Cleaning up after human activity in Antarctica: legal obligations and remediation realities

National Antarctic Programmes do not have a strict legal obligation to remediate the Antarctic environment following human activity. The Protocol on Environmental Protection to the Antarctic Treaty (the “Madrid Protocol”) obliges parties to conduct environmental impact assessments to prevent adverse impacts on the polar environment and to “clean up” pollution from waste disposal sites. The obligations stemming from the Madrid Protocol are not clearly defined, and give potential scope for parties to neglect past sites of human activity on the continent. This scope is narrowed by the work of the Committee for Environmental Protection in implementing clear practical clean‐up guidelines for National Antarctic Programmes based on scientific‐based recommendations from the Antarctic Treaty Parties. Despite better modern practice, Parties are still faced with damage from past activities. Some of these sites are deemed to be “beyond help.” This article proposes that rather than abandoning waste disposal sites because of widely acknowledged difficulties, that National Antarctic Programmes prioritize research into restorative methodologies and techniques, while increasing cooperation with other parties to overcome the enormous logistical and economic costs of cleaning up pollution in Antarctica.     

Protection of the antarctic ecosystem: A study in international environmental law

Abstract

The Antarctic region constitutes a fragile eco‐system closely related to the unique features of the physical environment of that continent. The Antarctic Ocean is central to the region's living systems, with krill as the ecological basis of life in the ocean and on land. So far, man's impact upon the Antarctic environment has been negligible, but there is concern that overharvesting of krill and possible marine pollution resulting from any future offshore oil exploration may undermine the krill basis of the Antarctic ecosystem. The legal status of Antarctica is largely determined by the 1959 Antarctic Treaty, and especially by the inner circle of the currently fourteen “consultative”; status signatories. These states have given high priority to ecological considerations by enacting a series of environmental and conservationist regulations, as well as two conventions, one protecting the Antarctic seals and the other marine living resources in general. Environmental regulations will form an important part of the legal regime for the exploration and exploitation of the Antarctic mineral resources, primarily oil and gas. The Antarctic Treaty framework does not legally bind nonsignatory states, but under general international law all states are bound to refrain from inflicting damage upon the planet's environment. Also, some marine pollution conventions apply to the Antarctic waters, and the 1982 U.N. Convention on the Law of the Sea comprehensively covers the protection and preservation of the marine environment of all oceans and seas. The preservation of the Antarctic environment will remain a high priority irrespective of what legal regime will govern Antarctica after 1991 when the Antarctic Treaty may, and most probably will, be subject to review.     

Antarctica and the law of the sea: An introductory overview

Abstract

This article examines the potential for conflict between the Antarctic Treaty regime and the Convention recently produced by the Third United Nations Conference on the Law of the Sea. Should the UNCLOS III Convention enter into force, at least six issue‐areas seem susceptible to future controversy in Antarctic waters, namely (1) seaward territorial limits; (2) resource management and conservation; (3) local environment protection; (4) marine scientific research; (5) deep seabed mining; and (6) archipelagic‐island regimes. Accordingly, each issue‐area is assessed as to its relevance for the Southern Ocean vis‐a‐vis the Antarctic Treaty parties, with a particular view towards signaling possible problems which involve conflict of interest and overlapping jurisdiction.     

The exclusive economic zone and antarctica: The dilemmas of non‐sovereign jurisdiction

Abstract

Antarctica is the only continent from which no exclusive economic zones extend. This article examines the EEZ as a legal concept, particularly its relevance for enhancing maritime jurisdiction offshore Antarctica. The study analyzes the political setting in the Antarctic which would affect creation of EEZs in the region, especially the division of the continent into sector claims by certain states and the implications presented by various island groups in the area. An appraisal is made of the legal situation and the jurisdictional opportunities afforded by the Antarctic Treaty System. The author concludes that a recognized political authority, with demonstrated legal competence and capabilities, is administering jurisdictional considerations in the Antarctic area. In its operation, this Antarctic Treaty regime fulfills management and conservation functions analogous to those of EEZs in waters offshore the continent.     

