Considerations of impact on the Antarctic environment need to come to terms with problems of scale. On the one hand, there are the vastnesses of the Antarctic ice sheet and the Southern Ocean, both with an enormous buffering capacity to absorb the impacts of human activities. On the other hand, there are small, coastal, ice-free areas, homes of birds, seals, plants and other forms of life down to the microscopic, where the impact of human activities can be considerable. Recognizing the environmental values of pristine Antarctica, Environmental Protocol stemmed through Antarctica Treaty.
Environmental monitoring is a fundamental element of basic research, environmental management, and conservation. The organized and systematic measurement of selected variables provides for the establishment of baseline data and the identification of both natural and human-induced change in the environment Monitoring data are important in the development of models of environmental processes, which in turn facilitate progress towards a predictive capability to detect environmental impact or change. The collection and evaluation of monitoring data is essential for the detection of human perturbation within the natural variability of ecosystem processes. Since all environmental monitoring must be based on testable hypotheses it can also contribute to advancement in both basic and applied research.
There are three distinct objectives for monitoring in Antarctica:
(1) to protect the scientific value of the Antarctic
(2) to help in the continuous improvement of Antarctic environmental management, and
(3) to meet the legal requirements of the Protocol and national legislation
The primary purpose of the Antarctic Treaty is to ensure “in the interests of all mankind that Antarctica shall continue forever to be used exclusively for peaceful purposes and shall not become the scene or object of international discord”. To this end it prohibits “any measures of a military nature” but does “not prevent the use of military personnel or equipment for scientific research or for any other peaceful purpose”. The Treaty provides for “freedom of scientific investigation in Antarctica, promotes international cooperation in scientific investigation in Antarctica”, encourages “the establishment of cooperative working relations with those Specialized Agencies of the United Nations and other international organizations having a scientific or technical interest in Antarctica”, prohibits “any nuclear explosions in Antarctica and the disposal there of radioactive waste material” and provides for detailed exchanges of information. To promote the objectives and ensure the observance of the provisions of the Antarctica Treaty”, Consultative Parties “have the right to designate observers to carry out any inspection of all areas of Antarctica, including all stations, installations and equipment, and all ships and aircraft at points of discharging or embarking cargoes or personnel in Antarctica. The Treaty applies to the area south of 60° South Latitude, including all ice shelves, but nothing in the Treaty “shall prejudice or in any way affect the rights, or the exercise of the rights, of any State under international law with regard to the high seas within that area”.
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The Protocol on Environmental Protection to the Antarctic Treaty was signed in Madrid on October 4, 1991 and entered into force in 1998. It designates Antarctica as a “natural reserve, devoted to peace and science” (Art. 2). Article 3 of the Environment Protocol sets forth basic principles applicable to human activities in Antarctica and Article 7 prohibits all activities relating to Antarctic mineral resources, except for scientific research. Until 2048 the Protocol can only be modified by unanimous agreement of all Consultative Parties to the Antarctic Treaty. In addition, the prohibition on mineral resource activities cannot be removed unless a binding legal regime on Antarctic mineral resource activities is in force. Environmental Monitoring is important to observe the human induced change in natural Antarctic environment.
The Protocol builds upon the Antarctic Treaty and Recommendations adopted by Antarctic Treaty Consultative Meetings to extend and improve the Treaty's effectiveness as a mechanism for ensuring the protection of the Antarctic environment.
The Protocol establishes a Committee for Environmental Protection as an expert advisory body to provide advice and formulate recommendations to the Consultative Meetings in connection with the implementation of the Protocol. Dispute settlement procedures are included in the Protocol. These include compulsory and binding procedures for disputes over the interpretation or application of, and compliance with, the provisions of the Protocol relating to mineral resource activities, environmental impact assessment and response action, as well as most provisions included in the Six Annexes.
Any area, including any marine area, may be designated as an Antarctic Specially Protected Area to protect outstanding environmental, scientific, historic, aesthetic or wilderness values, any combination of those values, or ongoing or planned scientific research. Within a systematic environmental-geographical framework, Antarctic Specially Protected Area has to meet following requirements:
1. areas kept inviolate from human interference so that future comparisons may be possible with localities that have been affected by human activities;
2. representative examples of major terrestrial, including glacial and aquatic, ecosystems and marine ecosystems;
3. areas with important or unusual assemblages of species, including major colonies of breeding native birds or mammals;
4. the type locality or only known habitat of any species;
5. areas of particular interest to on-going or planned scientific research;
6. examples of outstanding geological, glaciological or geomorphological features;
7. areas of outstanding aesthetic and wilderness value;
8. sites or monuments of recognized historic value
Entry into an Antarctic Specially Protected Area shall be prohibited except in accordance with a permit issued under Article 7.