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The subject I have been asked to discuss is commercial prospects for Antarctic minerals and a succinct summary of what follows could well be ‘virtually nil’.
Another contributor, Arthur Watts, has made the point, which I repeat, that minerals occur in widely scattered outcrops in Antarctica. It is important to set this fact in the context that first, more than 95% of the continent is ice and secondly, that there is a world of difference between an occurrence and a deposit. Mapping the occurrences may indicate the existence of a deposit of sufficient size to warrant detailed investigation (for example, by drilling), with a view to possible commercial exploitation.
Let us look at what minerals are known to exist in Antarctica. In summary, from what is presently known of the exposed area in Antarctica, only coal and iron in the Prince Charles Mountains, and coal in the Transantarctic Mountains might be mined if they were located on an inhabited continent. There are a lot of other known or suspected minerals. You have heard mention, for example, of the mineral potential of the Jurassic Dufek intrusion which is a layered deposit with a structure and composition which some geologists believe to be analogous to the South African Bushveld complex. In the absence of any detailed information, it is legitimate to work on the hypothesis that such complexes could, given the circumstances of their geological origin and physical properties, contain cobalt, chromium, nickel, uranium, copper and magnetite. Without a full-scale exploration programme we are left with a pattern of association (or assumption!) based upon the geological setting. This leaves the basic questions unanswered.
Since the 1970s the Consultative Parties have been concerned to regulate and to minimise man's impact on the Antarctic environment. At the Ninth Consultative Meeting the Parties formally recognised ‘their prime responsibilities for the protection of the Antarctic environment from all forms of human interference’. They have since recommended a Code of Conduct for Antarctic expeditions and station activities, established a meeting of experts to study the effects of oil pollution on the Antarctic environment, adopted a Statement of Accepted Principles and Good Conduct Guide for Tourist Groups and recommended that environmental impact studies be made to evaluate major operations proposed in the Antarctic Treaty area. These measures are hortatory not mandatory, and they depend for their effect upon implementation by those states which choose to accept them.
In 1980 the Consultative Parties negotiated the Convention for the Conservation of Antarctic Marine Living Resources. This Convention is remarkable in many respects. Firstly it was negotiated, ratified and came into force with great speed; a speed which was fuelled by the urgent need to establish some form of regulation for the harvesting of krill and other Antarctic fisheries. The Convention is notable, secondly, for its adoption of a single ecosystem approach to conservation in which the Antarctic Convergence provides the outer limits of jurisdiction. Thirdly, and for the first time within the Antarctic Treaty system, a permanent structure was established by the Convention to give effect to its aims and objectives.
Legal Theory draws contributions not only from academic law, but from a wide range of related disciplines in the humanities and social sciences, including philosophy, political science, economics, history and sociology. Legal Theory publishes work on a broad range of topics, including but not limited to analytical jurisprudence, normative jurisprudence, policy analyses of legal institutions and doctrines, theories of law as a social or cultural phenomenon, and critical perspectives on law and legal institutions.