Analysis Of Antarctic Environmental Protection System

Environment is always the concern of Antarctic consultative treaty meetings. Based on Antarctic Treaty as the constitution of the Antarctic, ATCMs have adopted a series of recommendations,decisions. The Protocol on Environmental Protection to the Antarctic Treaty adopted in the 1991 establishes the legal frame for comprehensive environmental protection. The protocol six appendices had provided six concrete systems. The environmental impact assessment system whose vague language leads to the difference of the domestic implementing is utilization of the precautionary principle in the Antarctic environmental protection. The term"less/more than a minor or transitory impact"determine the level of EIA(PA,IEE,CEE). For all activities, a PA is required and if an activity is determined as having less than a minor or transitory impact and the activity may proceed forthwith. If it is determined that the impacts be more than"less than minor or transitory", an IEE must be prepared, unless a CEE is being prepared. A CEE is required if it is determined that a proposed activity is likely to have more than a minor or transitory impact. What is the"minor or transitory impact"is left open by the Protocol. Who can make the decision were not clearly answered in the Protocol. However, when incorporating the elements of the Protocol into the domestic legal system, clear choices must be made on who is subjected to the domestic law. Whether the foreign tourism operator carrying its nationals is included or whether the national take part in the tourism operator is subject to the domestic law. The Antarctic low ability of the decomposition of the waste results in the specialty of the management of waste. Therefore there is difference in the domestic implementing legislation. Without the protocol, the Antarctic Treaty System deals with the waste according to the type of the activity producing the waste, while the protocol regulates the waste by the types. As far as the boundary move of the waste is concerned, the protocol is supplemented by the Basel Convention on Control of Transboundary Movements of Hazardous Wastes and their Disposal and Bamako Convention. The waste from the vessel is subject to the International Convention for the Prevention of Pollution from Ships.