A Note on the United States and the Law of the Sea: Looking Back and Moving Forward

Since the Antarctic Treaty was negotiated in 1959, there have been substantial developments in the law of the sea. One of the most significant developments has been the recognition granted to coastal state entitlements to claim a range of offshore maritime areas. Yet, one of the principal aims of the Antarctic Treaty was to eliminate sovereignty disputes between territorial claimants, and the treaty placed limitations on the assertion of new claims. Nevertheless, most Antarctic territorial claimants have asserted some form of Antarctic maritime claim. This article particularly considers Australia's position toward maritime claims offshore the Australian Antarctic Territory (AAT). It reviews the limitations imposed by the Antarctic Treaty, the difficulties in determining baselines in Antarctica, Australia's practice in declaring Antarctic maritime claims, and the potential range of maritime boundaries that Australia may one day have to delimit with neighboring states in the Southern Ocean.     

Fuegian plants in Antarctica: natural or anthropogenically assisted immigrants?

Two species of flowering plant of Fuegian montane provenance have been discovered on Deception Island in the maritime Antarctic, 950 km south of South America. Four individuals of Nassauvia magellanica and one of Gamochaeta nivalis (both Asteraceae) are growing robustly and in close proximity of each other on dry ash and scoria soil near a ruined whaling station which, in recent years, has been frequently visited by large numbers of ship-borne tourists. The Protocol on Environmental Protection to the Antarctic Treaty and the Management Plan for the island, designated an Antarctic Specially Managed Area, provide strict regulations for the conduct of visitors to this site and precautions against the accidental introduction of non-indigenous species. While their establishment on this remote volcanic island may have been anthropogenically mediated, natural immigration cannot be ruled out as both species produce seed adapted for wind-dispersal in their native Tierra del Fuego. The ecological consequences if one or both of these aliens spreads beyond their present restricted location are considered. While determined efforts are being made to implement rigorous biosecurity measures in Antarctica, current Antarctic Treaty policy on dealing with colonizing invasive alien species is indecisive and requires urgent action and clear recommendations.     

Alien fly populations established at two Antarctic research stations

The populations of two non-native Dipterans have been established at two Antarctic research stations since at least 1998. Both belong to Sciaridae (black fungus midge), and have been determined to the genus Lycoriella. At Rothera Research Station, Antarctic Peninsula, flies are present in the station alcohol bond store, while at Casey Station, on the coast of continental Antarctica, a second Lycoriella sp. is found breeding in the station sewage facilities. Neither species is thought capable of surviving outside the protected environment of the research station buildings, but their establishment highlights the need for strict quarantine controls in order for National Operators in the Antarctic to conform to the Environmental Protocol of the Antarctic Treaty and prevent the introduction of alien species into Antarctica. Protocols for fly eradication are currently being implemented.     

China's antarctic policy and the Antarctic Treaty system

Abstract

China began to express its interest in Antarctica in the early 1980s. China acceded to the Antarctic Treaty in 1983 and obtained consultative party status within the Antarctic Treaty System (ATS) two years later. Since 1984, China has been sending national scientific expeditions annually to this white continent and the surrounding seas. This article analyzes China's interests in and policy toward Antarctica as a whole by first discussing China's activities in Antarctica, its approaches to the Antarctic Treaty, and its role in the ATS and then exploring the future trend of China's Antarctic policy from political, economic, scientific, and environmental perspectives. The article concludes that, with China's involvement in Antarctic affairs, the vitality of the ATS has been further strengthened and Antarctica can better serve the interest of all mankind.     

Perspective: Increasing blue carbon around Antarctica is an ecosystem service of considerable societal and economic value worth protecting

Precautionary conservation and cooperative global governance are needed to protect Antarctic blue carbon: the world's largest increasing natural form of carbon storage with high sequestration potential. As patterns of ice loss around Antarctica become more uniform, there is an underlying increase in carbon capture‐to‐storage‐to‐sequestration on the seafloor. The amount of carbon captured per unit area is increasing and the area available to blue carbon is also increasing. Carbon sequestration could further increase under moderate (+1°C) ocean warming, contrary to decreasing global blue carbon stocks elsewhere. For example, in warmer waters, mangroves and seagrasses are in decline and benthic organisms are close to their physiological limits, so a 1°C increase in water temperature could push them above their thermal tolerance (e.g. bleaching of coral reefs). In contrast, on the basis of past change and current research, we expect that Antarctic blue carbon could increase by orders of magnitude. The Antarctic seafloor is biophysically unique and the site of carbon sequestration, the benthos, faces less anthropogenic disturbance than any other ocean continental shelf environment. This isolation imparts both vulnerability to change, and an avenue to conserve one of the world's last biodiversity refuges. In economic terms, the value of Antarctic blue carbon is estimated at between £0.65 and £1.76 billion (~2.27 billion USD) for sequestered carbon in the benthos around the continental shelf. To balance biodiversity protection against society's economic objectives, this paper builds on a proposal incentivising protection by building a ‘non‐market framework’ via the 2015 Paris Agreement to the United Nations Framework Convention on Climate Change. This could be connected and coordinated through the Antarctic Treaty System to promote and motivate member states to value Antarctic blue carbon and maintain scientific integrity and conservation for the positive societal values ingrained in the Antarctic Treaty System.     

