Antarctic Challenge II: Conflicting Interests, Cooperation, Environmental Protection, Economic Development. Proceedings of an Interdisciplinary Symposium, September 17th - 21st, 1985 [1 ed.] 9783428460687, 9783428060689

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Antarctic Challenge li

VEROFFENTLICHUNGEN DES INSTITUTS FUR INTERNATIONALES RECHT AN DER UNIVERSITAT KIEL

Iierausgegeben von Jost Delbrück · Wilhelm A. Kewenig · Rüdiger Wolfrum 95

Antarctic Challenge II Conflicting Interests, CöoperatiIi Environmental Protection, Economic Development Proceedings of an Interdisciplinary Symposium September 17th - 21st, 1985 Organized by the Institut für Internationales Recht an der Universität Kiel and the Alfred-Wegener-Institut für Polar- und Meeresforsdlung, Bremerhaven

Edited by

Rüdiger Wolfrum Assistant Editors: Klaus Bockslaff and lngrid L. Jahn

DUNCKER

&

HUMBLOT I

BERLIN

The organization of the symposium and the publication of this volume have been made possible by generous grants from: Bundesministerium für Forschung und Technologie, Bonn

CIP-Kurztitelaufnahme der Deutsdlen Bibliothek Antarctic dlallenge: conflicting interests, cooperation, environmental protection, econom. development; proceedings of an interdisciplinary symposium I organized by the lnst. für Internat. Redlt an d. Univ. Kiel. Ed. by Rüdiger Wolfrum. Assistant ed.: Klaus Bo-

.,uc...

.,~

:a ~~~ ., 0

Investlgated feature

Ship

Area

1976/77

NARE Polarsirkel

Weddell Sea

1000

16

Crary Trough, passive margin

1977178

BGR

Weddell Sea

4625

48

Explora Wedge, passive margin

1500

Season

Explora

1978/79

NARE

Weddell Sea

1980/82

USSR

Weddell Sea

12

Crary Trough, SW Weddell Sea

1982/83

JNOC Hakurei Maru

Weddell Sea

24

Weddell abyssal plain

1984/85

NARE Andenes

Weddell Sea

2250

48

Explora Wedge, Crary Trough

BAS

Ant. Peninsula

Po land

Bransfleld Str.

1980/81

JNOC Hakurei Maru

Bellloghausen Sea

3280

12

act. margin, paleo-arc-trench

1979/80

BGR

Explora

Ross Sea

6100

48

Eastern and central basin

1981182

IFP

Explora

Ross Sea

1500

48

Eastern and central basin

1982/83

JNOC Hakurei Maru

Ross Sea

1670

24

Eastem and central basin

1983/84

USGS S.P.Lee

Ross Sea

2350

24

Victoria Land basin

1981182

IFP

Off Wllkes Land

3000

48

passive margin

1982/83

JNOC Hakurei Maru

Off Wllkes Land

680

24

passive margln

1983/84

USGS

S. P. Lee

Off Wllkes Land

5600

1981/82

BMR

Nella Dan

Prydz Bay

5000

1984/85

JNOC Hakurei Maru

1984/85

Explora

Pianned: 1985/86

JNOC Hakurei Maru

Off Queen Maud Land

USSR BGR

Prydz Bay Polarstern

Weddell Sea

12/24 passive margin 6

Prydz basin, passive margin

Antarctic Mineral Resources

Maximum Investigated2 thickness part of conti· of sedim. nentalmargin

Publication 3

5km

shelflslope

a)

6km

shelflslope

a) HINZ, 1978

b) HINZ&KRAUSE, 1982

a)

b)

b) HAUGLAND, 1982

shelf

a)

b)

deep ocean

a) OKUDA et al., 1983

b)

5km+

shelflslope

a) HAUGLAND et al., 1985 b) HAUGLAND&KRISTOFPERSBN, 1985

3-4 km

slope/ deep ocean

a) KIMURA, 1982

b)

6km

shelf

a) FRITSCH, 1980

b) HINZ&BLOCK, 1983

shelf

a)

b)

6km

shelf

a)

b) SATO et al., 1984

8·11 km

shelf

a) EITTREIM et al., 1984 COOPER&DAVEY, 1985

b) COOPER et al., in press

6·1 km

shelflslope

·a)

b) WANNESSON et al., 1985

5km

slope

a)

b) SATO et al., 1984

3·6 km

slope

a) EITTRE!Met al., 1984

b) EITTREIM, in press

5 km+

shelflslope

a) STAGG et al., 1983

b) STAGG, in press

10·12 km

Explanatory notes 1) NARE BGR USSR JNOC IFP USGS BMR

-

Norwegian Antarctic Research Program Bundesanstalt für Geowissenschaften und Rohstoffe, F. R. Germany Union of the Soviet Soclalist Republics Japanese National Oll Corporation Institut Francals du PetroJe United States Geologlcal Survey Bureau of Mineral Resources, AustraUe

2) Where major part of lnvestigations took place 3) a) lndicates cruise report without detalled results b) indicates detalled scientific publication of results

