¹ Lovering, J.F. and Prescott, J.R.V., Last of Lands… Antarctica (Melbourne, 1979).Google Scholar

² Vicuna, Francisco Orrego (ed.), Antarctic Resources Policy: Scientific, Legal and Political Issues (Cambridge, Eng.: Cambridge University Press, 1983).CrossRefGoogle Scholar

³ Heap, John A. and Holdgate, Martin W., “The Antarctic Treaty System as an Environmental Mechanism: An Approach to Environmental Issues” in Antarctic Treaty System: An Assessment 199, Workshop on Antarctic Treaty System, Beard-more South Field Camp, Jan. 1985, (National Academy Press).Google Scholar

⁴ Joyner, Christopher, “Oceanie Pollution and the Southern Ocean: Rethinking the International Legal Implications for Antarctica,” 24 Natural Resources 1, 3 (1984).Google Scholar

⁵ Holdgate, M.W., “Regulated Development and Conservation of Antarctic Resources,” in Triggs, Gillian D (ed.), The Antarctic Treaty Regime: Law, Environment and Resources, 129 (Cambridge, Eng.: Cambridge University Press, 1987).Google Scholar One author writes: “In the 1820–21 season, there were 30 American and at least 24 British sealing vessels at the South Shetland Islands. Sealing was intense and the wholesale slaughter continued unabated. The Fanning-Pendleton fleet of just 5 ships… took over 50,000 skins in six weeks .... Hundreds of thousands of seals had been taken in just over two seasons, thus reducing the herds to near extinction from which they have yet to recover.” Parker, Bruce C. (ed.), Environmental Impact in Antarctica: Select Papers by Scientists Addressing Impact Assessment, Monitoring and Potential Impact of Man’s Activities in the Antarctic 342 (Blacksburg, VA: Virginia Polytechnic Institute & State University, 1978).Google Scholar

⁶ M.W. Holdgate, “Regulated Development,” ibid., 130.

⁷ Stevens, W.K., “New Survey Raises Concerns about Recovery of Blue Whale,” New York Times, June 20, 1989, at C4(L), col. 1.Google Scholar

⁸ Holdgate, M.W. “The Use and Abuse of Polar Environmental Resources,” 22 Polar Record 25, 34 (1984).CrossRefGoogle Scholar

⁹ Boczek, B.A., “The Protection of the Antarctic Ecosystem: A Study in International Environmental Law,” 13 Ocean Development & Int’l L. 347, 359 (1983).CrossRefGoogle Scholar

¹⁰ Joyner, Christopher C., “Protection of the Antarctic Environment: Rethinking the Problems and Prospects,” 19 Cornell Int’l L.J., 359, 262 (1986).Google Scholar It is probable that in addition to being support facilities for Antarctica’s burgeoning tourist industry, these towns have been established to bolster Chile’s and Argentina’s claims to territorial sovereignty in Antarctica.

¹¹ Brown, Paul, “Airfield ‘Threat’ to Antarctica,” Guardian Weekly, May 13, 1990, at 8.Google Scholar

¹² Triggs op. cit. supra note 5, at 61.

¹³ Redgwell, Catherine, “Current Developments: International Law—Antarctica,” 39 Int’l. & Comp. L.Q. 474, 479 (1990).CrossRefGoogle Scholar

¹⁴ Frank, R.F., “The Convention on the Conservation of Antarctic Marine Living Resources,” 13 Ocean Development & Int’l. L. 291, 292 (1983–84)CrossRefGoogle Scholar

¹⁵ Heap and Holdgate, supra note 3, at 200–5.

¹⁶ The Antarctic Treaty: Recommendations of the Eighth Consultative Meeting held at Oslo, Norway, June 9–20, 1975, Bush, D.M. (ed.), Antarctica and International Law: A Collection of Interstate and National Documents, Vol. 1, at 292 (New York: Oceana Publications, Inc., 1982).Google Scholar

¹⁷ “Report and Recommendations of the Ninth Antarctic Treaty Consultative Meeting,” London, Sept. 19-Oct. 7, 1977, ibid., 337.

