1.11 REGULATION OF ANTARCTIC MINERAL RESOURCE ACTIVITIES

Introductory note
In the course of the discussion leading to the negotiation of the Antarctic Treaty itself in 1959 the question was raised as to whether the Treaty should cover the question of mineral exploration and exploitation. It was concluded that to do so would be premature. It was not until 1970 that the Consultative Parties first came to consider the matter at the Sixth Consultative Meeting. The immediate reason was that some of their number had received enquiries from marine geophysical prospecting companies about the possibility of prospecting in Antarctic seas.
Nothing came of the discussion in 1970 other than a mutual understanding that the question of how Antarctic mineral activity was to be regulated, were it ever to occur, would not now go away. It was not until eleven years later that the Consultative Parties agreed to recommend (XI-1) the convening of a Special Consultative Meeting to elaborate a regime governing Antarctic mineral resource development should it ever come about. The intervening recommendations (VII-6, VIII-14, IX-1 and X-1) mark stages along a way which the Consultative Parties came increasingly to realise had to be trodden if the Antarctic were to 'continue forever to be used exclusively for peaceful purposes' and were not to 'become the scene or object of international discord'. It may be helpful to an understanding of these recommendations to recall some of the major questions that had to be faced.
It was noted at an early stage that the Treaty only explicitly provided in Article IX(1)(a)-(f) for consideration of one resource issue, that of the conservation of living resources, and it was debated whether, in the absence of a parallel reference to mineral resources in the Treaty itself, it was a proper subject for discussion in the consultative forum. The conclusion was that the list of subjects in Article IX(1)(a)-(f) was not exclusive and that what was important was the chapeau to that list which enabled Consultative Parties to consult together on 'matters of common interest pertaining to Antarctica'. More compelling than the legal argument was another concerning the possibly damaging environmental effects of Antarctic mineral activity, were it ever to occur. This, in turn, led to a conclusion that unregulated mineral activity was more likely to pose serious environmental hazards than regulated activity.
The Consultative Parties appreciated that the knowledge they possessed about the Antarctic placed an obligation on them to consider the possible environmental consequences of mineral activity in the Antarctic. The matter was put to SCAR where a group of relevant scientists concluded, in effect, that the risks, while great, were not such as to rule out mineral activity ab initio. The main documents on this aspect are the 'Report of the SCAR Group of Specialists on the Environmental Impact Assessment of Mineral Exploration/Exploitation (EAMREA)' prepared at the request of the Eighth Consultative Meeting and the Special Preparatory Meeting (for the Ninth Consultative Meeting) held in Paris in June 1976; 'The Report of the Group of Experts on Mineral Exploration and Exploitation' prepared at a meeting held in conjunction with the Ninth Consultative Meeting (see Section 1.11.6) and 'The Report of the Group of Ecological, Technological and other related Experts on Mineral Exploration and Exploitation in Antarctica' convened in accordance with Recommendation IX-1(3) and held in June 1979 in conjunction with the preparatory meeting for the Tenth Consultative Meeting (Section 1.11.7).
In view of the fact that there are no known mineral reserves (ie deposits of a size and quality to be potentially exploitable) in Antarctica, that any such resources as there may be are unlikely to be economically exploitable until well into the next century, if ever, and that technology does not yet exist to cope adequately with the particular challenges of the Antarctic environment, particularly off-shore, it has been argued that there is no need to negotiate a regime at this stage. This point was carefully considered by the Consultative Parties in the course of 1977-79. They decided that, since there would be even greater difficulties in negotiating a minerals regime if it was left until exploitable deposits were found and the necessary technology was available, the better course would be to conclude a framework regime which would cover all stages of prospecting, exploration and development.
This was bound to take time, and the Consultative Parties, at the Ninth Consultative Meeting, formed the view that it was in the interests of all that no one should steal a march on anyone else. They therefore agreed (Recommendation IX-1, para 8) to 'urge their nationals and other States to refrain from all exploration and exploitation of Antarctic mineral resources while making progress towards the timely adoption of an agreed regime...' The most important difference between Recommendations X-1 and XI-1 is that in X-1 there is nothing akin to paragraph 6 of XI-1 on the position of states regarding territorial sovereignty in the Antarctic. It was the negotiation of this paragraph which made possible the insertion of paragraphs 2 and 3 in XI-1 which, together, constituted the agreement to embark on the negotiation of a regime.