21

28

Pranz Tessensohn

sions are supposed to extend from under the inland ice into the continental shelf, the Wilkes basin onto the Adelie Shelf, the Byrd Subglacial Basin out into the Bellingshausen Sea. In both cases, the main problern is to gain data on the continental shelf. As the experience of several researdl groups (compare Table 1) has shown, the access onto the shelf is normally not possible because of heavy pack ice. Thus the data obtained are from the continental slope or the deep ocean floor as those collected by Japanese researdlers in the Bellingshausen Sea (KIMURA et eil., 1982). Remants of an older active continental margin with 3-4 km of sediments were found on the slope in front of the present margin. This is supposed to be an equivalent of the South Shetland Are and Bansfield Trough further north. Only one short profile crossed the outer part of the Continental Shelf. A similar situation is encountered at the Adelie margin. Out of three cruises in that area only the Frendl cruise obtained data from the shelf in front of Adelie Land (Wannesson et al., 1985). The sediments are thinning from the outer shelf towards the coast thus indicating that in this sector the Wilkes Basin does not continue out on the shelf. Whether it does in the sector further east remains open for the time being as no seismic lines have yet been acquired on this shelf. The 3-6 km of sediments reported from the US cruise (EITTREIM, in press) are from the continental slope off the Adelie margin. Prydz Bay The Prydz Bay Basin is in a similar position as the two just discussed areas, i. e. it forms a continuation of an onland structure on the continental shelf. The main difference is that on land there is not only evidence of a morphological depression but of a deep sediment-filled trough, the Lambert Graben. As worked out by aeromagnetic methods (FREDOV et al., 1983) the narrow graben contains 10--12 km of sediments. If this situation is compared with features of other continental margins, we are easily led to the failed rift situation. In sudl a case a cradt (rift) at right angles to the continental margin failed to split the whole continent and to develop into an ocean. Failed rifts usually have a second brandl offshore parallel to the coast. A good example is provided by the Benue Rift in Nigeria. As Australian offshore seismic work (STAGG et al., 1983; STAGG, in press) has shown, the Lambert Graben in fact has two brandles offshore, the deeper one parallelling rather closely the coastline. 5 km of sediments are reported on the shelf, but the data are not excellent because of strong multiple reflections. In relation to the break-up of Australia and Antarctica, the sediments in the Prydz Basin consist of a lower pre-

Antarctic Mineral Resources

29

break-up series (Permian to Jurassic) and an upper post-break-up series (Cretaeeous to Cenozoic). Ross Sea The Ross Sea and its prolongation, the Ross Iee Shelf form a !arge morphologieal depression, a more than 1000 km deep embayment of the Antaretie eoastline. But different from the Weddell Sea embayment it does not have a deep oeeanie part in the eentre but is totally on eontinental erust. From the early days of geological research it could be deduced that this low-lying area is underlain by a sedimentary basin, for its boundary against the high block of the TransantareUe Mountains is an important fault line. But only modern multichannel seismics have revealed that the Ross Sea in faet eonsists of three separate basins (FRITSCH, 1980; DAVEY et al., 1982; HINZ & BLOCK, 1983; DAVEY et al., 1983; SATO et al., 1984). The Ross Sea is the most aceessible area of the Antarctic eontinental shelf and therefore the best invesHgated one. In addition to four multichannel seismic eruises with a total of 11 620 line-kilometres there exists earlier single-channel seismie data and several research drillholes. The multichannel seismies have shown that the sedimentary thickness in general is much greater than expected after the first single-channel data. Three basins run parallel to the TransantareHe Mountains. The Eastem Basin off Marie Byrd Land contains about 6 km of sediments, two thirds of which are of glacial character. These sediments lie to a large extent in deep water outside the shelf break. The Central Basin eontains about 4 km of sediments on the shelf. The Victoria Land Basin lies closest to the TransantareHe Mountains and is aeeessible only in good Antarctic summers. Seismic data of this basin were obtained only reeently by a US eruise (EITTREIM et al., 1984; COOPER & DAVEY, 1985; COOPER et al., in press). It seems to be the deepest basin, there are some doubts, however, on the deduced thickness of 8-11 km. There is some ambiguity about the true nature of the Ross Sea basins, for they ean be regarded either as back-are basins behind the young Andean Are or as independent rift basins which cut the Antarctic conHnent into two halves. The latter interpretaHon is supported by the presenee of typical volcanism. - The active Antaretie volcanoes Mt. Mel'boume and Mt. Erebus are very similar in character to some voleanoes along the East African Great Rift, especially Mt. Kenia and Mt. Kilimandjaro. - In addiHon at least one weil developed graben shoulder is preserved. It is hard to say, whether the Ross Sea rifts are failed arms, but the ongoing volcanic activity indicates rather ongoing tectonic activity.

30

Franz Tessensohn

In addition to good seismic coverage the Ross Sea has one further advantage over other investigated Antarctic shelf areas. Four research drill holes of the Deep Sea Drilling Program (DSDP) give direct information on the sedimentary strata. The drill holes were, as a normal DSDP practise, for safety reasons drilled away from the sedimentary basins. Three are located on the basement ridge between the Eastern and Central Basin, one is to the north of the Victoria Land Basin. This last one contained traces of ethane and methane, which gave rise to speculations about a possible hydrocarbon potential of the Ross Sea. Further Stratigraphie information could be gained from two other holes (MSSTS 1, CIROS 2) drilled through the ice of the McMurdo Sound. The sediments encountered in the drill hoies are all fairly young Tertiary strata, formed after the break-up of Australia and Antarctica. Slightly older cretaceous sediments that are known on the corresponding shelves of New Zealand and Tasmania, have yet to be located in the Ross Sea. In one respect the position of the Ross Sea is similar to that of the North Sea between Scotland and Norway. No equivalents of the young basin fill are found on the older highland blocks on either shore. Based on the data obtained for the sedimentary basins theoretical maturity calculations have been carried out (HINZ & BLOCK, 1983; COOK & DAVEY, 1984). These are aimed to figure out at what depth in a basin the temperature is high enough to mobilize the organic matter in the sediments. HINZ & BLOCK (1983) concluded for the Central Basin that: liquid hydrocarbons may have 'b een generated primarily within the pre-late Oligocene sediments, if these contain organic matter of sufficient amount and quality whereas COOK & DAVEY (1984) generalized that: the results for the Ross Sea basins are very encouraging for exploration. But as the seismic line spacing in the Ross Sea is still in the order of hundreds of kilometres, as a high percentage of the sediments is glacial in origin, and as nothing ,is known about possible source and reservoir rocks, about the organic content of the sediments ,and about possible seals and structures, it seems premature to consider the Ross Sea as a possible target for hydrocarbon exploration. Bransfield Strait The Bransfield Strait is located off the northern Antarctic Peninsula between the South Shetland Islands and the mainland. The narrow strait was not considered particularly interesting in terms of hydrocarbon

