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Published online by Cambridge University Press: 18 May 2017
The Introductory Note was prepared for International Legal Materials by Gerald S. Schatz, I.L.M. Corresponding Editor for Antarctica and a practicing attorney in Maryland. The Table of Approval of Antarctic Treaty Measures, reproduced at 35 I.L.M. 1175 (1996), was provided by the U.S. Department of State, Office of Oceans Affairs. According to the Table, as of January 17, 1996, recommended measures from Consultative Meetings I-XI had been approved by the governments needed to bring them into legal effect under Article IX (4) of the Antarctic Treaty.
[Recommendation XVIII-1 on Tourism and Non-Governmental Activities, of the Eighteenth Antarctic Treaty Consultative Meeting (Kyoto), appears at 35 I.L.M. 1178 (1996), and Decision 1 (1995) on Measures, Decisions and Resolutions and Decision 2 (1995) on Rules of Procedure: Amendment, of the Nineteenth Antarctic Treaty Consultative Meeting (Seoul), appear at 35 I.L.M. 1188 (1996).
[The Antarctic Treaty of 1959, entered into force June 23, 1961, appears at 19 I.L.M. 860 (1980); the Final Act of the Conference on the Conservation of Antarctic Marine Living Resources, including the Convention on the Conservation of Antarctic Marine Living Resources, done at Canberra, May 20, 1980, appears at 19 I.L.M. 837 (1980); the Final Act of the Fourth Special Consultative Meeting on Antarctic Mineral Resources, including the Convention on the Regulation of Antarctic Mineral Resource Activities, done at Wellington, June 2, 1988, appears at 27 I.L.M. 859 (1988); the Final Act of the Eleventh Antarctic Treaty Special Consultative Meeting and the Protocol on Environmental Protection to the Antarctic Treaty, done at Madrid, October 4, 1991, appears at 30 I.L.M. 1455 (1991); and Environmental Defense Fundv.Massey,a U.S. circuit court decision on the application of the National Environmental Policy Act to activities in Antarctica, appears at 32 I.L.M. 505 (1993).]
1 Antarctic Treaty. Signed at Washington December 1, 1959. Entered into force June 23, 1961. 12 U.S.T. 794; T.I.A.S. 4780; 402 U.N.T.S. 71 [19 I.L.M. 860 (1980)].
2 The United States implements the Agreed Measures for the Conservation of Antarctic Fauna and Flora “as recommended to the Consultative Parties for approval at the Third Antarctic Treaty Consultative Meeting” and subsequent related recommended measures through the Antarctic Conservation Act, 44 U.S.C.A. §§ 2401-2412 (West 1985 & Supp. 1995), and National Science Foundation regulations there under, Conservation of Antarctic Animals and Plants, 45 C.F.R. part 670 (1994).
3 Antarctic Treaty, art. IX, ¶ 2.
4 Antarctic Treaty, art. IX, ¶ 1.
5 Antarctic Treaty, art. IX, ¶ 4.
6 “The practice has been essentially pragmatic; there has been no systematic attempt to provide for an all-embracing code for the governance of Antarctic activities.” Antarctic Treaty System: Introduction. Handbook of the Antarctic Treaty System (John Heap, ed.) xii (7th ed. 1990).
7 Official reports of recent Antarctic Treaty Consultative Meetings are not readily accessible. In recent years, publication has been late, and in very limited quantity, by host governments. Public access typically is through foreign ministries.
8 Polar Record, published by Scott Polar Research Institute, has carried recommendations of Antarctic Treaty Consultative Meetings. Recommended measures have been published in the unofficial Handbook of the Antarctic Treaty System (John Heap, ed.) series (see 8th edition, April 1994). Recommended measures and specific responses of the national governments appear, also unofficially, in William Bush, Antarctica and International Law: A Collection of Inter-State and National Documents (vols. 1-3 1982, Index vol. 1988, & Supp. 1991).
9 Recommendation XVIII-1, Final Report of the Eighteenth Antarctic Treaty Consultative Meeting, Kyoto, 11-22 April 1994, at 37-45 [35 I.L.M. 1178 (1996)].
10 Decisions 1 (1995) & 2 (1995), Final Report of the XIXth Antarctic Treaty Consultative Meeting, Kyoto, Seoul, May 1995, at 89-91 [35 I.L.M. 1188 (1996)].
11 Compiled from the following principal sources: Handbook of the Antarctic Treaty System (John Heap, ed., 8th edition, April 1994); Final Report of the Eighteenth Antarctic Treaty Consultative Meeting (Kyoto), April 11-22, 1994; and Final Report of the XIXth Antarctic Treaty Consultative Meeting (Seoul), May, 1995.