¹⁸ M.W. Holdgate, supra note 5, at 131.

¹⁹ During the negotiation of this agreement much time was spent on the question of whether the final result would be a code of regulations under the Antarctic Treaty, or a separate Convention. The United States suggested the form of “Agreed Measure” (something less than a convention in the strict sense) in order to accommodate the constitutional difficulties of some consultative parties which would have arisen if the convention approach had been adopted. Myhre, Jeffrey D., The Antarctic Treaty System: Politics, Law and Diplomacy 51 (London: Westview Press, 1986).Google Scholar

²⁰ Agreed Measures, in Bush, op. cit. supra note 16, at 146. All future references will be to this copy of the Agreed Measures.

²¹ It has been suggested that because of the doubtful validity at international law of the sovereignty claims in Antarctica, the high seas in the Antarctic extends to the shores of the continent itself. Joyner, C.C. and Lipperman, P.J., “Conflicting Jurisdictions in the Southern Ocean: The Case of an Antarctic Minerals Regime,” 27 Virginia J. Int’l L. 1, 14 (1986).Google Scholar

²² Agreed Measures, Art. 6. These statistics are published in SCAR Bulletins, which are in turn published regularly in the Polar Record.

²³ Agreed Measures, Art. 7.

²⁴ Agreed Measures, Art. 9.

²⁵ Agreed Measures, Art. 8.

²⁶ Agreed Measures, An. 12(1).

²⁷ Roberts, Brian, “International Co-operation for Antarctic Development: The Test for the Antarctic Treaty,” 19 Polar Record 107, 112 (1978).Google Scholar

²⁸ Agreed Measures, Art. 7(2).

²⁹ Ibid.

³⁰ J.N. Barnes, “Environmental Protection and the Future of the Antarctic: New Approaches and Perspectives Are Necessary,” in Triggs, op. cit. supra note 5, at 156.

³¹ Ibid.

³² W.N. Bonner, “Recent Developments in Antarctic Conservation,” in Triggs, op. cit. supra note 5, at 144.

³³ Andersen, R.M. and Rudolph, L., “On Solid International Ground in Antarctica: A U.S. Strategy for Regulating Environmental Impact on the Continent,” 26 Stanford J. Int’l L. 93, 147 (1989).Google Scholar

³⁴ Recommendation VI-14 in Bush, op. cit. supra note 10, at 243; Recommendation VIII-9, ibid., 278.

³⁵ Code of Conduct, para. (i)(a)(i), ibid., 325.

³⁶ As long ago as the 1960s and early 1970s a scientist conducting dives in McMurdo Sound reported that there were “great piles of trash (old vehicles, hose, and so on) and what appear to be frozen organic material.… In 1974, we found Winter Quarters Bay to be essentially dead, the sediment so full of DFA [diesel fuel additive] it almost appeared combustible.” Bogard, Paul S., “Environmental Threats in Antarctica,” 31 Oceanus 105 (Summer, 1988).Google Scholar

³⁷ Code of Conduct, para. 1(b)(1), Bush, op. cit. supra note 16, at 325.

³⁸ “Greenpeace Says Reds Violating Antarctic Treaty,” Sing Tao International, Jan. 23. 1989

³⁹ For a good discussion of the new Code see supra note 33, at 100–9.

⁴⁰ May, Hohn (ed.), The Greenpeace Book of Antarctica: A New View of the Seventh Continent 138 (Toronto: Macmillan of Canada, 1988).Google Scholar

⁴¹ Recommendation VIII-9 in Bush, op. cit. supra note 16, at 322.

⁴² Ibid.

⁴³ Ibid., Annex C.

