Peace vs. compliance in Antarctica: inspections and the environment

Abstract

Antarctica has long been a bastion of cooperation and good faith. It is the only continent governed by international Treaty. But what happens if good faith and cooperation are tested by bad environmental behavior… The Antarctic Treaty (1959) came into being during the Cold War and was the first of the Post WWII disarmament agreements. Article VII of the Treaty, which provides for inspections, is the verification clause allowing states to ensure compliance with the agreement. This article explores the evolving practice of inspections as environmental regulations were generated by the ATCM and later through the adoption and entry into force of the Protocol on Environmental Protection to the Antarctic Treaty in 1998. Since the earliest inspections, there has been tension between maintaining peace between States, which govern through consensus, and ensuring compliance with the provisions of the Treaty and the Protocol. Recent discussions at ATCMs have brought the role of inspections and compliance to the fore and provide insights into intentions and practice. It is not clear whether inspections are adequately highlighting areas where actions are in breach of the Treaty or the Protocol. The Treaty Parties also acknowledged that there are aspects of compliance that cannot readily be assessed by inspections. The general trend has been towards promoting compliance and transparency, but it does not appear that the legal structure is fully prepared for an event where values of goodwill and cooperation stumble.