Accidental transfer of non-native soil organisms into Antarctica on construction vehicles

Antarctic terrestrial ecosystems currently include very few non-native species, due to the continent’s extreme isolation from other landmasses. However, the indigenous biota is vulnerable to human-mediated introductions of non-native species. In December 2005, four construction vehicles were imported by contractors to the British Antarctic Survey’s (BAS) Rothera Research Station (Antarctic Peninsula) from the Falkland Islands and South Georgia (South Atlantic) on board RRS James Clark Ross. The vehicles were contaminated with >132 kg of non-Antarctic soil that contained viable non-native angiosperms, bryophytes, micro-invertebrates, nematodes, fungi, bacteria, and c. 40,000 seeds and numerous moss propagules. The incident was a significant contravention of BAS operating procedures, the UK Antarctic Act (1994) and the Protocol on Environmental Protection to the Antarctic Treaty (1998), which all prohibit the introduction of non-native species to Antarctica without an appropriate permit. The introduction of this diverse range of species poses a significant threat to local biodiversity should any of the species become established, particularly as the biota of sub-Antarctic South Georgia is likely to include many species with appropriate pre-adaptations facilitating the colonisation of more extreme Antarctic environments. Once the incident was discovered, the imported soil was removed immediately from Antarctica and destroyed. Vehicle cleaning and transportation guidelines have been revised to enhance the biosecurity of BAS operations, and to minimise the risk of similar incidents occurring.     

《粮食和农业植物遗传资源国际条约》与《名古屋议定书》比较研究

《粮食和农业植物遗传资源国际条约》（简称《条约》）与《生物多样性公约关于遗传资源获取和公平公正地分享由遗传资源利用产生惠益的名古屋议定书》（简称《议定书》）是遗传资源获取和惠益分享领域两个重要的国际法律文书,建立了各自的获取和惠益分享机制。由于担忧两个法律文书之间存在监管重叠,以及对我国遗传资源的保护和利用现状不够了解,我国均未批准加入。本文从目标、范围、获取和惠益分享框架和模式及受益者等4四个方面比较了《条约》和《议定书》的差异,结合我国遗传资源的保护和利用现状,就是否加入《条约》与《议定书》提出了以下建议：（1）两个国际法律文书均应加入;（2）在履行《条约》时,需要加强作物野生近缘种的保护,防止资源流失;（3）在履行《议定书》时,监测和评估我国遗传资源应用能力,并适时提出修订《议定书》条款的要求。     

Southern Cone maritime security after the 1984 Argentine‐Chilean treaty of peace and friendship

Abstract

The Southern Cone of South America and the adjacent regions of the South Atlantic and South Pacific Oceans, as well as the opposite regions of the Antarctic, present some difficult legal, political, economic, and military problems. As the tip of the Southern Cone has been conflict prone, the political and military interests of Argentina and Chile have tended to predominate. The 1984 Argentine‐Chilean Treaty of Peace and Friendship was a significant achievement in conflict resolution, and could lead to greater economic, political and even military cooperation between the two states. Nonetheless, the general area at the tip of the Southern Cone remains conflict prone as evidenced in part by the conflicts over the Falklands/Malvinas Islands, the Beagle Channel, the Drake Passage, and the Antarctic.     

Poa pratensis L., current status of the longest-established non-native vascular plant in the Antarctic

A single colony of the non-native grass Poa pratensis L., which was introduced inadvertently to Cierva Point, Antarctic Peninsula, during the 1954–1955 season, was still present during a survey in February 2012, making it the longest surviving non-native vascular plant colony known in Antarctica. Since 1991, the grass cover has roughly tripled in size, with an annual increase in area of approximately 0.016 m², and an estimated maximum radial growth rate of 1.43 cm y^?1. However, it remains restricted to the original site of introduction and its immediate surroundings (c. 1 m²). Annual flowering of the plants occurred during the 2010/2011 and 2011/2012 seasons; however, there has been no seed production and only incomplete development of the sexual structures. Current environmental conditions, including low temperatures, may inhibit sexual reproduction. Lack of effective vegetative dispersal may be influenced by the low level of human activity at the site, which limits opportunities for human-mediated dispersal. Although P. pratensis has existed at Cierva Point for almost 60 years, it has not yet become invasive. Scenarios for the potential future development of the species in Antarctica and the associated negative impacts upon the native vegetation from competition are discussed in the context of regional climate change. Finally, we describe the environmental risk presented by P. pratensis and argue that this non-native species should be eradicated as soon as possible in accordance with the Protocol on Environmental Protection to the Antarctic Treaty.     

