1998 Year of the Ocean A Survey of International Agreements 



Canada are well along in the ratification process. The Clinton Administration is in the process of 

 deciding whether to submit the HNS Convention to the Senate for advice and consent. Several 

 difficult issues are under consideration, including preemption of U.S. liability statutes, which 

 were particularly troublesome in the context of the international liability and compensation 

 regime for oil. 



International Convention on supplemental Compensation for Nuclear Damage 

 (Supplemental Convention on Nuclear Damage) 1997 



The Supplemental Convention on Nuclear Damage, was negotiated under the auspices of 

 the International Atomic Energy Agency to provide supplemental compensation for civil 

 damages resulting fi-om a nuclear accident, including an accident involving the transport of 

 nuclear materials by sea. It establishes an international fund that would provide compensation of 

 approximately $400 million, over the first $400 million of the liability limits provided by a 

 party's domestic legislation. In order to become a party to the Supplemental Convention a State's 

 liability legislation or international obligations must meet certain minimum criteria, including 

 strict liability, channeling of liability to the operator, and a single forum for jurisdiction among 

 parties. It also creates a mechanism that facilitates States entering into global international 

 agreements on civil nuclear liability that does not currently exist. 



THE ANTARCTIC AND ARCTIC 

 The Antarctic Treaty, Washington, 1959 



The Antarctic Treaty, which entered into force in 1961, applies to the area south of 60°S 

 including all ice shelves. The Treaty guarantees freedom of scientific research in Antarctica; 

 establishes Antarctica as a zone reserved exclusively for peaceful purposes; bans military 

 activities, including weapons testing; and prohibits nuclear explosions and the disposal of 

 radioactive waste. It also provides the right of onsite inspection of all stations and installations in 

 Antarctica to promote the objectives of the Treaty and to ensure compliance with its provisions. 

 The Treaty freezes the question of previously asserted rights and claims to territorial sovereignty 

 in Antarctica, and provides that no acts or activities carried out while the Treaty is in force will 

 constitute a basis for a claim. The Antarctic Treaty provided for consultative meetings to 

 exchange information, consult on matters of common interest, and recommend measures in 

 furtherance of the principles and objectives of the Treaty. 



As a result of these consultative meetings, approximately two hundred recommendations 

 have been agreed to by the consultative parties. The recommendations incorporate measures to 

 give effect to the principles and purposes of the Antarctic Treaty. Recommendations adopted at 

 consultative meetings include initiatives which have led to the conclusion of separate agreements 

 which address resource issues. Two such agreements are in force: the Convention for the 

 Conservation of Antarctic Seals (concluded 1972, entered into force 1978) and the Convention 



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