Antarctic Mineral Resources

31

perspectives, but it became a focus of attention when the following report appeared in the press: - Strang evidence of Antarctic Oil An analysis of sediment from the ßoor of Bransfield Strait, north of the Antarctic Peninsula, has yielded Munambiguous" evidence of oil deposits, according to researchers of the West German ship Polar-

stern.

- ... - The evidence for oil was obtained from a 28-foot cross section of sediment extracted by a coring device from the ßoor of a basin south of King George Isiand in the South Shetland Islands. Authors of the report noted that the area's abundant oceanic life continously enriches the sea ßoor in organic material. Presumably the organic matter is then baked by the high upward ßow of heat in this volcanic area, accelerating its conversion to oil and gas. Here and there volcanic intrusions push up the sediment layers creating potential oil reservoirs. The sediment had "a marked petroliferous smell M, the researchers said, and yielded methane gas up to 153 parts per billion, as well as a variety of other hydrocarbons. This, they added, provides the first Munambiguous evidence of active petroleuro source rodc.s along the Antarctic continent" the authors reported in a recent issue of "Nature". (New York Times, 21 May, 1985). This report is based on WHITICAR, SUESS & WEHNER (1985). It seems certain that a source rode. for hydrocarbons has been located here, but a source rode. does not yet inddcate a hydrocarbon deposit. On the contrary, the presence of young active voloanism close by (Deception Island) and on the sea bottarn ·i s a rather negative factor. IV. Tedmology Even if some of the Antarctic sedimentary basins may be prospective, it is doubtful whether they will ever •b e productive. There are just too many negative factors which would make a potential oilfield, even a giant one, uneconomic for exploitation. In the first place, there is the inhospitable Antarctic nature with its long winter of 8 months, its moving ice carapace inland and its floating pack. ice-barrier offshore, its unpredictably drifting gigantic icebergs, its stormy seas and its unpleasant working conditions, even in summer. The last two harsh environmental factors are coped with in other areas of the world, like off Patagonia or northern Norway. Some of the others are encountered in the Arctic. It is true that the Arctic exper.ience has produced solutions to many problems, but it is also true that there is a

32

Franz Tessensohn

growing awareness that because of the costs of these solutions Arctic oil may not be economic after all. The Antarctic is in many respects more difficult - and more expensive - than the Arctic. At first there is no land connection, the Antarctic is surrounded by the most stormy seas of the world. Then, the Antarctic shelves are generally much deeper, 500 to 900 m as compared to about 200 m and less of the Arctic. Arctic production platforms or artificial islands are up to now jnstalled only in very shallow water, so shallow that even icebergs are absent. Onshore facilities are difficult to set up in the Antarctic because the coasts are generally rodty and the few accessible areas are inhabited by large colanies of penguins, other birds or seals. The protection of the Antarctic environment is one of the key issues of the Antarctic Treaty, for several nations it is the most important one. Let us summarize: 1. The costs of technology, drilling, safety measures, transport, energy, support and personnel will be high. 2. The oil companies the.m selves do not seem to be overly excited about Antarctic prospects, unless financial support is provided by govemments. Antarctic oil at present is rated less than oil shales on land. 3. There may be petroleum resources in the Antarctic, but it seems very doubtful under these circumstances that these wdll ever be considered as uriches". REFERENCES For an extensive summary of publications before 1980 see: BEHRENDT, J . C. (ed.) (1983}, Petroleum and mineral resources of Antarctica. - United States Geological Survey Circular, 909, 75 pp, Washington D. C. BEHRENDT, J. C. (1983}, Are there petroleum resources in Antarctica?, in: J. C. BEHRENDT (ed.), Petroleum and .mineral resources of Antarctica, United States Geological Survey Circular, 909, 75 pp, Washington D, C. BEHRENDT, J. C., Scientific studies on the question of petroleum resources of Antarctica, in: J. S. SPLETTSTOESSER (ed.), Mineral resource potential of Antarctica, University of Texas Press (in press). BERGSAGER, E. (1982}, Basic conditions for the exploration and exploitation of mineral resources in Antarctica: options and ' precedents, in: F. 0 . VICUNA (ed.), Antarctic resources policy. Scientific, legal and political issues, 167-183, Cambridge University Press.

