By Francisco Orrego Vicuna
The procedure of foreign co-operation within the Antarctic has been evolving swiftly because the signing of the Antarctic Treaty in 1959. Inextricably associated with this co-operation is the query of the rational administration of Antarctic assets. during this publication Professor Orrego Vicuna examines intensive the felony framework - the Antarctic Treaty, sovereignty, jurisdiction and the legislation of the ocean - because it pertains to the exploitation of Antarctic minerals. this can be quickly turning into a stay factor with the ever-growing power for the advance of those assets. the 1st a part of the ebook examines the most features of the foreign felony framework governing the co-operation of states in Antarctica, rather on the subject of source conservation. in contrast historical past, within the moment a part of the ebook, the regime for mineral assets is mentioned in enough aspect to spot the elemental concerns and pursuits that have to be accommodated in an effort to reach a suitable conference. the ultimate a part of the publication considers the real set of questions raised by means of the curiosity of the area neighborhood at huge within the Antarctic: most importantly, the projects touching on a broader foreign participation below the auspices of the United international locations.
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Additional info for Antarctic Mineral Exploitation: The Emerging Legal Framework (Studies in Polar Research)
We are conscious that in a highly politicised area such as climate change, presenting the current rules, institutions and procedures is not an easy undertaking. We have tried to be as objective as possible in our assessment of what has been agreed and acknowledge that our estimate of consensus may not always coincide with the view of any single state or group of states. Accordingly, in some areas that are particularly contentious, we have opted to report the divergent views that exist rather than to accord privilege to one viewpoint, as doing the former would, in our view, promote a better understanding of the existing framework, however inchoate this might be.
We have tried to keep the main discussion of the rules within the body of the text, with text boxes being largely devoted to providing historical and explanatory materials that might be of interest to some readers in need of additional background information. Chapters 13–18 examine the institutions and procedures established by the regime to oversee implementation, enforcement and future development of its rules. Chapter 13 explains the mandate and working modalities of institutions directly established by the climate regime, including the role of the COP, the Kyoto Protocol’s governing body, the Conference of the Parties serving as the meeting of the Parties (COP/MOP), and the various subsidiary bodies.
For a more detailed explanation of legal sources see Oppenheim, 1996; Sands, 1995b: p. 103; and Birnie and Boyle, 2002. Oppenheim, 1996: p. 7. Introduction In order to establish the existence of a rule of customary international law two elements have to be proved: first, a consistent practice or conduct adopted by states, and second, a conviction on the part of states that such conduct is motivated by a sense of legal obligation (opinio juris). Practice must be extensive and virtually uniform, but individual instances of non-compliance do not negate the existence of a customary rule.
Antarctic Mineral Exploitation: The Emerging Legal Framework (Studies in Polar Research) by Francisco Orrego Vicuna