Recommendation VIII-14(3)(ii) invites SCAR to 'continue to co-ordinate national geological and geophysical research programmes in the Antarctic Treaty Area with the aim of obtaining fundamental scientific data on the geological structure of the Antarctic'. It was recognized that such investigations would in some instances use methods that were virtually indistinguishable from those used in prospecting. The difference, however, lay in the requirement that applied to such investigations for prior notification under Article VII(5) of the Antarctic Treaty (as elaborated in Recommendation VII-6) and in the requirement for observations to be made freely available under Article III(1)(c)
The Convention on the Regulation of Antarctic mineral Resource Activities (CRAMRA) was concluded at Wellington on 2 June 1988, after six years of negotiation. It was a necessary condition for the entry into force of the Convention that all states with claims to territorial sovereignty in Antarctica should be parties to it. In 1989 it became apparent that this would not happen. The present situation is that all mineral resource activities, except scientific research, are prohibited under Article 7 of the Protocol on Environmental Protection to the Antarctic Treaty. Article 25 of the Protocol lays down the conditions for amendment of, inter alia, Article 7..

1.11.1 Antarctic Treaty Recommendations

VII-6: Antarctic resources: Effects of mineral exploration
The Representatives,
Recalling the provisions and principles of the Antarctic Treaty;
Reaffirming that it is in the interest of all mankind that the Antarctic Treaty Area shall continue forever to be used exclusively for peaceful purposes and shall not become the scene or object of international discord;
Acknowledging that the Antarctic Treaty places a special responsibility upon the Contracting Parties to exert appropriate efforts, consistent with the Charter of the United Nations, to the end that no one engages in any activity in the Antarctic Treaty Area contrary to the principles or purposes of the Treaty;
Noting the technological developments in polar mineral exploration and the increasing interest in the possibility of there being exploitable minerals in the Antarctic Treaty Area;
Noting that there is a need for further study and deliberation amongst the Consultative Parties;
Recognizing that mineral exploration is likely to raise problems of an environmental nature and that the Consultative Parties should assume responsibility for the protection of the environment and the wise use of resources;
Conscious of the special situation in the Antarctic arising from the particular regime of the Antarctic Treaty and the Recommendations adopted under it;
Recommend to their Governments that the subject 'Antarctic Resources - Effects of Mineral Exploration' be carefully studied and included on the Agenda of the Eighth Consultative Meeting.

VIII-14: Antarctic resources: effects of mineral exploration
The Representatives,
Recalling Recommendation VII-6;
Bearing in mind the purposes and principles of the Antarctic Treaty;
Reaffirming that it is in the interest of all mankind that the Antarctic Treaty Area shall continue forever to be used exclusively for peaceful purposes and shall not become the scene of object of international discord;
Acknowledging that the Antarctic Treaty places a special responsibility upon the Contracting Parties to exert appropriate efforts, consistent with the Charter of the United Nations, to ensure that no one engages in any activity in the Antarctic Treaty Area contrary to the purposes or principles of the Treaty;
Concerned that mineral resource exploration and exploitation could adversely affect the unique environment of the Antarctic and of other ecosystems dependent on the Antarctic environment;
Noting the technological developments in polar mineral exploration and exploitation; Convinced that further consultations on the questions concerning Antarctic mineral resources are desirable and, in the meantime, of the need for restraint while seeking timely agreed solutions by the Consultative Parties to problems raised by such questions; and noting the intention of their Governments to keep these matters under review in the light of possible actions by others;
Aware that available scientific information on the environmental effects of mineral exploration and/or exploitation in the Antarctic has been inadequately studied and that the Consultative Parties bear a special responsibility for environmental protection in the Antarctic Treaty Area;
Aware also that Antarctic geological structures have not been sufficiently investigated;
Recognizing the need for further study and consideration of these matters;
Resolved that the Consultative Parties should seek to develop an approach to the problems raised by the possible presence of valuable mineral resources in the Antarctic Treaty Area, bearing in mind the principles and purposes of the Antarctic Treaty;
Recommend to their Governments that:
1. The subject 'Antarctic Resources - The Question of Mineral Exploration and Exploitation' be fully studied in all its aspects in relation to the Treaty and be the subject of consultation among them with a view to convening a special preparatory meeting during 1976, the terms of reference of which will be determined precisely through diplomatic channels; the special preparatory meeting to report to the Ninth Consultative Meeting;
2. They undertake to study the environmental implications of mineral resource activities in the Antarctic Treaty Area and other related matters, including joint studies among them, and that they exchange the results of such studies;
3. They invite SCAR through their National Antarctic Committees to:
  1. make an assessment on the basis of available information of the possible impact on the environment of the Treaty Area and other ecosystems dependent on the Antarctic environment if mineral exploration and/or exploitation were to occur there. If possible and appropriate, Governments may wish to assist their National Antarctic Committees in this undertaking by appropriate means;
  2. continue to co-ordinate national geological and geophysical research programmes in the Antarctic Treaty Area with the aim of obtaining fundamental scientific data on the geological structure of the Antarctic;
  3. consider what further scientific programmes are necessary in pursuit of these objectives;
4. The subject 'Antarctic Resources - The Question of Mineral Exploration and Exploitation' be placed on the Agenda of the Ninth Antarctic Treaty Consultative Meeting.