Antarctic Mineral Resources

33

CAMERON, P J. (1981), The petroleum potential of Antarctica and its continental margin, in: Journal of Am. Ass. Petroleum Geologists, 21, 99--111, Tulsa. COOK, R. A. I DAVEY, F. J. (1984), The hydrocarbon exploration of the basins of the Ross Sea, Antarctica, from modelling of the geophysical data, in: J. Petroleum Geology, 1. 2, 213-226. COOPER, A. K. I DAVEY, F. J. I BEHRENDT, J. C., Structure and evolution of the Victoria Land Basin, Western Ross Sea, Antarctica, in: Sixth Gondwana Symposium, Columbus, Ohio (in press). COOPER, A. K. I DAVEY, F. J. (1985), Episodic rifting of Phanerozoic rocks in the Victoria Land Basin, Western Ross Sea, Antarctica, in: Science, 229, 1085-1087. DAVEY,F.J. I BENNET,D.J.I HOUTZ,R.E. (1982), Sedimentary basins of the Ross Sea, Antarctica, in: New Zealand Journal of Geology and Geophysics, 25, 245-255, Wellington. DAVEY, F. J. I HINZ, K. I SCHROEDER, H. (1983), Sedimentary basins of the Ross Sea, Antarctica, in: R. L. OLIVER I P. R. JAMES I J. B. JAGO (eds.), Antarctic Earth Science, 533-538, Austral. Acad. Science, Canberra. DREW)!', D. J. (1983), Antarctica. - Glaciological and Geophysical Folio, 9 sheets, Scott Polar Res. lnst., Univ. of Cambridge. EITTREIM, S. C., Structure and stratigraphy relating to the breakup of Australia and Antarctica, in: Sixth Gondwana Symposium, Columbus, Ohio (in press). EITTREIM, S. C. I COOPER, A. K. I Scientific staff (1984), Marine geophysical investigations of the Antarctic continental margin, 1984, in: United States Geological ·Circular, 935, 12 pp, Washington, D. C. FEDOROV, L. V./ GRIKUROV, G. E./ KURININ, R. G.l MASOLOV, V. N. (1982.) Crustal structure of the Lambert Glacier area, in: C. CRADDOCK (ed.), Antarctic Geoscience, 931-936, Univ. of Wisconsin Press. FOSSUM, B. A. I MAISEY, G. H. I TORSEN, H. 0. (1982), Marine geophysical research in the Weddell Sea during the Norwegian Antarctic Research Expedition 1976/77, in: C. CRADDOCK (ed.), Antarctic Geoscience, 397--404, Univ. of Wisconsin Press. FRITSCH, J . (1980), Bericht über geophysikalische Messungen im Ross Meer, Antarktis während der Monate Januar/Februar 1980. Bundesanstalt für Geowissenschaften und Rohstoffe, 36 pp, Hannover. GARRETT, J . N., The economics of Antarctic oilin Antarctic politics and marine resources: critical choices for the 1980s, in: Eighth Ann. Conf., 1984, Center for Ocean Management Studies, University of Rhode Island (in press).

3 Antarctic Challenge II

34

PranzTessensohn

GJELSVIK, T. (1982), The mineral resources of Antarctica: progress in their identification, in: F. 0 . VICUNA (ed.), Antarctic resources policy. Scientific, legal and political issues, 61-76, Cambridge University Press. HAUGLAND, K. (1982), Seismic reconnaissance survey in the Weddell Sea, in: C. GRADDOCK (ed.), Antarctic Geoscience, 405--413, Univ. of Wisconsin Press. HAUGLAND, K. I KRISTOFFERSEN, Y. I VELDE, A. (1985), Seismic investigations in the Weddell Sea embayment, in: Tectonophysics, 114, 293-313, Amsterdam. HAUGLAND, K. I KRISTOFFERSEN, Y., On the Gondwana plate margin: new evidence from seismic multichannel survey in the southeastern Weddell Sea, in: Sixth Gondwana Symp., Columbus, Ohio (in press). HINZ, K. (1978), Geophysikalische Untersuchungen in antarktiseben Gewässern mit MS "Explora", in: Meerestechnik, 9 (1978), Nr. 3, 83-87, Düsseldorf. HINZ, K. I KRAUSE, W. (1982), The continental margin· of Queen Maud Land I Antarctica: Seismic sequences, Structural elements and geological development, in: Geologisches Jahrbuch, E 23, 17-41, Hannover. HINZ, K. I BLOCK, M. (1983), Results of geophysical investigations in the Weddell Sea and in the Ross Sea, Antarctica, in: Explorations in new regions, Eleventh World Petroleum Congress, p. PD 2. 1, 1-13, London. IVANOV, V. L. (1983), Sedimentary basins of the Antarctic and their preliminary structure and morpbological classification, in: R. L. OLIVER I P. R. JAMES I J . B. JAGO (eds.), Antarctic Earth Science, 539-541, Austral. Acad. Science, Canberra. OKUDA, Y.l YAMAZAKI, T.l SATO, S.I SAKI, T, I OIKAWA,N. (1983), Framework of the W eddell Sea basin inferred from new geophysical and geological data, in: R. L. OLIVER I P. R. JAMES I J. B. JAGO (eds.), Ant· arctic Earth Science, 93-114 Austral. Acad. Science, Canberra. KIMURA, K. (1982), Geological and geopbysical survey in the Bellingshausen basin, off Ant· arctica, in: Antarctica Record, 75, 12-24, Tokyo. MASOLOV, V. N. (1980), Stroeniye magnitoaktivnogo fundamenta yugo-vostochnoiy chasti basseina Morya Ueddella. - Leningrad Geofizicheskiye Issledvaniya v Antartide, 14-28. ROWLEY, P. D. I WILLIAMS, P. C. I PRIDE, D. E. (1983), Mineral occurrences in Antarctica, in: J. C. BEHRENDT (ed.), Petroleum and mineral resources of Antarctica, United States Geological Circular, 909, 25--49, Washington D. C.

