Values and Principles in the Antarctic Treaty and the Environmental Protocol:An Overview and Categorization

• Main Authors: Makanse, Yousra, Alvarez Ortega, Elena, Molenaar, Erik, Bastmeijer, Kees
• Format: Article in Journal/Newspaper
• Language: English
• Published: 2023
• Subjects: Values; Principles; Antarctica; Antarctic Treaty; Madrid Protocol; Antarctic governance; Antarctic; The Antarctic; Antarc*; Yearbook of Polar Law
• Online Access: https://hdl.handle.net/11370/6afce322-ca34-44e7-add9-1b6e662561bb; https://research.rug.nl/en/publications/6afce322-ca34-44e7-add9-1b6e662561bb

Values and principles are mentioned in numerous hard law and soft law instruments within the Antarctic Treaty System (ATS). However, no provision within any of the ATS instruments fully lists or describes them all. Moreover, their meaning is not elaborated upon or defined, and the relationships between values and principles are also not clearly stated. This paper aims to identify ATS values and principles by examining two hard law instruments: the Antarctic Treaty and the Protocol on Environmental Protection. Based on definitions of the concepts of ‘value’ and ‘principle’, the paper provides an overview of the values and principles included in these instruments and proposes a categorization. Through this examination, the authors aim to expand the comprehension and elucidation of the ATS values and principles while also stimulating further research on the topic. A more structural understanding and attention to the values and principles can prove fundamental in further shaping Antarctic governance and developing new regulatory instruments.