IX-1: Antarctic mineral resources
The Representatives,
Recalling the provisions of the Antarctic Treaty, which establishes a regime for international co-operation in Antarctica, with the objective of ensuring that Antarctica should continue forever to be used exclusively for peaceful purposes and should not become the scene or object of international discord;
Bearing in mind the provisions of Article IV of the Treaty;
Convinced that the framework established by the Antarctic Treaty has proved effective in promoting international harmony in furtherance of the purposes and principles of the United Nations Charter, in ensuring the protection of the Antarctic environment, and on promoting freedom of scientific research in Antarctica;
Noting with thanks the Report of the Scientific Committee on Antarctic Research (SCAR) Group of Specialists entitled Preliminary Assessment of the Environmental Impact of Mineral Exploration/Exploitation in Antarctica (EAMREA);
Recognizing nevertheless that adequate scientific data concerning the harmful environmental effects of activities related to the exploration and exploitation of Antarctic mineral resources, should they occur, are not yet available;
Concerned that unregulated activities related to exploration and exploitation of mineral resources could adversely affect the unique environment of the Antarctic and other ecosystems dependent on the Antarctic environment;
Conscious that the Consultative Parties to the Antarctic Treaty in carrying out scientific research in the area have accumulated valuable experience and can substantially contribute to the protection of the environment and the rational use of Antarctic mineral resources, should exploration or exploitation thereof occur;
Aware of the special responsibilities of Consultative Parties to ensure that any activities in Antarctica, including commercial exploration and exploitation in the future, should they occur, should not become the cause of international discord, of danger to the unique Antarctic environment, of disruption to scientific investigation, or be otherwise contrary to the principles or purposes of the Antarctic Treaty;
Recommend to their Governments that:
1. They reaffirm the basic principles set forth in Recommendation VIII-14 of the Eighth Antarctic Treaty Consultative Meeting;
2. They take note with appreciation of the Report of the Group of Experts on Mineral Exploration and Exploitation annexed to the Report of the Ninth Consultative Meeting and make the best possible use of its conclusions and guidelines;
3. They continue to study the environmental implications of mineral resource activities in the Antarctic Treaty Area and hold at a time and place to be arranged through diplomatic channels a meeting of ecological, technological and other related experts, in accordance with Recommendation IV-24, with a view to developing scientific programmes aimed at:
  1. improving predictions of the impact of possible technologies for mineral exploration and exploitation in the Antarctic, as outlined in Section IIB of the Report of the Group of Experts, and in Section 5 of the SCAR/EAMREA Group Report;
  2. developing measures for the prevention of damage to the environment or for its rehabilitation, in accordance with Section IIC of the Report of the Group of Experts;
4. They endorse the following principles elaborated at the Special Preparatory Meeting held in Paris from 28 June to 10 July 1976:
  • the Consultative Parties will continue to play an active and responsible role in dealing with the question of the mineral resources of Antarctica;
  • the Antarctic Treaty must be maintained in its entirety;
  • protection of the unique Antarctic environment and of its dependent ecosystems should be a basic consideration;
  • the Consultative Parties, in dealing with the question of mineral resources in Antarctica, should not prejudice the interests of all mankind in Antarctica; 5. They note that the provisions of Article IV of the Antarctic Treaty shall not be affected by the regime. It should ensure that the principles embodied in Article IV of the Antarctic Treaty are safeguarded in application to the area covered by the Antarctic Treaty;
    6. They study the content of a future regime based on the principles contained in paragraphs 4 and 5 and on such further principles, rules and arrangements as may be agreed, taking full account of all proposals submitted to the IXth Consultative Meeting;
    7. The subject 'Antarctic Resources - The Question of Mineral Exploration and Exploitation' be the subject of intensified consultation among them and they urge the host Government of the Tenth Consultative Meeting to convene a meeting to consider legal and political aspects of mineral resource issues; this meeting to report to the Tenth Consultative Meeting on the results of its work;
    8. They urge their nationals and other States to refrain from all exploration and exploitation of Antarctic mineral resources while making progress towards the timely adoption of an agreed regime concerning Antarctic mineral resource activities. They will thus endeavour to ensure that, pending the timely adoption of agreed solutions pertaining to exploration and exploitation of mineral resources, no activity shall be conducted to explore or exploit such resources. They will keep these matters under continuing examination;
    9. The subject 'Antarctic Resources - The Question of Mineral Exploration and Exploitation' be placed on the Agenda of the Tenth Antarctic Treaty Consultative Meeting.