⁴⁴ Auburn, F.M., Antarctic Law and Politics 279 (London: C. Hurst and Company, 1982).Google Scholar

⁴⁵ Hart, P.D., “Treaty Rules Pertaining to Tourism,” 31 Oceanus 99, 100 (Summer,1988).Google Scholar

⁴⁶ The overwhelming majority of Antarctic seals live on pack ice. It has been forcefully argued that pack ice falls within the high seas legal regime ( Bernhardt, J.P.A., “Sovereignty in Antarctica” 5 California Western Int’l L. J. 309 (1975)Google Scholar; Alexander, F.C. Jr., “A Recommended Approach to the Antarctic Resource Problem,” 33 Univ. Miami L. Rev. 371, 384 (1978).Google Scholar This also determined the form of the agreement regulating the harvesting of the seals. Because the agreement would limit freedom of the high seas, a freestanding international convention was a necessity. The convention did not enter into force until Mar. 11, 1978, 30 days after the deposit of the instrument of ratification by Belgium: Bush, op. cit. supra note 16, at 255.

⁴⁷ Bush, op. cit. supra note 16, at 248. All references are to this copy of the text.

⁴⁸ Seal Convention, Art. 12.

⁴⁹ Ibid., Art. 8.

⁵⁰ Heap and Holdgate, “The Antarctic Treaty as an Environmental Mechanism,” supra note 3, at 203.

⁵¹ G.A. Knox, “The Living Resources of the Southern Ocean: A Scientific Overview,” in Francisco Orrego Vicuna, op. cit. supra note 2, at 34.

⁵² Once again it was necessary to adopt the form of a freestanding convention because the measures contained in the convention would significantly affect the traditional freedoms of the high seas.

⁵³ It has been argued that one reason for the rapid introduction of the CCAMLR was the increasing international interest in the Antarctic. Conclusion of the CCAMLR further consolidated the Consultative Parties’ exclusive hold on Antarctic resources. Koch, M, “The Antarctic Challenge: Conflicting Interest, Cooperation, Environmental Protection, and Economic Development,” 15 Maritime L. & Comm. 121 (1984).Google Scholar

⁵⁴ Frank, supra note 14, at 303.

⁵⁵ CCAMLR, Art. 1(4), in Bush, op. cit. supra note 16 at 398. All future references will be to this copy of the Convention.

⁵⁶ Seals and whales are protected under separate conventions and some writers feel that they are therefore excluded from the CCAMLR regime. However, seals and whales are nowhere expressly excluded from the Convention and the definition of marine living resources extends to “all other species of living organisms” not expressly referred to in Art. i(a). It would thus appear that the Convention is broad enough to include seals and whales—an interpretation which is essential to the viability of the ecosystem approach as whales are by far the largest consumers of krill.

⁵⁷ CCAMLR, Art. a(g)(a).

⁵⁸ CCAMLR, Art. g.

⁵⁹ Frank, supra note 14, at 300

⁶⁰ C. Joyner, supra note 4 at 33.

⁶¹ Barnes, James N., “The Emerging Antarctic Living Resources Convention,” 73 Amer. Soc. Int’l L. Proc. 279 (1979)Google Scholar as quoted in Howard, Matthew, “The Convention on the Conservation of Antarctic Marine Living Resources: A Five-Year Review,” 38 Int’l. & Comp. L.Q. 104, 119 (1989).CrossRefGoogle Scholar

⁶² CCAMLR, Art. 12(1).

⁶³ Howard, supra note 61, at 119.

⁶⁴ Edwards, D.M. and Heap, J.A., “Convention on the Conservation of Antarctic Marine Living Resources: A Commentary,” 20 Polar Record 353, 358 (1981).CrossRefGoogle Scholar

⁶⁵ Triggs, op. cit. supra note 5, at 124.

⁶⁶ Howard, supra note 61, at tao.

⁶⁷ CCAMLR, Art. 9(6)(b).

⁶⁸ Ibid., Art. 9(6)(c)

⁶⁹ Ibid., An. 9(6)(d).

⁷⁰ Edwards and Heap, supra note 64, at 15 357.

