Chapter 15 - The duty of prior environmental impact assessment of Antarctic activities under the Madrid Protocol and its implementation in the Italian legal system

Abstract

This chapter focuses on the duties of prior environmental impact assessment of Antarctic activities under the Madrid Protocol and its implementation in the Italian legal system. Environmental Impact Assessment (EIA) procedures are generally recognized as a useful and, indispensable instrument for sound protection of the environment. More than rights or privileges, participation in the Antarctic Treaty System (ATS) involves shouldering important responsibilities. Activities in the Antarctic Treaty area is planned on the basis of information sufficient to allow prior assessment of, and informed judgments about, their possible impacts on the Antarctic environment, and dependent and associated ecosystems on the value of Antarctica for the conduct of scientific research. The Antarctic Treaty Consultative Parties (ATCPs) have a special responsibility to ensure that all activities in Antarctica are consistent with the purposes and principles of the Antarctic Treaty. The development of a comprehensive regime for the protection of the Antarctic environment, and dependent and associated ecosystems are in the interest of the mankind. Compliance by States with international obligations relies, chiefly, on the behavior of the bodies and the existence of the appropriate national mechanisms, aims at controlling implementation of international commitments. Failure to give the necessary or appropriate internal effect to the obligations of an international treaty results in a breach of the treaty, which entails State responsibility under international law.