Implementing the Environmental Protection Regime for the Antarctic

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D. Vidas
Springer Science & Business Media, Sep 30, 2000 - Law - 446 pages
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When the Protocol on Environmental Protection to the Antarctic Treaty entered into force on 14 January 1998, a new phase commenced for the Antarctic Treaty System. The parties to the Protocol are today confronting issues related to the implementation of a complex international environmental protection regime, both in international and domestic contexts. Several crucial implementation questions need to be solved in order to enhance and make possible the implementation of the Protocol. What would be the consequences for the parties of a possible failure in resolving the pending implementation issues, on what premises can the solutions be based, and what, then, are the options available? This book provides a systematic overview of the implementation issues in sections on jurisdiction, control and enforcement in the Antarctic (Part I), institutional support to the implementation of the Protocol (Part II), normative support to the implementation of the Protocol: an Antarctic liability regime (Part III), relationship with other international instruments and arrangements (Part IV), and, through a series of selected case-studies, issues involved in domestic implementation of the Protocol (Part V). This is a book that will appeal to Antarctic specialists and to all those interested in environmental law and policy.
 

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Contents

Entry into Force of the Environmental Protocol and Implementation Issues An Overview
1
Means and Methods of Implementation of Antarctic Environmental Regimes and National Environmental Instruments An Exercise in Comparison
21
Port State Jurisdiction in Antarctica A New Approach to Inspection Control and Enforcement
45
Regulating Tourism in the Antarctic Issues of Environment and Jurisdiction
71
Institutional Issues for the Antarctic Treaty System with the Protocol in Force An Overview
93
The Committee for Environmental Protection Its Establishment Operation and Role within the Antarctic Treaty System
107
Establishment of an Antarctic Treaty Secretariat Pending Legal Issues
125
The ATS on the Web Introducing Modern Information Technology in Antarctic Affairs
141
Towards Guidelines for Antarctic Shipping A Basis for Cooperation between the Antarctic Treaty Consultative Parties and the IMO
243
The Antarctic Continental Shelf Beyond 200 Miles A Juridical Rubiks Cube
261
CCAMLR and the Environmental Protocol Relationships and Interactions
273
Implementing the Environmental Protocol Domestically An Overview
287
Australian Implementation of the Environmental Protocol
309
Implementation of the Antarctic Environmental Protocol by Chile History Legislation and Practice
337
A SelfExecuting Treaty? Italian Legislation and Practice in Implementing the Environmental Protocol
355
Norway Implementing the Protocol on Environmental Protection
379

Liability Annex or Annexes to the Environmental Protocol A Review of the Process within the Antarctic Treaty System
163
The Legal Need for an Antarctic Environmental Liability Regime
181
The Prospects for an Antarctic Environmental Liability Regime
199
Relationship between the Environmental Protocol and UNEP Instruments
221
South Africa Implementing the Protocol on Environmental Protection
399
The United States Legislation and Practice in Implementing the Protocol
417
Index
439
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