⁷¹ Leggett, Jeffrey, “International Whaling Policy,” 7 Marine Policy Reports 3 (1986).Google Scholar

⁷² CCAMLR, Art. 15.

⁷³ Butterworth, D.S., “Antarctic Marine Ecosystem Management,” 23 Polar Record 212 (1986).CrossRefGoogle Scholar

⁷⁴ Howard, supra note 61 at 126–28.

⁷⁵ Ibid., 131.

⁷⁶ Antarctica: The Next Decade 67, Report of a Study Group. David Davies Memorial Institute of International Studies. SirParsons, Anthony, Chairman (Cambridge, Eng.: Cambridge University Press, 1987).Google Scholar

⁷⁷ Howard, supra note 61, at 135.

⁷⁸ Elliot, David H., “Is There Any Oil and Natural Gas?,” 31 Oceanus 32–38 (Summer 1988).Google Scholar

⁷⁹ Kindt, John Warren, “Ice-Covered Areas and the Law of the Sea: Issues Involving Resource Exploitation and the Antarctic Environment,” 14 Brooklyn J. Int’l L., 30 (Fall 1988).Google Scholar Kindt indicates that the interested oil companies include British Petroleum, Gulf Oil Company, Japan National Oil Corporation, and the French Petroleum Institute.

⁸⁰ Ibid.; Waller, Deborah Cook, “Death of a Treaty: The Decline and Fall of the Antarctic Minerals Convention,” 22 Vanderbilt J. Transnat. L. 631, 632 (1989).Google Scholar

⁸¹ Redgewell, supra note 13, at 475. In addition to the Bahia Paraíso, in February 1989 the British resupply ship HMS Endurance hit an iceberg near Deception Island (ibid.). The third accident occurred in late February 1989 when a Peruvian research vessel ran aground in Fildes Bay near King George Island in the South Shetlands, puncturing 2 of its 4 fuel tanks and creating a 140-yard oil slick which drifted towards the coast (“Peruvian Ship Runs Aground in the Antarctic and Spills Oil,” New York Times, Mar. 1, 1989, at A3(L)).

⁸² Redgewell, supra note 13 at 475.

⁸³ Waller, supra note 80, at 663.

⁸⁴ “Accord on Antarctica Collapses,” Business Standard, Sept. 26, 1989.

⁸⁵ Scott, David Clark, “Australia Advocates No Mining in Antarctica,” The Christian Science Monitor, June 1, 1989 Google Scholar; Whelan, Rowena, “Rebuff to Calls for Antarctic World Park Not End of the Battle, Australia Insists,” Globe and Mail, Oct. 21, 1989.Google Scholar

⁸⁶ Convention on the Regulation of Antarctic Mineral Resource Activities, Art. 61, reprinted in 27 Int’l Leg. Mat. 859 (1988).

⁸⁷ Scott, supra note 85.

⁸⁸ “Protecting Antarctica,” The Dominion, Feb. 27, 1990.

⁸⁹ Ibid.; “Antarctic Treaty: New Zealand Shifts Ground,” 334 Nature (Mar. 15, 1990), at 187.

⁹⁰ Waller, “Death of a Treaty,” supra note 80, at 664; Redgewell, supra note 13, at

⁹¹ Cater, Nick, “U.S. Bans Mining, Drilling at Pole; U.K. Also Changes Antarctica Policy,” Globe and Mail, Nov. 17, 1990.Google Scholar

⁹² Editorial, Business Week, Jan. 22, 1990, at 90.

⁹³ Shapley, D., “Polar Thinking on the Antarctic,” New York Times, Oct. 17, 1989, at A27(L).Google Scholar

⁹⁴ Andersen and Rudolph, supra note 33, at 142.

⁹⁵ Friedheim, R. and Akaha, T., “Antarctic Resources and International Law: Japan, the United States, and the Future of Antarctica,” 16 Ecology L.Q, 119, 141 (1989).Google Scholar

⁹⁶ Agreed Measures, Arts. 3, 4.