Antarctic Mineral Resources

35

SATO, S. I ASAKURA, N. I SAKI, T. I OIKAWA, N. I KANEDA, Y. (1984), Preliminary results of geological and geophysical surveys in the Ross Sea and in the Dumont d"Urville Sea, off Antarctica, in: Mem. Nat. Inst. Polar Res., Spec. Iss. 33, 66-92, Tokyo STAGG, H. M. J. I RAMSAY, D. C. I WHITWORTH, R. (1983), Preliminary report of a marine geophysical survey between Davis and Mawson Stations, 1982, in: R. L. OLIVER I P. R. JAMES I J. B. JAGO (eds.), Antarctic Earth Science, 527-532, Austral. Acad. Science, Canberra. STAGG, H. M. J. (1985), The structure and origin of Prydz Bay and Mc Robertson Shelf, East Antarctica. TESSENSOHN, F. (1984), Present knowledge of non-living resources in the Antarctic, possibilities for their exploitation and scientific perspectives, in: R. Wolfrum (ed.), The Antarctic Challenge, 189-210, Berlin WANNESSON, J. I PELRAS, M. I PETITPERRIN, B. I PERRET, M. I SEGUOFIN,J. (1985), A geophysical transect of the Adelie Margin, East Antarctica, in: Marine and Petroleum Geology, 1985, V. 2, 191-202, Guildford, Surrey. WHITICAR, M. J./ SUESS, E. I WEHNER,H. (1985), Thermogenie hydrocarbons in surface Sediments of the Bransfield Strait, Antarctic Peninsula, in: Nature, 314.6006, 89-91, London. ZELLER, E. J. I DRESCHHOFF, d. A. M. I THOSTE, V., Uranium resource evaluation in Antarctica (in press).

3"

Comment: Dependence of Deep Ocean Floor Activities on a Viable Legal Regime Peter Halbach•

This short comment paper considers a recent development on the field of marine mineral resources. The results of the United Nations Law of the Sea Conference show consequences by changing the deep-ocean exploration activities particularly of the industrialized countries which now focus their interests on mineral deposits distributed mainly within the limits of the Exclusive Economic Zone (EEZ). During the past twenty-five years, there has been increasing research and exploration of the ocean bottom in order to study the possibilities of using metallic minerals from the seabed. In time, it is certain that mining for the new types of oceanic deposits, such as ferromanganese nodules and Co-rich crusts, polymetallic sulphides, metalliferous muds, and marine phosphorites, will become economical, and their exploitation will be inevitable. A purely economic point of view makes the development of deep-sea mining desirable. In a market economy, a greater supply of metals would give a greater nurober of people access to better and more abundant consumer goods at lower prices; This tenet may work in a market community of similarly developed and industrialized countries. However, considering the differing degrees of development in the world and the concentration of income in the developed countries, this market principle should not be applied to the use of the marine resources without international regulations and restrictions. The interests of the Third World and claims for the potential benefit of mankind as a whole from the exploitation of seabed deposits have motivated the United Nations to define a revolutionary principle of international law, by declaring that the seabed and its resources beyond the Iimits of the Exclusive Economic Zone constitute the "Common Heritage of Mankind". Public and private sources in several developed countries have spent considerable sums of money in ocean-mining research and the investigation of the seabed. In recognition of these expenditures, the law of the • Prof. Dr.-Ing. Peter Halbadl, Institut für Mineralogie und Mineralistbe Rohstoffe, TU Clausthal.

Comment

31

Sea Conference has adopted two resolutions conceming and defining the status of upioneer investors". But these resolutions could not remove the objections of some of the industrialized countries, whic:h prefer a liberal system providing for a simple licensing mec:hanism. At present, three principal types of deep ocean metallic deposits are known tobe of economic importance: (a) abyssal polymetallic nodules; (b) polymetallic encrustations of seamount areas; and (c) massive polymetallic sulphide deposits at active ocean ridges. The most promising deposits of all three ore types occur in the Pacific Ocean. In this context it should be noted that the Exclusive Economic Zones (zones of 200 nautical miles distance from the shore-line) of the Pacific riparian countries amount to 11 Mio km2 and share 40 °/o of the total size of the Pacific (Table 1), but seem to contain less than 10 Ofo of the economically Table 1: The Exclusive Economic Zones of the Pacific Ocean (in square-kilometers) Pacific Ocean total:

177.000.000

United States (incl. Hawaii): France New Zealand Republic of Indonesia United Kingdom Japan Soviet Union Chile Australia Ecuador Mexico Papua~New Guinea Philippines Solomon Islands P. Republic of China Peru Fiji Vietnam New Hebrid. (UK/USA) Tonga Malaysia Canada Others

15.477.000

Total area-size of economic zones: Area of Sea-Bed-Regime

71.020.000 105.980.000

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23.

7~.305.000

6.962.000 5.252.000 5.002.000 3:ß86.000 3.204.000 3.175.000 3.032.000 2.448.000 2.396.000 2.159.000 1.809.000 1.557.000 1.146.000 1.075.000 1.056.000 724.000 670.000 611.000 511.000 500.000 1.063.000

PeterHo.Ibach

38

interesting nodule deposits. 90 Ofo of these metal resources lie beyond this line in waterdepths between 4,000 and 5,500 m. While nodules have been found in all the earth's oceans, regions of highest potential and commercial interest are located primarily in the Pacific Ocean. The ridlest known area for possible commercial mining is between the Clarion and Clipperton fr.acture zone located between Hawaii and Baja California, as shown in Fig. 1. This area of the nodule

20'

a""_

•

no•

14o"

15(/'

160"

Movoli

{>

uo•

~~

2~

15'

."