    X-1: Antarctic mineral resources
     The Representatives,
    Convinced of the need to preserve and further strengthen the international regime established in Antarctica by the Antarctic Treaty, which has for nearly two decades guaranteed the use of Antarctica exclusively for peaceful purposes, and in the interest of the development of international co-operation;
    Aware of the responsibilities of the Consultative Parties to ensure that any activities in Antarctica, including mineral exploration and exploitation, should they occur, should be consistent with all the principles and purposes of the Antarctic Treaty system, including its objectives that activities in Antarctica should not become the cause of international discord, endanger the unique Antarctic environment, or disrupt scientific investigations; Concerned that unregulated mineral resource activities could significantly harm the fragile Antarctic ecosystem;
    Noting that decisions on possible mineral resource activities must take due account of the unique ecological and scientific value of Antarctica and the importance of Antarctica to the world environment;
    Recognizing that available information is insufficient reliably to assess the possible environmental effects of many activities in the area of exploration and exploitation of mineral resources in Antarctica, and conscious of the need for developing research programs aimed at improving predictions of the possible impact of such activities in Antarctica and for promoting the development of monitoring programs aimed at detecting the impact of such activities on the Antarctic environment should such activities occur;
    Convinced that informed decision-making on questions of mineral resource activities will usually require the availability of information from such programs;
    Aware also of the necessity to obtain additional scientific information with a view to facilitating the development of measures related to the protection of the Antarctic environment from possible harmful impacts of mineral resource exploration and exploitation, should such activities occur;
    Noting that a meeting of ecological, technological, and other related experts was held in Washington, DC, 25 June to 29 June, 1979, as part of the Preparatory Meeting to the Tenth Consultative Meeting with a view to developing scientific programs aimed at improving predictions of the impact of possible technologies for mineral exploration and exploitation in the Antarctic, and developing measures for the prevention of damage to the environment or for its rehabilitation;
    Recalling the provisions of Recommendations VIII-14 and IX-1;
    Recognizing the necessity for progress towards the timely adoption of an agreed regime concerning Antarctic mineral resources;
    Recommend to their Governments that:
    1. They take note of the progress made toward the timely adoption of a regime for Antarctic mineral resources at the Tenth Antarctic Treaty Consultative Meeting and related meetings, and of the importance of this progress.
    2. They continue consultations proceeding from the provisions of Recommendation IX-1 and from the provisions of the present Recommendation.
    To this end, they should:
    1. Continue to develop a common understanding of the general purposes of the regime and to identify the specific elements of the regime needed to ensure achievement of those purposes;
    2. Continue to give thorough examination to all of the elements necessary to ensure that the future regime will achieve its general purposes;
    3. Hold a meeting before the Eleventh Consultative Meeting, preferably in the first half of 1980, to consider a regime for Antarctic mineral resources in its ecological, political, technological, legal and other aspects; and
    4. in this regard make the best possible use of the report of the Tenth Consultative Working Group on Antarctic Resources - The Question of Mineral Exploration and Exploitation: Legal and Political Aspects (which is annexed to the Final Report of the Tenth Consultative Meeting) and of the section of this Final Report which refers to the work of the Working Group on Antarctic Resources - The Question of Mineral Exploration and Exploitation: Scientific and Environmental Aspects.
    3. The agreed regime for Antarctic mineral resources should be based upon provisions of paragraphs 1, 3, 4, and 5 of Recommendation IX-1 and on such further principles, rules and arrangements as may be subsequently agreed.
    4. An agreed regime on Antarctic mineral resources should include inter alia means for:
    1. assessing the possible impact of mineral resource activities on the Antarctic environment in order to provide for informed decision-making;
    2. determining whether mineral resource activities will be acceptable;
    3. governing the ecological, technological, political, legal, and economic aspects of those activities in cases where they would be determined acceptable; including:
      1. establishing, as an important part of the regime, rules relating to the protection of the Antarctic environment; and
      2. requiring that mineral resource activities undertaken pursuant to the regime be undertaken in compliance with such rules.
    5. Taking account of the Report of Ecological, Technological, and Other Related Experts on Mineral Exploration and Exploitation in Antarctica (Washington, June 1979), attached as an Annex to the Report of the Tenth Consultative Meeting, they facilitate their research activities which would contribute to an improved understanding of relevant aspects of the Antarctic and its environment.
    6. With a view to improving predictions of the environmental impacts of activities, events, and technologies associated with mineral resource exploration and exploitation in the Antarctic should such occur, they, through their respective National Antarctic Committees, encourage the Scientific Committee on Antarctic Research to define programs, taking account of the Experts Report (Washington, June 1979), with the objectives of:
    1. retrieving and analyzing relevant information from past observations and research programs;
    2. ensuring in relation to the needs for information identified by the Experts Report, that effective use is made of existing programs;
    3. identifying and developing new programs that should have priority, taking account of the length of time required for results to become available.
