The Uncertain Fate of the Madrid Protocol to the Antarctic Treaty in the Maritime Area

The objective of the Madrid Protocol on Environmental Protection to the Antarctic Treaty is to provide a comprehensive regime for the protection of the Antarctic environment and to preserve its value as an area for scientific research. Some Treaty nations have interpreted the reach of the Protocol to be limited with respect to the marine environment. Important environmental safeguards have not been enacted in this area, casting the effectiveness of the Protocol into doubt. This paper examines three artifacts of regime design leading to the Protocol's uncertain fate in the Antarctic maritime area and makes several recommendations for improved effectiveness.