⁹⁷ Auburn, F.M., “The Antarctic Environment,” YearBook of World Affairs 248, 259 (1981).Google Scholar

⁹⁸ Hohn May, op. cit. supra note 40, at 136.

⁹⁹ CCAMLR, Art. 10(1).

¹⁰⁰ Ibid., Art. 10(2).

¹⁰¹ Triggs, op. cit. supra note 5, at 114.

¹⁰² Andersen and Rudolph, supra note 33, at 153.

¹⁰³ Simma, Bruno, “The Antarctic Treaty as a Treaty Providing for an Objective Regime’,” 19 Cornell Int’l L. J. 189 (1986).Google Scholar Jonathan Charney has argued that some aspects of the Antarctic Treaty System have developed into customary international law, but he is careful to say that the Antarctic Treaty System as a whole is not an objective regime such that new agreements produced thereby would be binding on the international community: Charney, Jonathan I., “The Antarctic System and Customary International Law,” in Francioni, Francesco and Scovazzi, Tuillo (eds.), International Law for Antarctica 55–100 (Milan: Giuffre Editore, 1987).Google Scholar The USSR takes the view that the Antarctic Treaty and its related recommendations are an objective treaty system binding on all non-parties: Boczek, B.A., “The Soviet Union and the Antarctic Regime,” 78 Am. J. Int’l L. 834 (1984).CrossRefGoogle Scholar

¹⁰⁴ Andersen and Rudolph, supra note 33, at 112–13.

¹⁰⁵ Triggs, op. cit. supra note 5 at 139.

¹⁰⁶ The text of the Basel Convention appears in 27 Int’l Leg. Mat. 657 (1989).

¹⁰⁷ Holdgate, supra note 8, at 34.

¹⁰⁸ Heap and Holdgate, supra note 3.

¹⁰⁹ F.M. Auburn has stated that there are few indications that the required environmental impact assessments are being performed and that future prospects for compliance are not encouraging: Auburn, supra note 44, at 288.

¹¹⁰ Joyner, C.C. and Chopra, S.K. (eds.), The Antarctic Legal Regime 245 (Dordrecht, Netherlands: Kluwer Academic Publishers, 1988).Google Scholar

¹¹¹ Redgewell, supra note 13, at 480.

¹¹² Anderson, A., “Antarctica: Pollution Clean-up Promised,” 343 Nature 200 (Jan. 18, 1990).Google Scholar

¹¹³ Ibid.

¹¹⁴ Browne, Malcolm W., “In Once Pristine Antarctica, a Complicated Clean up Begins,” New York Times, Dec. 19, 1989 Google Scholar; Browne, Malcolm W., “Picking Up Litter in Scott’s Footsteps,” New York Times, Dec. 24, 1989, at 6(L).Google Scholar

¹¹⁵ Schatz, Gerald S., “Protecting the Antarctic Environment,” 31 Oceanus 101–3 (Summer, 1988).Google Scholar

¹¹⁶ Redgewell, supra note 13, at 480.

¹¹⁷ “XVth Antarctic Treaty Consultative Meeting,” 20 Environmental Policy and Law 10, 11 (1990).

¹¹⁸ Redgewell, supra note 13, at 480.

¹¹⁹ Hohn May, op. cit. supra note 40, at 158.

¹²⁰ Bonner, W.N. and Walton, D.W.H. (eds.), Key Environments: Antarctica 368 (London: Pergamon Press, 1985).Google Scholar

¹²¹ Joyner, C.C. and Theis, E.R., “The United States and Antarctica: Rethinking the Interplay of Law and Interests,” 20 Cornell Int’l L. J. 65, 102 (1987)Google Scholar; Joyner, C.C., “Antarctica and the Indian Ocean States: The Interplay of Law, Interests and Geopolitics,” 21 Ocean Dev. & Int’l L. 41–70 (1990).CrossRefGoogle Scholar