@article{2024:seddig:umweltnotf,
title = {Umweltnotfälle in der Antarktis – Notwendigkeit und Umsetzungsmöglichkeiten einer vor- läufigen Anwendung des Haftungsannexes zum Antarktisvertrag},
year = {2024},
note = {Annex VI of the Protocol on Environmental Protection to the Antarctic
Treaty (so-called Liability Annex) was adopted in 2005. It establishes
the liability of States parties and operators for specific cases of
environmental pollution in Antarctica. To date, Annex VI has not yet
entered into force for lack of a sufficient number of ratifications.
In a first step, we outline the content of Annex VI and compare it to
existing rules of international law applicable to human activities in
Antarctica (II.). We show that compared to relevant international
treaties and customary international law, including the customary
no-harm rule and principles of State responsibility, Annex VI closes
currently existing gaps regarding the liability of States and
operators for environmental pollution in Antarctica. We then analyse
possible reasons behind the delay in ratifications (III.). Besides the
possible reluctance of States to submit to more extensive liability
obligations, an analysis of reports of the annual Antarctic Treaty
Consultative Meetings (ATCM) shows that some States question the
enforceability of Annex VI due to the perceived ambiguity of some of
its provisions. These concerns are, however, not shared unanimously
amongst the Consultative Parties. Most recently, as part of the 45th
ATCM 2023, it was therefore decided to hold an informal intersessional
process to share information on domestic implementation to assist the
remaining Parties in their ratification process. We discuss the
provisional application of Annex VI as an additional solution to
overcome the current standstill in this matter (IV.). In view of the
urgency for liability rules for environmental emergencies in
Antarctica, also due to growing environmental risks caused by climate
change and the increasing number of tourist ship voyages to
Antarctica, we argue that provisional application should at least be
agreed upon between the States that have already ratified the Annex.},
journal = {Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law},
pages = {73--102},
author = {Seddig, Stefan Onur and Tribess, Laura and Vöneky, Silja},
volume = {84},
number = {1}
}