10'

s• 160'

.....;;,'f'

Clorion

ZONE

15'

i

g' .,..

s•

CLIPPERTON

1so•

1t.o•

HO' 500

uo•

llll'v

1000 ...

Fig. 1:

Areas in the northeastern equatorial Pacific in whim ferromanganese nodules contain more than 1.8% of Ni plus Cu (Northeast Pacific nodule belt)1

belt covers about 4 million square kilometers, and about half of the area contains extensive nodule deposits of permissive quality. Assuming 20 percent of the nodules are recoverable, this belt contains about 2 X 109 dry metric tons of nodules averaging about 1.3 Ofo nick.el, 1 Ofo copper, 0.22 Ofo cobalt, and 25 Ofo manganese. This quantity of nodules could support about thirty mining operations2 • Unlike the nodules, the Co-ridl ferromanganese crusts occur mainly within the EEZ of several island states especially located in central regions of the Pacific Ocean. Crusts are different from nodules in a number of physical aspects, the most important ofwhidl are metal grades, location, and underlying ,substrate. Table 2 compares the typical grades of crusts with grades of nodules. The average metal grade of cobalt in crusts is more. than 3 times that of nodules, nick.el is only about 1/2-2/3 the grade of nodules, and copper grades are about 1/10 the grade of 1 V. E. McKelvey I N. A. Wright I E. W. Bowen (1983), in: U. S. Geological Survey Circular 886, 55 pp. 2 Ibid.

39

Comment

Table 2: Typical Metal Grades (0/o of dried substance) of Ferromanganese Nodulesand Crusts8 Metal Manganese Nickel Copper Cobalt Platinum (g/ton)

Nodules 20 -25 0.6-1.3 0.4-1.2 0.1-0.3 ~0.1

Crusts 20 -30 0.4-0.9 < >< >< >< ;;;; >< >< >< >< ~ -......_

::····>
< >< >< >< >< XX>
< >< >
< ~····· ?

Mlcrobfota slg/dom Snow algao slg/dom

~ -......_

~

Marine faunal enr\chment

10

Permanent Frash S500 m

hard bonom

ooft bonom

?

7

?

Seasonal Iee

?

7

7

Geottlermal lnfluenca

11

LmORAL

Sholf zono

(c. 500-200 m)

Permanent kl

V Enclosed wat• mass

w

•

• •••

Carntvores

Fresh water lnft11enca

Iee . .~rock

••

Algal feit slg or dom

Absence of Iee

DYif'

'

•

Herblwras Q

•

...

-t.:r

lco dammed

"l~~~~~·

b

l

Heterotroph& only r mary prooucers Phytoplankton (i) s1g or dom Iot (Ii)

STREAMS

LAKES

Inland water ecosystem

11

Sub-littoral

(c. 200-0 m)

llard bonom

ooft bonom

•••• ••

>< >< >< .x· >< >< >
< 10

Source: Bonner I Smlth (note 3), 9 and passim.

12

Boleslaw A. Boczek

88

VW. Evaluation of SPAs: Other Crlterla As far as the criteria goveming .designation of SPA.s, other than representinq major land and freshwater ecosystems, are concemed, most of the existing 14 SPAs meet the requirements set in 1972.96 Certain doubtful cases will be discussed below. SPA No. 5 (Beaufort Island) originally designated, inter alia, because of substantial and varied avi.fauna, tumed out to be of interest only because of its penguin colony. Whether its natural ecosystem is a unique reference areaisnot entirely clear. Similarly, SPA No. 7 (Cape Hallett), despite the reasons given for the designation of the site, does not appear to have a rich avifauna. The adjacent penguin rookery is a !arge one and supports many skuas." The original reasons for the designation of SPA No. 9 (Green Island) are also only partially true. Contrary to the designation, the island is not one of the most diverse Antarctic ecosystems. For example, Cape Tuxen, 6 km to the north, would more deserve the designation as an SPA.87 As far as SPA No. 11 (Cape Shirreff) is concemed, available data have not confirmed the original reasons for its designation.88 The former SPA No. 10 (Byers Peninsula) whose designation was based on grounds similar to those applying to SPA No. 11, was terminated in 1975.89 Although one of the reasons for designating SPA No. 15 (Southem Powell Island and adjacent islands) was substantial vegetation, there is little significance in this vegetation from the ecological point of view.100 IX. Effectlveness of SPA Measures

Within the relatively modest territorial scope, SPAs have, in general, made a positive contribution to the preservation of Antarctic ecological systems. In addition to the general prohi'bitions under the Agreed Measures, the prohibition of entry into SPAs by visitors and the system of permits have been the major .factors reducing human interference in these areas. Occasionally, however, it has been difficult for the relatively small staff of scientific stations to protect SPAs from harmful interference with fauna and flora by tourist groups which - as discussed below - normally land in the vicinity of stations.101 MostSPAs have had only negligible history of human presence and have experienced es

Rec. VII-2 (1912). See sec. V of this study.

" Bonner I Smith (note 3), 38, 42.

