Chapter V — International 
rate agreement be concluded to protect the Antarctic 
environment. 
The Mineral Resource Convention will not enter 
into effect until it is ratified by all 26 of the Antarctic 
Treaty Parties that held consultative status at the time 
the Convention was concluded. Thus, the decision by 
a single country not to ratify the Convention meant 
that it could not enter into force. 
At the XVth Antarctic Treaty Consultative Meeting 
in Paris in October 1989, the Treaty Parties agreed 
that a special consultative meeting should be held in 
1990 to consider various proposals for protection of 
the Antarctic environment. Sessions of the XIth 
Special Antarctic Treaty Consultative Meeting, were 
held in Vina del Mar, Chile, from 19 November-6 
December 1990, and in Madrid, Spain, on 22-30 
April, 17-22 June, and 3-4 October 1991. At the 
latter session, the Protocol on Environmental Protec- 
tion to the Antarctic Treaty was adopted. 
The Protocol included four annexes setting forth 
specific obligations and requirements with respect to 
(1) prior assessment of the possible environmental 
impacts of planned activities in Antarctica; (2) conser- 
vation of native fauna and flora; (3) waste disposal 
and waste management; and (4) prevention of marine 
pollution. A fifth annex, setting forth specific obliga- 
tions and requirements for special area protection and 
Management was adopted at the XVIth Antarctic 
Treaty Consultative Meeting held in October 1991. 
The purpose of the Protocol is to improve the 
effectiveness of the Antarctic Treaty as a mechanism 
for protecting the Antarctic environment and for 
ensuring that the Antarctic does not become the scene 
or object of international discord. It designates 
Antarctica as a natural reserve, devoted to peace and 
science. It establishes general governing principles 
and legally binding obligations to protect the Antarctic 
environment. It prohibits any activities relating to 
mineral resource exploration and development, and 
specifies that this prohibition cannot be lifted for at 
least 50 years following entry into force of the Proto- 
col. It specifies that a legally binding regime to 
govern mineral resource activities must be in place 
before the prohibition can be lifted. 
135 
The Protocol will not enter into force until it has 
been ratified by all 26 of the current Antarctic Treaty 
Consultative Parties. 
On 14 February 1992 the President transmitted the 
Protocol to the Senate for its advice and consent to 
U.S. ratification. The Senate provided its advice and 
consent on 7 October 1992. However, consistent with 
general practice, the United States will not formally 
ratify the Protocol until legislation has been passed to 
provide the government statutory authority to imple- 
ment its provisions. 
Proposed implementing legislation was drafted in 
1992 by both the Administration and Congressional 
staff members. The draft bills differed substantially, 
and no action was taken on either in 1992. In 1993 
efforts will continue to develop implementing legisla- 
tion acceptable to both the Government and interested 
constituents. 
The Marine Mammal Commission believes that if 
the United States acts promptly to pass effective 
implementing legislation, other Antarctic Treaty 
Consultative Parties will follow suit. On the other 
hand, if the United States does nothing, or if it adopts 
weak implementing legislation, it is likely that other 
Parties will act accordingly. Therefore, in 1993 the 
Commission will work through the Interagency Work- 
ing Group on the Antarctic to develop and seek 
passage of effective implementing legislation. 
First Meeting of Experts on 
Environmental Monitoring in Antarctica 
Among other things, the Antarctic Treaty Protocol 
on Environmental Protection requires that Parties 
carrying out activities in Antarctica design and con- 
duct programs to verify that the activities do not have 
unacceptable environmental impacts as defined by the 
Protocol. To assist in determining what would be 
required to meet this obligation, the XVIth Antarctic 
Treaty Consultative Meeting agreed that a meeting of 
experts should be held to identify the nature and 
significance of environmental impacts possibly result- 
ing from research and other activities in Antarctica, as 
well as the types of monitoring programs that would 
be required to detect possible impacts. 
