How Cautious is Precautious?: Antarctic Tourism and the Precautionary Principle

Literature on the Antarctic Treaty System (ATS), particularly that written by citizens of States that are Consultative Parties to the Antarctic Treaty, has often been celebratory in character. The ATS, we have been told, is a model of international co-operation. The regime has prided itself on addre...

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Bibliographic Details
Published in:International and Comparative Law Quarterly
Main Author: Scott, Shirley V.
Format: Article in Journal/Newspaper
Language:English
Published: Cambridge University Press (CUP) 2001
Subjects:
Online Access:http://dx.doi.org/10.1093/iclq/50.4.963
https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S0020589300065647
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Summary:Literature on the Antarctic Treaty System (ATS), particularly that written by citizens of States that are Consultative Parties to the Antarctic Treaty, has often been celebratory in character. The ATS, we have been told, is a model of international co-operation. The regime has prided itself on addressing issues ahead of crisis situations; and, since the conclusion, and subsequent entry into force, of the Environmental Protocol, with its protection of the Antarctic environment. This acclaim of the system that manages Antarctic affairs may be to a large extent warranted. Antarctica has remained peaceful and its value as a scientific laboratory has in recent years been enhanced through the contribution of Antarctic science to understanding environmental issues of global concern. But the environmental credentials of the Treaty System will be immeasurably weakened if it continues to display such a huge anomaly between its treatment of mining and that of tourism. Tourism is covered by only a very weak application of the precautionary principle while the application of the precautionary principle to the issue of mining has been ‘extreme’. The principal factor behind this anomaly appears to be political opportunism.