Precautionary Coastal States’ Jurisdiction

Throughout the life of the 1959 Antarctic Treaty there has been considerable development in the law of the sea. Negotiated following the 1958 First United Nations Conference on the Law of the Sea, at which the customary international law concepts of the territorial sea and continental shelf were codified into treaty law, the law of the sea has since developed through state practice and most importantly through the 1982 United Nations Convention on the Law of the Sea. Whatever the merits of examining the interaction between Antarctica and the law of the sea have been in the past, there is much to suggest that the general significance of such issues is growing, especially as states seek to determine the outer limits of their continental shelf claims and in doing so determine Antarctic baselines. This article examines these issues from a general law of the sea perspective, taking into account the impact of the Antarctic Treaty while reviewing Australian practice in particular.     

Impact of anthropogenic transportation to Antarctica on alien seed viability

Antarctic ecosystems are at risk from the introduction of invasive species. The first step in the process of invasion is the transportation of alien species to Antarctic in a viable state. However, the effect of long-distance human-mediated dispersal, over different timescales, on propagule viability is not well known. We assessed the viability of Poa trivialis seeds transported to Antarctica from the UK, South Africa and Australia by ship or by ship and aircraft. Following transportation to the Antarctic Treaty area, no reduction in seed viability was found, despite journey times lasting up to 284 days and seeds experiencing temperatures as low as −1.5°C. This work confirms that human-mediated transport may overcome the dispersal barrier for some propagules, and highlights the need for effective pre-departure biosecurity measures.     

Invasive non‐native species likely to threaten biodiversity and ecosystems in the Antarctic Peninsula region

The Antarctic is considered to be a pristine environment relative to other regions of the Earth, but it is increasingly vulnerable to invasions by marine, freshwater and terrestrial non‐native species. The Antarctic Peninsula region (APR), which encompasses the Antarctic Peninsula, South Shetland Islands and South Orkney Islands, is by far the most invaded part of the Antarctica continent. The risk of introduction of invasive non‐native species to the APR is likely to increase with predicted increases in the intensity, diversity and distribution of human activities. Parties that are signatories to the Antarctic Treaty have called for regional assessments of non‐native species risk. In response, taxonomic and Antarctic experts undertook a horizon scanning exercise using expert opinion and consensus approaches to identify the species that are likely to present the highest risk to biodiversity and ecosystems within the APR over the next 10 years. One hundred and three species, currently absent in the APR, were identified as relevant for review, with 13 species identified as presenting a high risk of invading the APR. Marine invertebrates dominated the list of highest risk species, with flowering plants and terrestrial invertebrates also represented; however, vertebrate species were thought unlikely to establish in the APR within the 10 year timeframe. We recommend (a) the further development and application of biosecurity measures by all stakeholders active in the APR, including surveillance for species such as those identified during this horizon scanning exercise, and (b) use of this methodology across the other regions of Antarctica. Without the application of appropriate biosecurity measures, rates of introductions and invasions within the APR are likely to increase, resulting in negative consequences for the biodiversity of the whole continent, as introduced species establish and spread further due to climate change and increasing human activity.     

Territorial Sea Baselines along Ice-Covered Coasts: International Practice and Limits of the Law of the Sea

This article considers the relevant international law pertaining to territorial sea baselines and reviews the application of that law to ice-covered coasts. The international literature concerning the status of ice in international law is examined and state practice for both the Arctic and Antarctic is reviewed. The Law of the Sea Convention contains virtually no provisions pertaining to ice, as during its negotiation, in an effort to reach a consensus, all discussion of Antarctica was avoided. International lawyers appear to favour the notion that where ice persists for many years and is fixed to land or at least is connected to ice that is connected to land, it may be able to generate territorial sea baselines. Neither the International Court of Justice nor any other international tribunal has had the opportunity to consider the status of ice, except in the most general terms. This article considers some alternatives and difficulties in their application. The impact of the Antarctic Treaty on any system is also considered, as Articles IV and VI of the Treaty may be affected by any international action by claimants in proclaiming baselines.-     

