint management in Antarctica 5 Final remarks, Annex, Bibliography and Index, Annex: Domestic Antarctic legislation and selection of documents, Bibliography, Index

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