    7. In so far as is feasible they support, as appropriate, their respective National Antarctic Committees and the offices administering their Antarctic research program in developments arising from the previous paragraph.
    8. The subject 'Antarctic Resources - The Question of Mineral Exploration and Exploitation' be placed in the Agenda of the Eleventh Antarctic Treaty Consultative Meeting.
    XI-1: Antarctic Mineral Resources
    The Representatives,
    Recalling the provisions of the Antarctic Treaty, which established a regime for international co-operation in Antarctica, with the objective of ensuring that Antarctica should continue forever to be used exclusively for peaceful purposes and should not become the scene or object of international discord;
    Convinced that the framework established by the Antarctic Treaty has proved effective in promoting international harmony in furtherance of the purposes and principles of the United Nations Charter, in prohibiting inter alia any measures of a military nature, in ensuring the protection of the Antarctic environment, in preventing any nuclear explosions and the disposal of any radioactive waste material in Antarctica, and in promoting freedom of scientific research in Antarctica, to the benefit of all mankind;
    Convinced further of the necessity of maintaining the Antarctic Treaty in its entirety and believing that the early conclusion of a regime for Antarctic mineral resources would further strengthen the Antarctic Treaty framework;
    Desiring without prejudice to Article IV of the Antarctic Treaty to negotiate with the full participation of all the Consultative parties to the Antarctic Treaty an appropriate set of rules for the exploration and exploitation of Antarctic mineral resources;
    Noting the unity between the continent of Antarctic and its adjacent offshore areas;
    Mindful of the negotiations that are taking place in the Third United Nations Conference on the Law of the Sea;
    Reaffirming their commitment to the early conclusion of a regime for Antarctic mineral resources which would take due account of the respective interest of the Consultative Parties as regards the form and content of the regime, including decision- making procedures, as well as the special characteristics of the Antarctic area;
    Recalling Recommendations VII-6, VIII-14, IX-1 and X-1;
    Recalling further Recommendations VI-4, VII-1, VIII-11, VIII-13, IX-5, IX-6 and X-7;
    Recommend to their Governments that:
    1. They take note of the progress made toward the timely adoption of a regime for Antarctic mineral resources at the Eleventh Consultative Meeting and related meetings and the importance of this progress.
    2. A regime on Antarctic mineral resources should be concluded as a matter of urgency.
    3. A Special Consultative Meeting should be convened in order:
    1. to elaborate a regime;
    2. to determine the form of the regime including the question as to whether an international instrument such as a convention is necessary;
    3. to establish a schedule for negotiations, using informal meetings and sessions of the Special Consultative Meeting as appropriate; and
    4. to take any other steps that may be necessary to facilitate the conclusion of the regime, including a decision as to the procedure for its adoption.
    4. The Special Consultative Meeting should base its work on this Recommendation and the relevant Recommendations and Reports of the Eighth, Ninth and Tenth Antarctic Treaty Consultative Meetings.
    5. The regime should be based on the following principles:
      the Antarctic Treaty must be maintained in its entirety;
    1. protection of the unique Antarctic environment and of its dependent ecosystems should be a basic consideration;
    2. the Consultative Parties, in dealing with the question of mineral resources in Antarctica, should not prejudice the interests of all mankind in Antarctica;
    3. the provisions of Article IV of the Antarctic Treaty should not be affected by the regime. It should ensure that the principles embodied in Article IV are safeguarded in application to the area covered by the Antarctic Treaty.
    6. Any agreement that may be reached on a regime for mineral exploration and exploitation in Antarctica elaborated by the Consultative Parties should be acceptable and be without prejudice to those States which have previously asserted rights of or claims to territorial sovereignty in Antarctica as well as to those States which neither recognize such rights of or claims to territorial sovereignty in Antarctica nor, under the provisions of the Antarctic Treaty, assert such rights or claims.
    7. The regime should inter alia:
    1. Include means for:
      1. assessing the possible impact of mineral resource activities on the Antarctic environment in order to provide for informed decision-making;
      2. determining whether mineral resource activities will be acceptable;
      3. governing the ecological, technological, political, legal and economic aspects of those activities in cases where they would be determined acceptable, including
        • the establishment, as an important part of the regime, of rules relating to the protection of the Antarctic environment; and
        • the requirement that mineral resource activities undertaken pursuant to the regime be undertaken in compliance with such rules.
    2. Include procedures for adherence by States other than the Consultative parties, either through the Antarctic Treaty or otherwise, which would:
      1. ensure that the adhering State is bound by the basic provisions of the Antarctic Treaty, in particular Articles I, IV, V and VI, and by the relevant Recommendations adopted by the Consultative Parties; and
      2. make entities of that State eligible to participate in mineral resource activities under the regime.
