Liability for Environmental Damage in Antarctica: Adoption of Annex VI to Madrid Protocol

Abstract

In 2005, the Antarctic Treaty System adopted the Annex to the Protocol on Environmental Protection to the Antarctic Treaty on Liability Arising from Environmental Emergencies (also known as Annex VI). Annex VI contains provisions on preventive measures and contingency planning. It creates responsibilities for state and non- state operators (such as tourist ship operators) regarding response action to any form of an environmental emergency. It also establishes what the liability would be for failure of the state or non-state to take action to respond to the emergency. Annex VI established exceptions from liability and limits of liability. The paper observed that Annex VI is not comprehensive enough and lacks regulations that would make the liability and accountability stricter. The paper also found that Annex VI imposes liability for mere damage to the environment, even where there is no economic loss or damage, something novel in environmental law. The paper noted that Annex VI is still waiting for the ratification by the present Consultative Parties and recommended for its speedy ratification.

 Keywords: Environment, Environmental Protection, Environmental Emergency