Effects of light fluctuations on the growth and productivity of Antarctic diatoms in culture

Summary This work shows that the low division rates observed in diatoms in Antarctic waters seem to be due to conditions of irradiance rather than to the low temperature: low light intensity and light fluctuations are two factors which depress the division rate of diatoms. However, with regard to the productivity, Antarctic diatoms seem well-adapted to their turbulent environment. Cells grown in alternating periods of light and dark, notably a 2:2 regime which simulates conditions of vertical mixing, reach a higher rate of productivity than algae grown in continuous light. This difference may be due to the better use of light energy observed in the former group. In the Antarctic Ocean, which is characterized by frequent mixing of water masses, this increased efficiency of light utilization could be a way of adaptation, allowing the algae to overcome the restraints imposed by low light and low temperature, and to reach a higher productivity than expected. The low values of I_k and I_max as well as the absence of detectable photoinhibition indicate that Antarctic diatoms are capable to sustain their maximum primary production rate over a wide range or irradiance levels. On the other hand, the highest productivity in 2:2 regime shows that these species are more efficient when grown under fluctuating light. These results lead us to assume that the Antarctic species are well-adapted to live in the extreme conditions of light encountered in Antarctic Ocean: low irradiance and alternance of low and high light intensities.     

Antarctic marine biodiversity and deep-sea hydrothermal vents

The diversity of many marine benthic groups is unlike that of most other taxa. Rather than declining from the tropics to the poles, much of the benthos shows high diversity in the Southern Ocean. Moreover, many species are unique to the Antarctic region. Recent work has shown that this is also true of the communities of Antarctic deep-sea hydrothermal vents. Vent ecosystems have been documented from many sites across the globe, associated with the thermally and chemically variable habitats found around these, typically high temperature, streams that are rich in reduced compounds and polymetallic sulphides. The animal communities of the East Scotia Ridge vent ecosystems are very different to those elsewhere, though the microbiota, which form the basis of vent food webs, show less differentiation. Much of the biological significance of deep-sea hydrothermal vents lies in their biodiversity, the diverse biochemistry of their bacteria, the remarkable symbioses among many of the marine animals and these bacteria, and the prospects that investigations of these systems hold for understanding the conditions that may have led to the first appearance of life. The discovery of diverse and unusual Antarctic hydrothermal vent ecosystems provides opportunities for new understanding in these fields. Moreover, the Antarctic vents south of 60°S benefit from automatic conservation under the Convention on the Conservation of Antarctic Marine Living Resources and the Antarctic Treaty. Other deep-sea hydrothermal vents located in international waters are not protected and may be threatened by growing interests in deep-sea mining.     

Spatially Extensive Standardized Surveys Reveal Widespread,Multi-Decadal Increase in East Antarctic Adélie Penguin Populations

Seabirds are considered to be useful and practical indicators of the state of marine ecosystems because they integrate across changes in the lower trophic levels and the physical environment. Signals from this key group of species can indicate broad scale impacts or response to environmental change. Recent studies of penguin populations, the most commonly abundant Antarctic seabirds in the west Antarctic Peninsula and western Ross Sea, have demonstrated that physical changes in Antarctic marine environments have profound effects on biota at high trophic levels. Large populations of the circumpolar-breeding Adélie penguin occur in East Antarctica, but direct, standardized population data across much of this vast coastline have been more limited than in other Antarctic regions. We combine extensive new population survey data, new population estimation methods, and re-interpreted historical survey data to assess decadal-scale change in East Antarctic Adélie penguin breeding populations. We show that, in contrast to the west Antarctic Peninsula and western Ross Sea where breeding populations have decreased or shown variable trends over the last 30 years, East Antarctic regional populations have almost doubled in abundance since the 1980’s and have been increasing since the earliest counts in the 1960’s. The population changes are associated with five-year lagged changes in the physical environment, suggesting that the changing environment impacts primarily on the pre-breeding age classes. East Antarctic marine ecosystems have been subject to a number of changes over the last 50 years which may have influenced Adélie penguin population growth, including decadal-scale climate variation, an inferred mid-20th century sea-ice contraction, and early-to-mid 20^th century exploitation of fish and whale populations.