    3. Include provisions for co-operative arrangements between the regime and other relevant international organizations.
    4. Apply to all mineral resource activities taking place on the Antarctic Continent and its adjacent offshore areas but without encroachment on the deep seabed. The precise limits of the area of application would be determined in the elaboration of the regime.
    5. Include provisions to ensure that the special responsibilities of the Consultative Parties in respect of the environment in the Antarctic Treaty Area are protected, taking into account responsibilities which may be exercised in the area by other international organizations.
    6. Cover commercial exploration (activities related to minerals involving, in general, retention of proprietary data and/or non-scientific exploratory drilling) and exploitation (commercial development and production).
    7. Promote the conduct of research necessary to make environmental and resource management decisions which would be required.
    8. They promote and co-operate in scientific investigations which would facilitate the effective operation of the regime taking into account, inter alia, the relevant parts of the Report of Ecological, Technological and other Related Experts on Mineral Exploration and Exploitation in Antarctica (Washington, June 1979), attached as an annex to the Report of the Tenth Consultative Meeting.
    9. With a view to improving predictions of the environmental impacts of activities, events and technologies associated with mineral resource exploration and exploitation should such occur, they continue with the assistance of the Scientific Committee on Antarctic Research, to define programs with the objectives of:
    1. Retrieving and analyzing relevant information from past observations and research programs;
    2. Ensuring in relation to the needs for information identified by the Experts Report, that effective use is made of existing programs;
    3. Identifying and developing new programs that should have priority, taking account of the length of time required for results to become available.
    10. In elaborating the regime, they take account of the provisions of Recommendation IX-1, paragraph 8.

    1.11.2 Final Report of the Fourth Special Antarctic Treaty Consultative Meeting on Antarctic Mineral Resources

     The Fourth Special Antarctic Treaty Consultative Meeting on Antarctic Mineral Resources was convened in accordance with Recommendation XI-1 adopted by the Antarctic Treaty Consultative Parties at Buenos Aires in July 1981.
    2. The Special Consultative Meeting began its work at Wellington from 14 to 25 June 1982 and was attended by Representatives of the 14 Antarctic Treaty Consultative Parties at that time, namely Argentina, Australia, Belgium, Chile, France, Federal Republic of Germany, Japan, New Zealand, Norway, Poland, South Africa, Union of Soviet Socialist Republics, United Kingdom of Great Britain and Northern Ireland, and United States of America. Mr Christopher Beeby, Representative of New Zealand, was elected as Chairman. 3. Further sessions were held as follows:
    Wellington, 17 to 28 January 1983
    Bonn, 11 to 22 July 1983
    Washington DC, 18 to 27 January 1984
    Tokyo, 23 to 31 May 1984
    Rio de Janeiro, 26 February to 12 March 1985
    Paris, 23 September to 6 October 1985
    Hobart, 14 to 25 April 1986
    Tokyo, 27 October to 12 November 1986
    Montevideo, 11 to 20 May 1987
    Wellington, 18 to 29 January 1988.
    4. All sessions were attended by Representatives of the Antarctic Treaty Consultative Parties mentioned in paragraph 2 above. Representatives of Brazil and India (from the session held in Washington in January 1984), China and Uruguay (from the session held in Hobart in April 1986), and the German Democratic Republic and Italy (from the session held in Wellington in January 1988) also participated as Consultative Parties.
    5. Following the decision taken at the Twelfth Antarctic Treaty Consultative Meeting held in Canberra in 1983 that delegations of Contracting Parties to the Antarctic Treaty that are not Consultative Parties, may be invited to attend Consultative Party meetings as observers, it was decided at the session in Tokyo in May 1984 to extend this decision to the meetings on Antarctic Minerals. Accordingly, invitations to attend the negotiations were extended to such Contracting Parties from the session held in Rio de Janeiro in February/March 1985. In accordance with such invitations delegations from Austria, Bulgaria, China, Cuba, Czechoslovakia, Denmark, Ecuador, Finland, German Democratic Republic, Greece, Hungary, Italy, Republic of Korea, Netherlands, Papua New Guinea, Peru, Romania, Spain, Sweden and Uruguay attended various sessions of the negotiations.
    6. The final session of the Fourth Special Antarctic Treaty Consultative Meeting was held at Wellington from 2 May to 2 June 1988. It was opened by Hon Russell Marshall, Minister of Foreign Affairs and Minister of Disarmament and Arms Control of New Zealand. Mr Christopher Beeby of New Zealand was elected as Chairman.
