The great southern holiday: How SHOULD we regulate the Antarctic tourism industry? Rebecca Bates, Lecturer University of Sydney AUSTRALIAN CENTRE FOR CLIMATE AND ENVIRONMENTAL LAW

Overview

Unique nature of the Antarctic environment and legal structure Antarctic tourism industry Need for reform?

The Antarctic Environment

The world’s ‘last remaining wilderness’ – Biologically unique – Short food webs – Limited ability to absorb human activity Support of global oceanic and climate systems

Antarctic Tourism

1956 first commercial tourism voyage Problems and dangers posed by environment – Mt Erebus disaster – Problem of how to respond to major disasters Environmental sensitivity – Concentrated nature of tourism activity 2008/2009 season….

Legal Regime and Tourism Related Provisions 1959 Antarctic Treaty – Article IX(1)(f) requires that parties commit themselves to the ‘preservation and conservation of living resources in the Antarctic’ Antarctic Seals Convention Convention for the Conservation of Antarctic Marine Living Resources

1991 Protocol on Environmental Protection – Specific annexes provide for waste management, EIA, conservation of flora and fauna, waste management, the prevention of marine pollution, area protection and management and liability arising from environmental emergencies. Industry Self Regulation – International Association of Antarctic Tour Operators (IAATO)

New Approach? Weakness of current structure Potential for the adoption of a tourism annex to the Madrid Protocol – Focus on sustainable use and development – Application of the precautionary principle Expanded EIA process – Increased interaction with self-regulatory regime

Conclusion

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