Protocol on Environmental Protection to the Antarctic Treaty
The Protocol on Environmental Protection to the Antarctic Treaty, also known as the Madrid Protocol, is a complementary legal instrument to the Antarctic Treaty signed in Madrid on October 4, 1991. It entered into force on January 14, 1998.
The Madrid Protocol designates Antarctica as a "natural reserve, devoted to peace and science" (Art. 2). It complements and reinforces the Antarctic Treaty in order to increase the protection of the Antarctic environment and dependent and associated ecosystems.
Signatories[edit]
As of 2022, the original 26 nations to sign the Madrid Protocol have been joined by a further 16 nations. Of the 42 total signatories, 29 are Consultative Parties to the Antarctic Treaty, and the other 13 are Non-Consultative Parties (see Appendix 1).
The Protocol consists of a preamble, a main body with 27 articles, an appendix on Arbitration (13 additional articles) and six annexes, the last of which has not yet entered into force.
The Protocol's preamble describes the desire of the Antarctic Treaty Parties to develop a comprehensive regime for the protection of the Antarctic environment and dependent and associated ecosystems, in the interest of mankind as a whole.
The main body of the Protocol includes the following key provisions:
Background of the Protocol[edit]
The protection of the Antarctic environment was not one of the main original objectives of the Antarctic Treaty. The main engines of this agreement were the safeguarding of peace and freedom for the development of scientific research. However, some prohibitions and restrictions contained in the Treaty, especially those referring to nuclear activity, can be considered important from the environmental point of view. Once the Antarctic Treaty entered into force in 1961, a series of measures were agreed under the provisions of its article IX (which provides for the creation of measures aimed at "the preservation and conservation of living resources in Antarctica"), or in separate conventions, which focused on issues such as the protection of flora and fauna, the designation of protected areas, and waste and fuel management, among others.
The Madrid Protocol was negotiated by the Parties to the Antarctic Treaty between 1989 and 1991, following the failure to agree on an international regulatory instrument governing mining in Antarctica (the Convention on the Regulation of Antarctic Mineral Resource Activities, or CRAMRA).
The Protocol built on a range of environmental provisions agreed at several ATCMs since the signing of the Treaty including the 1964 Agreed Measures on the Conservation of Antarctic Fauna and Flora.[3] It also picked up environmental management elements that had been developed during the CRAMRA negotiations (such as emergency response provisions), as well as previous work of the Scientific Committee of Antarctic Research (SCAR) and the International Maritime Organization (IMO), on waste management and marine pollution, respectively.
The agreement on the Madrid Protocol constituted the culmination of years of development of environmental standards and practices, which were synthesised and articulated into a single comprehensive agreement. The Protocol set out new rules on environmental protection, including new restrictions to human activity in Antarctica and a framework to incorporate new issues through the elaboration of additional annexes. Through the Protocol, the protection of the Antarctic environment was established as the third pillar of the Antarctic Treaty, together with peaceful use and international scientific cooperation.
The issue of minerals in the Protocol[edit]
Article 7 of the Madrid Protocol expressly prohibits any activity related to the exploitation of Antarctic mineral resources, except for scientific research. In principle, this prohibition of exploration and exploitation of mineral resources is valid indefinitely, although Article 25 of the Protocol establishes the possibility that any Consultative Party may request a review of the application of its content, once 50 years have elapsed since the entry into force of the Protocol (in the year 2048). This provision applies by extension to Article 7. With particular reference to mineral resources, Article 25, in its first paragraph, establishes that, before proceeding with an amendment to Article 7, a series of circumstances and preconditions must be met. It is for this reason that some authors maintain that the Protocol establishes a 50-year moratorium on the exploration and exploitation of Antarctic minerals, although, in fact, a moratorium would imply the automatic fall of the provisions of Article 7, and this is not exactly the case raised by Article 25.
Campaign[edit]
The treaty followed a lengthy campaign by Greenpeace, including the construction of an Antarctic base from 1987 to 1991.[4][5] Greenpeace claims the protocol as a victory.[6]
Honours[edit]
Madrid Dome in Aristotle Mountains, Antarctica is named in connection with the Protocol.[7]