    7. Representatives of all the Consultative Parties, namely Argentina, Australia, Belgium, Brazil, Chile, China, France, German Democratic Republic, Federal Republic of Germany, India, Italy, Japan, New Zealand, Norway, Poland, South Africa, Union of Soviet Socialist Republics, United Kingdom of Great Britain and Northern Ireland, United States of America and Uruguay participated in the session. On the invitation of the Consultative Parties, Representatives of 13 Contracting Parties to the Antarctic Treaty that are not Consultative Parties, namely Bulgaria, Canada, Czechoslovakia, Denmark, Ecuador, Finland, Greece, Republic of Korea, Netherlands, Papua New Guinea, Peru, Romania and Sweden, also participated in the session.
    8. Consultations were held under the auspices of the Chairman to advance work on key aspects of the informal negotiating text that had been under negotiation at previous sessions (MR/17 and its subsequent revisions I to V/Corr.1). A Main Committee, open to participation by all delegations, was established under the Chairmanship of Mr Rolf Trolle Andersen of Norway, to review particular aspects of the text and to consider proposals for amendments.
    9. The Drafting Committee, comprising representatives from Argentina, Brazil, Chile, China, France, Federal Republic of Germany, Union of Soviet Socialist Republics, United Kingdom of Great Britain and Northern Ireland and the United States of America and under the Chairmanship of Mr Orlando R. Rebagliati of Argentina, continued the work it had begun at the session in Wellington in January 1988 to review drafting issues in the text and to ensure the concordance of the text in the official languages of the Antarctic Treaty.
    10. At the conclusion of the session the Representatives of the Consultative Parties adopted by consensus, in the four official languages of the Antarctic Treaty, the Convention on the Regulation of Antarctic Mineral Resource Activities, and, together with the Representatives of the Non-Consultative Parties participating in the final session, signed the Final Act of the Fourth Special Antarctic Treaty Consultative Meeting on Antarctic Mineral Resources to which the Convention is annexed.
    11. Statements made by Representatives upon the adoption of the Convention are annexed to this report.
    12. The Representatives expressed their gratitude to the Government and people of New Zealand for hosting the Meeting and to the Chairman, Mr Christopher Beeby, and the members of the New Zealand delegation and the Secretariat for their assistance in making the Convention possible.
    13. The Meeting agreed that the Convention would be opened for signature at Wellington on 25 November 1988.

    1.11.3 Final Act of the Fourth Special Antarctic Treaty Consultative Meeting on Antarctic Mineral Resources

     The final session of the Fourth Special Antarctic Treaty Consultative Meeting on Antarctic Mineral Resources was held at Wellington from 2 May to 2 June 1988. Representatives of the Consultative Parties to the Antarctic Treaty, namely Argentina, Australia, Belgium, Brazil, Chile, China, France, German Democratic Republic, Federal Republic of Germany, India, Italy, Japan, New Zealand, Norway, Poland, South Africa, Union of Soviet Socialist Republics, United Kingdom of Great Britain and Northern Ireland, United States of America and Uruguay, participated in the Meeting. On the invitation of the Consultative Parties, Representatives of 13 Contracting Parties to the Antarctic Treaty that are not Consultative Parties, namely Bulgaria, Canada, Czechoslovakia, Denmark, Ecuador, Finland, Greece, Republic of Korea, Netherlands, Papua New Guinea, Peru, Romania and Sweden, also participated in the Meeting.
    As a result of their deliberations, the Consultative Parties adopted in the official languages of the Antarctic Treaty the 'Convention on the Regulation of Antarctic Mineral Resource Activities', the text of which is annexed to this Final Act and agreed that it would be opened for signature at Wellington on 25 November 1988. Taking into account the decision reflected in Article 67 of the Convention that Chinese would be an authentic language, the Meeting agreed that the Drafting Committee would be reconvened by the Depositary, at a time and place to be agreed, for the purpose of bringing into concordance with the text of the Convention in the four official languages of the Antarctic Treaty, a Chinese text. To this end it was agreed that the Depositary would circulate in advance of such meeting a text of the Convention in the Chinese language.
    The Meeting also agreed that the Drafting Committee should consider any questions of linguistic consistency, which might possibly be found to be necessary, in the authentic texts in the official languages of the Antarctic Treaty with a view to their rectification in accordance with the rules and procedures set forth in the Vienna Convention on the Law of Treaties 1969.
    With respect to the decision reflected in Article 67(2) of the Convention the Meeting noted that at any time after the opening for signature of the Convention a Signatory or Acceding State could lodge with the Depositary an official translation of the Convention which would then be circulated in accordance with Article 67(2).
    The Meeting also considered the question of continuing the restraint of Antarctic mineral resource activities agreed to in Recommendation IX-1 for the interim period before the entry into force of the Convention. Taking into account Recommendation IX- 1 and the adoption by the Meeting of the Convention on the Regulation of Antarctic Mineral Resource Activities, the Meeting agreed that all States represented at the Meeting would urge their nationals and other States to refrain from Antarctic mineral resource activities as defined in the Convention pending its timely entry into force.
