The Convention on the Regulation of Antarctic Mineral Resource Activities: An Attempt to Break New Ground

The book describes and analyses the content of the Draft Convention on the Regulation of Antarctic Mineral Resource Activities. This Draft Convention was, in several respects, meant to serve unique objectives. First, it had to accommodate the interests of states claiming territorial rights concerning parts of Antarctica and those objecting to such claims. Second, since the Antarctic environment is unique and fragile, the Draft Convention provides for the strictest protection of the environment, so far, in international law. Even if the Draft Convention never enters into force, which is most likely, its rules concerning the protection of the Antarctic environment, on responsibility and liability as well as on arbitration may serve as a model for the further development of international environmental law.

On June 2, 1988, after six years of negotiations , the Convention on the Regulation of Antarctic Mineral Resource Activities was successfully con- cluded. With this Treaty (which was opened for signature from November 25, 1988 to November 25, 1989) another important dimension is added to the 2 Antarctic legal system - This system, so far, comprises the Antarctic Treat 3, y the Convention on the Conservation of Antarctic Seals4, the Convention on the Conservation of Antarctic Marine Living Resources (hereinafter 6 CCAMLR)5 and the Recommendations issued by the Antarctic Treaty Con- sultative Meetings. The Convention will enter into force (Art. 62) on the 1 The negotiations have been analyzed by Christopher C. joyner, The Antarctic Minerals Negotiating Process, AJIL 81 (1987),888-905; Arthur Watts, Lessons to be Learned from the Mineral Resources Negotiations, in: Rudiger Wolfrum (ed. ), Antarctic Challenge III (Berlin 1988), 319-331, and R. Tucker Sculfy, The Antarctic Mineral Resource Negotiations: A Report, in: Thomas A. Clingan, Jr. (ed. ), The Law of the Sea: What Lies Ahead, Proceedings of the 20th Annual Conference of the Law of the Sea Institute (Honolulu 1986), 386-403. 2 This term is used in Art. 2 para. 1; as to the development of the Antarctic Treaty system see Finn Sollie, The Development of the Antarctic Treaty System, in: Rudiger Wolfrum (ed. ), Antarctic Challenge (Berlin 1984), 17-37, and R.

The book describes and analyses the content of the Draft Convention on the Regulation of Antarctic Mineral Resource Activities.