CYIL 2010

ONDŘEJ VÍCHA CYIL 1 ȍ2010Ȏ of the Protocol should, to the maximum extent practicable, ensure that non-sterile soil is not unintentionally imported into the Antarctic Treaty area. The ATCM also adopted specific measures to manage human disturbance of Antarctic fauna and flora, including Recommendation XVIII-1: Guidance for Visitors to the Antarctic , adopted in 1994, and the Guidelines for the Operation of Aircraft Near Concentrations of Birds in Antarctica , adopted in 2004. There are also other international instruments regarding the protection of Antarctic Fauna and Flora. Within the Convention on the Conservation of Migratory Species of Wild Animals – CMS (Bonn, 1979) 22 has been negotiated the Agreement on the Conservation of Albatross and Petrels – ACAP ( Cape Town, 2001 ). 23 The protection of whales living in Antarctica waters has been secured by the Convention for the Regulation of Whaling – CRW (Washington, 1946). In 1994, the International Whaling Commission (IWC) declared an area of the Southern Ocean which includes Antarctica seas to be a Southern Whale Sanctuary , where commercial whaling shall be prohibited. 24 Waste Disposal and Waste Management (Annex III to the Protocol) The Antarctic Treaty prohibited the disposal of radioactive waste material in Antarctica (Art. V, par. I, of the Treaty). 25 As regards other kinds of waste, Consultative Parties to the Antarctic Treaty addressed the issue of waste disposal in certain ATCM recommendations, particularly in the Code of Conduct for Antarctic Expeditions and Station . 26 In 1991, waste disposal and waste management issues were codified by Annex III to the Protocol. Annex III to the Protocol requires that “ the amount of wastes produced or disposed of in the Antarctic Treaty area shall be reduced as far as practicable so as to minimize impacts on the Antarctic environment and to minimize interference with the natural values of Antarctica, with the scientific research and with other uses of Antarctica which are consistent with the Antarctic Treaty ” (Art. 1.2). Annex III to the Protocol identifies types of waste which have to be removed and establishes rules for the storage and disposal of waste. Some products like PCBs cannot be introduced into Antarctica at all. 22 The official translation has been published in Czech Collection of Laws No. 127/1994 Coll.; See: http://www.wcmc.org.uk/cms/. 23 ACAP is a multilateral agreement which seeks to conserve albatrosses and petrels by coordinating international activity to mitigate known threats to albatross and petrel populations. See ATCM: XXVI: Resolution 4(2003) – Support for the Conservation of Albatrosses and Petrels or http://www.acap.aq/. 24 Maffei: Protection of Whales in Antarctica, in: S. Francioni, (eds.): International Law for Antarctica , Second Edition, The Hague, 1996, p. 182. 25 See ATCM VIII: Recommendation 12(1975) – Disposal of Nuclear Waste ; ATCM XIX: Resolution 2(1995) – Nuclear Waste Disposal . 26 ATCM XV: Recommendation 3(1989) – Human Impact on the Antarctic Environment: Waste Disposal ; ATCM XIII: Recommendation 4(1985) – Man’s Impact on the Antarctic Environment: Code of Conduct for Antarctic Expeditions and Station Activities : Waste Disposal; ATCM XII: Recommendation 4(1983) – Man’s Impact on the Antarctic Environment: Code of Conduct for Antarctic Expeditions and Station Activities; ATCM VIII: Recommendation 11(1975) – Man’s Impact on the Antarctic Environment: Code of Conduct for Antarctic Expeditions and Station Activities.

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