Antarctic Treaty System and Madrid Protocol 1991: Transformation of Legislation

Abstract

Much has been achieved from the work of scientists in Antarctica since the launching of International Polar Year. Still, with all those scientific reports and progress it is necessary for the policy makers to review and understand the physical and chemical climate system of the Antarctic region. The policy makers in most States had taken seriously of this information and had formulated new legislation on the basis of preserving, preventing and guarding the future environment of Antarctica as dictates by the Antarctic Treaty System and the Madrid Protocol 1991. However, the present local legislations must also undergo similar transformation in order to condone the impact of global climate change. Prior to the amendment, the local legislation must first take into consideration the common law duty to the greenhouse gas impacts arising from major new development projects in reducing their new emissions. This is consistent with ‘The Polluter Pays Principle’ which the spirit must be part of the transformation of the local legislations. The study is significant for Malaysia as the findings will allow present legislations to be transformed in line with the desire to preserve not just Antarctica environment but also to diminish global warming for the good of mankind as a whole.