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When the Prool on Environmental Protection to the Antarctic Treaty entered into force on 14 January 1998, a new phase commenced for the Antarctic Treaty System. The parties to the Prool are today confronting issues related to the implementation of a complex international environmental protection regime, both in international and domestic contexts. Several crucial implementation questions need to be solved in order to enhance and make possible the implementation of the Prool. What would be the consequences for the parties of a possible failure in resolving the pending implementation issues, on what premises can the solutions be based, and what, then, are the options available? This book provides a systematic overview of the implementation issues in sections on jurisdiction, control and enforcement in the Antarctic (Part I), institutional support to the implementation of the Prool (Part II), normative support to the implementation of the Prool: an Antarctic liability regime (Part III), relationship with other international instruments and arrangements (Part IV), and, through a series of selected case-studies, issues involved in domestic implementation of the Prool (Part V). This is a book that will appeal to Antarctic specialists and to all those interested in environmental law and policy.
Table of Contents
Notes on Contributors. Preface and Acknowledgements. List of Abbreviations. Introductory Overview. 1. Entry into Force of the Environmental Prool and Implementation Issues: An Overview; D. Vidas. Part I: Issues of Jurisdiction, Control and Enforcement. 2. Means and Methods of Implementation of Antarctic Environmental Regimes and National Environmental Instruments: An Exercise in Comparison; W. Bush. 3. Port State Jurisdiction in Antarctica: A New Approach to Inspection, Control and Enforcement; F. Orrego Vicuña. 4. Regulating Tourism in the Antarctic: Issues of Environment and Jurisdiction; M.G. Richardson. Part II: Institutional Support to the Implementation of the Prool. 5. Institutional Issues for the Antarctic Treaty System with the Prool in Force: An Overview; J. Berguño. 6. The Committee for Environmental Protection: Its Establishment, Operation and Role within the Antarctic Treaty System; O. Orheim. 7. Establishment of an Antarctic Treaty Secretariat: Pending Legal Issues; F. Francioni. 8. The ATS on the Web: Introducing Modern Information Technology in Antarctic Affairs; D. Vidas, B. Njåstad. Part III: Normative support to the Implementation of the Prool: An Antarctic Liability Regime. 9.Liability Annex or Annexes to the Environmental Prool: A Review of the Process within the Antarctic Treaty System; M. Skåre. 10. The Legal Need for an Antarctic Environmental Liability Regime; R. Lefeber. 11. The Prospects for an Antarctic Environmental Liability Regime; R. Lefeber. Part IV: Relationship with OtherInternational Instruments and Arrangements. 12. Relationship between the Environmental Prool and UNEP Instruments; D.R. Rothwell. 13. Towards Guidelines for Antarctic Shipping: A Basis for Cooperation between the Antarctic Treaty Consultative Parties and the IMO; T. Scovazzi. 14. The Antarctic Continental Shelf Beyond 200 Miles: A Juridical Rubik's Cube; D. Vidas. 15. CCAMLR and the Environmental Prool: Relationships and Interactions; R.A. Herr. Part V: Implementing the Prool Domestically: The Consultative Parties' Legislation and Practice (selected case studies). 16. Implementing the Environmental Prool Domestically: An Overview; K. Bastmeijer. 17. Australian Implementation of the Environmental Prool; W. Bush. 18. Implementation of the Antarctic Environmental Prool by Chile: History, Legislation and Practice; M.L Carvallo, P. Julio. 19. A Self-Executing Treaty? Italian Legislation and Practice in Implementing the Environmental Prool; L. Pineschi. 20. Norway: Implementing the Prool on Environmental Protection; B. Njåstad. 21. South Africa: Implementing the Prool on Environmental Protection; K. Dodds. 22. The United States: Legislation and Practice in Implementing the Prool; C.C. Joyner.