Op. cit., 56. Op. cit., 62. 88 Rec. VIII-2 (1975). 100 On the other hand, a site of rich fossil flora just outside this SPA is of great conservation significance, cf. Boriner I Smith (note 3), 89. 1°1 Auburn (note 4), Antarctic Law and Politics, 279. 87

88

SpeciallyProtected Areas

89

no impact or only minor disturbance by man. For some- SPAs the ptohibitions introduced by the Agreed Measures have been beneficial. Thus whereas in Rookery lslands (now SPA No. 2) Giant petrel colonies once attracted photographers and other intruders who caused disturbance to the birds and the loss of eggs, sudl visits have been greatly restricted and can be made only by permit according to the rules governing SPAs.102 Similarly, the designation of Ardery Island and Od.bert lsland (in Budd Coast) as an SPA (No. 3), resulted in less interference with the fulmarine petreis and the southern skua, whidl can now be studied only in accordance with permits issued by the Australian authorities. 108 The establishment of an SPA (No. 11) on Cape Shirref-f, Livingston Island, a scene of extensive sealing activities in the 1820s whidl resulted in total extermination of the fur seal in the entire region, has contributed to a steady increase in the population of these mammals so that the site has possible the largest breeding colony of the fur seal in the South Shetland Islands.104 Apart from the fact that the construction of stations .destroys th.e habitat and disturbs the ecology of the site, the closeness of SPAs to stations has in some cases adversely a~fected the implementation of the conservation rules. SPAs Nos. 1 and 2 are close to Mawson (Australia); SPA No. 3 is not far from Casey (Australia} and SPAs Nos. 5 and 6 are next door to McMurdo (United States) and Scott (New Zealand). Until the old Hallett Station, built in 1956, was destroyed by fire in 1973, SPA No. 7 (Cape Hallett) was only half a kilometer from it. In 1984 a program to dismantle the station began in order to restore the site to its original condition.105 The SPAs of the Peninsula and the maritime Antarctic are mostly on isolated islands ·but not very far from stations. The Agreed Measures are silent on the question of the location of stations. In practice governments have tended to locate them on ice free coastal areas close to animal concentrations, either .for logistic convenience or for political reasons, namely to signal a claim or nonrecognition of another state's claim, or perhaps even to build up a future claim. SPAs located near stations are an obvious attraction to tourists, with a potential of harmful interference with fauna and ßora. The case of a former SPA on Fildes Peninsula (SPA No. 12; now SSSI No. 5) in South Shetland Islands offers an extreme example of the destructive interference with the Antarctic nature caused by the construction of stations. Following the construction of the U.S. Palmer Station on Anvers lsland, off the west coast of the Peninsula, in 1966-67, 101 103 104 101

Bonner I Smith (note 3), 21. Op. cit., 26. Op. cit., 60, 62. Op. cit., 43--44.

90

Boleslaw A. Boczek ·

the Soviet Union, in 1968, hastilybuilt its own station, Bellingshausen, on King George Island, South Shetland Islands, in an area designated as an SPA (Fildes Peninsula, SPA No. 12).108 In reaction to this, Chile announced its intention to build its own station in the same area. 107 Although the SPA recommendations were not yet formally in force, the Soviet and Chilean actions conflicted with the purpose of the Agreed Measures to preserve the unique natural ecological systems of the Fildes Peninsula area. 108 In order to exclude the Bellingshausen Station from SPA No. 12 the SPA was reduced in size in 1968.109 Subsequently the presence of the Soviet station and the Chilean stations Presidente Frei and Teniente Marsh caused further degradation of the SPA which was terminated in 1915.110

X. Some Problems of Jurtsdlctlon Jurisdiction with regard to issuing permits to enter SPAs is subject to the general rule of the Antarctic Treaty that, without prejudice to the respective positions of the Parties relating to jurisdiction over all other persans in Antarctica, scientific and support personnel and observers are subject only to the jurisdiction of the Contracting Party of which they are nationals, regardless of where they may be in Antarctica.111 This incomplete provision on the apportionment of jurisdiction reflects the deep disagreement on the subject at the Washington Conference of 1959, the majority of states seeking to follow the nationality principle while Argentina, Chile and France insisted on full exercise of jurisdiction in the territories they claimed.112 It was therefore to be expected that jurisdictional disputes would arise, especially in the Antarctic Peninsula area where claims of three states (Argentina, Chile, the United Kingdom) were in conflict. Under the Antarctic Treaty such disputes are to be resolved by consultation pending the adoption by the Consultative Parties of any measures regarding "the questions relating to the exercise of jurisdiction in Antarctica" ,113 something that the Consultative Parties have not yet achieved. Nor do the Agreed Measures resolve the question 108 Auburn (note 4), Antarctic Law and Politics, 274. See also Boleslaw A. Boczek, The Soviet Union and the Antarctic Regime, in: AJIL 78 (1984), 834---

858 (844).

Auburn (note 4), Antarctic Law and Politics, 275. Under international law a state is obliged to refrain from acts whidl would defeat the object and purpose of a treaty prior to its entry into force; Vienna Convention on the Law of Treaties, Art. 18. 108 See sec. VI. 110 See sec. VI. 111 Antarctic Treaty Art. VIII (1). 111 See details in Truls Hanevold, Inspections in Antarctica, in: Cooperation and Conflict 6 (1971), 103-114 (107); Bush (note 9), 75. ua Antarctic Treaty, Arts. VIII (2) and IX (1) (e). 107

