Part III: Antarctica and Academe - Scott Polar Research Institute

CRAMRA applies to the area south of 60√S including the seabed up to the deep
seabed beyond the continental shelf; it applies to fossil fuels (hydrocarbons) and
metallic and non-metallic minerals, but not to ice - there was agreement that
further consideration of harvesting icebergs (for fresh water) was necessary.
Also, a separate protocol on liability is still needed. This convention is much
longer than other agreements within the Antarctic Treaty System, containing 65
Articles, which cannot be considered here in any detail. The basic concept is to
agree obligations and machinery necessary to establish a legal basis as a means to
determine where and under what conditions mineral resources exploration and
development should occur. In view of the uncertainties attending this issue,
instead of drawing up detailed provisions, a mechanism has been established
under which detailed terms and conditions would be set if and when a need
arises. The objectives and general principles are set out; response action and
liability if environmental damage is threatened is addressed; the legal position
under Article IV of the Antarctic Treaty (sovereignty matters) is protected; there
are provisions dealing with inspection, protected areas, respect for other uses of
the Antarctic; exchange of information; the establishment of a Commission and an
Advisory Committee; the possible establishment of Regulatory Committees; the
possible establishment of a Secretariat; decision-making, liability, and provision
for settlement of disputes; and an outline of mechanisms leading eventually to
mineral resource development.
In summary, prospecting, the initial stage, would not require prior authorization
but would be subject to general environmental standards and safety standards.
The next stages, exploration and development require authorizations by the
institutions to be set up to grant exclusive rights to individual operators. This
includes provision that no minerals resource activities should take place until
their possible impacts can be judged and it is shown that there will not be adverse
environmental impacts. As the need arises the Commission will identify areas,
for resource management purposes, in logical resource management units. Then
specific requests for exploration and development would be elaborated and
subsequently specific proposals would be considered. A Regulatory Committee
would be established for each area as it was identified, comprising the parties
most interested in that area. Each committee would be composed of about l0
members, including one or more claimant states, up to 6 non-claimants, with
adequate representation of developing countries (up to 3). The Regulatory
Committee would set out the requirements to which the applicants must conform
- subject to review by the Commission. Each Regulatory Committee would then
be responsible for judging the specific application, and if approval were given
would monitor the conduct of any operations, including the review of proposals
to proceed from the exploration phase to development.
This then is the Antarctic Treaty System, which now applies to a tenth of the
Earth's surface. As human activities there have grown the Antarctic Treaty
Consultative Parties have responded with additional measures and conventions
to regulate the expanded activities. Each time a new measure is agreed the
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