    The Meeting recognised that unfair economic practices including certain forms of subsidies could cause adverse effects to the interests of Parties to the Convention and that such effects should be addressed in the context of the relevant multilateral agreements. To this end, the Meeting agreed that Parties to the Convention which are also Parties to such multilateral agreements will determine conditions of application of these agreements to Antarctic mineral resource activities.
    The Meeting noted that mineral resources, as defined in Article 1(6) of the Convention, do not include ice and that if harvesting of ice, including icebergs, were to become a possibility in the future there could be impacts on the Antarctic environment and on dependent and on associated ecosystems. The Meeting also noted that the harvesting of ice from the coastal region of Antarctica, more particularly if land based facilities were required. could raise some of the environmental and other issues addressed in the Convention. The Meeting agreed that the question of harvesting Antarctic ice should be further considered by the Antarctic Treaty Consultative Parties at the next regular meeting.
    The Meeting noted the requirement under Article 8 of the Convention for a separate Protocol on liability and agreed that it would be desirable to begin work on its elaboration at an early stage.
    With respect to the financial obligations of Operators, the Meeting noted the importance for the operation of the Convention that an indication of the possible extent of the financial obligations of Operators should be available to them in reasonable time before applications for exploration permits are submitted.
    The Meeting agreed that the area of regulation of Antarctic mineral resource activities defined in Article 5(2) of the Convention does not extend to any continental shelf appurtenant in accordance with international law to islands situated north of 60 south latitude.
    The Meeting also agreed that the geographic extent of the continental shelf as referred to in Article 5(3) of the Convention would be determined by reference to all the criteria and the rules embodied in paragraphs 1 to 7 of Article 76 of the United Nations Convention on the Law of the Sea.
    With respect to Articles 6 and 41(1) (d) of the Convention, the Meeting noted that the promotion and encouragement of international participation do not prejudice the right of any applicant to exercise freedom of choice over the partners in a joint venture, including the terms of their partnership, consistently with the Articles referred to above and any measures pursuant to them, in offering international participation in any proposed Antarctic mineral resource activity. The Meeting agreed that Article 8(10) of the Convention was to be interpreted as excluding multiple judgments in respect of the same liability claim. Specifically, if a liability claim has been referred to adjudication in the courts of one Party, such claim would not be subject to additional adjudication while those proceedings are pending or after they have resulted in a final judgment. The Meeting also noted that Article 8(10) would apply in the period prior to entry into force of the Protocol referred to in Article 8(7) and it was understood that paragraph 10 should be interpreted in light of Article 37 of the Convention and that the Operators referred to in that paragraph were those defined in Article 1 of the Convention.
    In relation to Article 29 of the Convention the Meeting agreed that the member or members of the Commission mentioned in Article 29(2) (a) are those identified by reference to Article IV(1) (a) of the Antarctic Treaty. The members of the Commission mentioned in Article 29(2) (b) are those identified by reference to Article IV(1) (b) of the Antarctic Treaty.
    The Meeting acknowledged that the specific formula in Article 29(3) (b) of the Convention ('at least three developing country members' of the Commission) accurately reflected the balance between developed and developing Consultative Parties as at the date of the adoption of the Convention. It was also recognised that in the event of an increase of the size of the Commission in the future resulting in a significant alteration of this balance, there would be a case for considering, by way of an amendment in accordance with Article 64 of the Convention, the specific formula in Article 29(3) (b) of the Convention and, by reference to paragraph 2(c) (ii) of that Article, the total membership of the Regulatory Committee.
    The Meeting agreed that it was desirable that the decision making process in the Regulatory Committee pursuant to Article 32 of the Convention should reflect all the interests represented in the Regulatory Committee. It was also agreed, in particular, that it was desirable that the two-thirds majority referred to in Article 32 should include at least one developing country.
    With respect to Article 62 of the Convention, the Meeting agreed that all of the institutions of the Convention could not be established in respect of every area of Antarctica unless all the States referred to in Article IV(1) (a) and (b) of the Antarctic Treaty and at least four States referred to in paragraph 1(c) of that Article were Parties to the Convention, and that these included at least three developing countries.
    The Meeting agreed that the titles of Chapters and Articles in the Convention are indicative only and were included for the sole purpose of facilitating examination of the text and reference to different provisions of the Convention.
    The Meeting also agreed that the contents of this Final Act are without prejudice to the legal position under the Antarctic Treaty of any Party.
    Done at Wellington, this second day of June 1988, in a single original copy in the four official languages of the Antarctic Treaty to be deposited in the archives of the Government of New Zealand which will transmit a certified copy thereof to all Contracting Parties to the Antarctic Treaty. Next Section - 1-11-4