CYIL 2010

ONDŘEJ VÍCHA

CYIL 1 ȍ2010Ȏ

Introduction Antarctica is an important part of the Earth’s environment, one that is very sensitive to any changes. Changes in the circulation of atmospheric and oceanic currents around Antarctica, and the volume of the ice sheets, interact and influence climate on a global scale. Currents and waves in the world’s oceans and atmosphere ensure that Antarctica is affected by what happens elsewhere on the planet. Equally, oceanic and atmospheric processes ensure that what happens in Antarctica can affect the rest of the world. The Antarctic ecosystem is unique and vulnerable. Recently there has been a visible development of the international legal regime for the environmental protection of Antarctica. In accordance with this development, there have also been changes made to the national legal systems of the Contracting Parties implementing the Antarctic Treaty 1 ( Washington D.C., 1959 ) and its Protocol on Environmental Protection (Madrid, 1991). 2 Examples of this development consist in particular of the adoption of the new Annex VI on Liability Arising from Environmental Emergencies by the 28th ATCM in Stockholm in 2005, 3 and the amendments made to Annex II on Conservation of Fauna and Flora by the 32nd ATCM in Baltimore in 2009. 4 International legal instruments for the Environmental Protection of Antarctica are contained primarily in the Antarctic Treaty System (ATS ). This system is whole set of arrangements established for the purpose of regulating relations among states in the Antarctic. The Antarctic Treaty System establishes a specific regime for the management of Antarctic living and non-living resources which is appropriate for the unique geophysical, climatic, legal and political character of this continent. 5 According to Article 1, letter d), of the Environmental Protocol, the Antarctic Treaty System comprises the following: • Antarctic Treaty ( Washington, 1959 ), • measures in effect under the Antarctic Treaty (e.g., Agreed Measures for the Conservation of Antarctic Fauna and Flora, 6 Code of Conduct for Antarctic 1 The official translation has been published in the Czech Collection of Laws No. 76/1962 Coll., or see Czech Environmental Law No. 3, 2003 (9), pp. 218-222. 2 The official translation has been published in the Czech Collection of International Treaties No. 42/2005 Coll., or see Czech Environmental Law No. 3, 2003 (9), pp. 223-258. 3 ATCM XXVIII: Measure 1 (2005) – Annex VI to the Protocol on Environmental Protection to the Antarctic Treaty – Liability Arising from Environmental Emergencies. See O. Vícha, T he New Annex to the Environmental Protocol on Liability Arising from Environmental Emergencies in Antarctica, Czech Environmental Law No. 2, 2005 (16), pp. 57-62. 4 ATCM XXXII Measure 16 (2009) – Amendment to Annex II to the Protocol on Environmental Protection to the Antarctic Treaty: Conservation of Antarctic Fauna and Flora. 5 O. Vícha, Antarctica Law. International and domestic aspects of the Environmental Protection of Antarctica, Czech Environmental Law No. 3/2003 (9), pp. 3-217. 6 ATCM III: Recommendation 8 (1964) – Agreed Measures for the Conservation of the Antarctic Fauna and Flora.

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