Abstract

The Antarctic Treaty of 1959 is almost silent on the issue of environmental protection. That issue, however, came to dominate decision‐making under the Treaty. A commitment in principle to environmental protection was not always matched by the practice of the Treaty parties and the environmental regime that developed was not an effective one. The political dictates of the Treaty system, which engendered slow decision‐making and an emphasis on decentralisation and voluntary compliance, took precedence over the need for sound environmental protection rules and practice. In the 1980s, the Treaty parties began to respond to criticism levelled by non‐governmental environmental organisations and there was some improvement in the rules governing human activity in the Antarctic. In 1989, against the background of tension over the decision by Australia and France not to sign the Antarctic Minerals Convention on environmental grounds, the Treaty parties adopted a number of measures designed again to improve environ...

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