preventing, reducing and controlling vessel-source pollution.
36 These powers are
significantly wider than the rights enjoyed by coastal States for other regions. Under
that Article, States may for ice-covered regions unilaterally introduce higher standards than those generally adopted through IMO, and some States have in fact done
so. It is unclear how these powers relate to the functions of IMO for the establishment of international rules and standards for maritime safety, protection of the
marine environment and maritime security.
37
5.1.3 The Antarctic Treaty
Large parts of the Southern Ocean are subject to the 1959 Antarctic Treaty and
associated legal regimes dealing with fisheries and protection of the environment.
The Antarctic Treaty applies to the area south of 60
South Latitude, including all ice
shelves. Under the Treaty (art. IV) no acts or activities taking place while the Treaty
is in force shall constitute a basis for asserting, supporting or denying a claim to
territorial sovereignty in Antarctica or create any rights of sovereignty in Antarctica.
No new claim, or enlargement of an existing claim to territorial sovereignty in
Antarctica shall be asserted while the Treaty is in force. Of particular interest in
the context of this chapter are Annexes IV and VI dealing with protection of the
environment and liability arising from environmental emergencies, respectively.
Annex VI (adopted in 2005) is not yet in force.
38
36 Coastal States have under art. 234 the right to adopt and enforce non-discriminatory laws and
regulations for the prevention, reduction and control of marine pollution from vessels in ice-covered
areas within the limits of the EEZ, where particularly severe climatic conditions and the presence of
ice covering such areas for most of the year create obstructions or exceptional hazards to navigation,
and pollution of the marine environment could cause major harm to or irreversible disturbance of
the ecological balance.
37 As regards the relationship between UNCLOS art. 234 and IMO Conventions (in particular the
Polar Code), reference is made to Chircop (2016), pp. 281–284.
38 The original Signatories to the Treaty are the twelve countries that were active in Antarctica
during the International Geophysical Year of 1957–1958 and then accepted the invitation of the
Government of the United States to participate in the 1959 Diplomatic Conference at which the
Treaty was negotiated, namely Argentina, Australia, Belgium, Chile, France, Japan, New Zealand,
Norway, the Soviet Union (succeeded by the Russian Federation), South Africa, the United
Kingdom and the United States. These Parties have the right to participate in the Consultative
Meetings provided for in the Treaty. Forty-two other States having acceded to the Treaty are entitled
to participate in the Consultative Meetings during such times as they demonstrate their interest in
Antarctica by “conducting substantial research activity there”. Seventeen of the acceding countries
have had their activities in Antarctica recognized for that purpose. The other Non-Consultative
Parties are invited to attend the Consultative Meetings but do not participate in the decision-making.
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M. Jacobsson
36 These powers are
significantly wider than the rights enjoyed by coastal States for other regions. Under
that Article, States may for ice-covered regions unilaterally introduce higher standards than those generally adopted through IMO, and some States have in fact done
so. It is unclear how these powers relate to the functions of IMO for the establishment of international rules and standards for maritime safety, protection of the
marine environment and maritime security.
37
5.1.3 The Antarctic Treaty
Large parts of the Southern Ocean are subject to the 1959 Antarctic Treaty and
associated legal regimes dealing with fisheries and protection of the environment.
The Antarctic Treaty applies to the area south of 60
South Latitude, including all ice
shelves. Under the Treaty (art. IV) no acts or activities taking place while the Treaty
is in force shall constitute a basis for asserting, supporting or denying a claim to
territorial sovereignty in Antarctica or create any rights of sovereignty in Antarctica.
No new claim, or enlargement of an existing claim to territorial sovereignty in
Antarctica shall be asserted while the Treaty is in force. Of particular interest in
the context of this chapter are Annexes IV and VI dealing with protection of the
environment and liability arising from environmental emergencies, respectively.
Annex VI (adopted in 2005) is not yet in force.
38
36 Coastal States have under art. 234 the right to adopt and enforce non-discriminatory laws and
regulations for the prevention, reduction and control of marine pollution from vessels in ice-covered
areas within the limits of the EEZ, where particularly severe climatic conditions and the presence of
ice covering such areas for most of the year create obstructions or exceptional hazards to navigation,
and pollution of the marine environment could cause major harm to or irreversible disturbance of
the ecological balance.
37 As regards the relationship between UNCLOS art. 234 and IMO Conventions (in particular the
Polar Code), reference is made to Chircop (2016), pp. 281–284.
38 The original Signatories to the Treaty are the twelve countries that were active in Antarctica
during the International Geophysical Year of 1957–1958 and then accepted the invitation of the
Government of the United States to participate in the 1959 Diplomatic Conference at which the
Treaty was negotiated, namely Argentina, Australia, Belgium, Chile, France, Japan, New Zealand,
Norway, the Soviet Union (succeeded by the Russian Federation), South Africa, the United
Kingdom and the United States. These Parties have the right to participate in the Consultative
Meetings provided for in the Treaty. Forty-two other States having acceded to the Treaty are entitled
to participate in the Consultative Meetings during such times as they demonstrate their interest in
Antarctica by “conducting substantial research activity there”. Seventeen of the acceding countries
have had their activities in Antarctica recognized for that purpose. The other Non-Consultative
Parties are invited to attend the Consultative Meetings but do not participate in the decision-making.
268
M. Jacobsson