108

Specially'Protected·A·reas

91

of jurisdiction, hiaving it to each participating govern:merit to determiiie the extent to which it will enforce the rules of conduct governing the protection of Antarctic fauna and flora. In one case, namely by the express Iimitation of the provision on entry to SPAs to nationals114 the Consultative Parties seem to imply that the provision relies for authority not only upon their right to recommend conservatioil measures but also the right to recommend measures in questions relating to the exercise of jurisdiction in Antarctica.115 The issue of jurisdiction in Antarctica goes far beyond the focus of this inquiry116 and is of interest here only in so far as it concerils the exercise of jurisdiction with regard to SPAs, primarily in the matter of issuing permits, and especially in SPAs located in contentious areas of Antarctica. Permits are issued by "an appropriate authority" of the Participating Government117, defined as any person authorized by such Government to issue permits.118 For example, in the United States permits are issued by the Director of the National Science Foundation or his designated representative, and are evalUated on the basis of the Antarctic Conservation Act of 1978 implemented by Regulations of 1979.119 To allay concerns of some claimant countries that the issuarice of permits might be used for political reasons in a way prejudicing their claims, a Recommendation adopted in 1968 added the stipulation that the functions of an authorized person issuing permits must be carried out within the framework of the Antarctic Treaty exclusively in accordance with scientific principles and with the sole purpose of the effective protection of the Antarctic fauna and flora according to the Agreed Agreed Measures (note 5), Art. VIII (2) (c), added by Rec. VIII-5 (1975). This right is granted by Antarctic Treaty Art. IX (1) (e). See also comment in: Bush (note 9), 311. 118 For a general review see Auburn (note 4), Antarctic Law and Politics, 184-204. 117 Agreed Measures (note 5), Art. .VI (6). 118 Op. cit., Art. II (d). 119 Antarctic Conservation Act of 1978 (Public Law 95-541); Regulations, Federal Register, June 7, 1979, reprinted in: Ant. J. U. S. 14 (June 1979), 3. To obtain permit each applicant must provide scientific details concerning native mammals or birds (or plants) tobe taken in an SPA and must include a complete description of the location, the time period, and the manner of taking specimens. If they are to be imported into the United States, the applicant must also indicate the ultimate disposition of the materials. Violations of these provisions are liable to a civil penalty of up to $ 10.,000 or - if the violation was committed without knowledge of the Regulations - up to · $ 5,000. Criminal penalties may involve a fine of up to $ 10,000 and/or imprisonment of up to one year. The number of permits issued in the seasons 1979---80, 1980-81 and 1981-82 was 11, 12 and 16 respectively. This included permits to capture birds and seals and collect geological samples in SPAs and SSSI, cf. Ant J. U. S. 12 (1982), 5. 114

115

92

· · · Bbleslaw A. Boczek

Measures. 110 The Consultative Parties also recommended that in cases where expeditions of more than one government may be working in the same region, the governments involved should arrange to cooperate as far as practicable in limiting the issuance of permits to ensure that the total number of native fauna killed or captured conforms to the principles of the Agreed Measures.111 It is not entirely clear whether governments are obliged to recognize eadJ. other's permits. Australian implementing legislation does recognize other Contracting Parties' permits, but that of the United States does not provide for sudJ. recognition.112 Enforcement of the measures protecting SPAs raises questions of jurisdiction vis a vis nationals of third parties, sudJ. as tourists and other visitors. The Consultative Parties have not been able to readJ. agreement on how jurisdiction should be allocated in sudJ. cases.128 In a way done by the provisions of the Antarctic Treaty and the Agreed Measures1114 they repeatedly exhorted visitors not to engage in any activity whidJ. is contrary to the principles of the Treaty and the Recommendations.m Specifically, with regard to SPAs a Recommendation urged the Consultative Parties to use their best endeavors to ensure compliance with the provisions of the Agreed Measures whidJ. relate to SPAs.1118 It is implied here that this Recommendation applies in particular to persons other than nationals of the Consultative Parties. 1!7 XI. The SPA-SSSI Connectton

As already noted, 128 certain areas in Antarctica merit protection for reasons other than conservation of fauna and flora. Foremost among them are the ice-free pristine Dry Valleys of Victoria Land in the Ross Dependency whidJ. are environmentally unique and possess scientifically interesting desert ecosystems.1111 Since under the Agreed Measures sudJ. non-biological sites do not qualüy as candidates for SPAs, the need arose to protect them and the scientific researdJ. conducted there, from Rec. V-6 (1968), amending Agreed Measures (riote 5), Art. II (d). Rec. IV-18 (1966). 111 Auburn (note 4), Antarctic Law and Politics, 272. 111 See an analysis of this jurisdictional issue in: Bush (note 9) , 78--82; see also Boczek (note 4), 386--388. 11' Antarctic Treaty Art. X ; Agreed Measures (note 5), Art. X. 111 Rec. VI-7 (1970); VII-4 (1972). 118 Rec. Vl-8 (1970). Although this Recommendation was terminated by Rec. VIII-5 (1975), its substance is still valid. 117 See Bush (note 9), 239. 118 See sec. VII of this paper. 11' Dry Valleys were the subject of the Dry Valley Drilling Project, much discussed in the professional literature. See, for example, B. C. Parker et. al., Summary of Environmental Monitaring and Impact Assessment of the DVDP, in: B. C. Parker (ed.), Environmental Impact in Antarctica, 1978, 211. 110 111

Specially Proteeted Areas

93

harmful interference by visitors. Furthermore, because of continuing research in them, certain sites of botanical or zoological interest were not suitable for designation as SPAs. At one time SCAR supported the inclusion within the concept of the SPA, of geological sites of outstanding scientific interest and especially those containing fossils, but the Consultative Parties failed to amend the Agreed Measures in a way that would take into account these suggestions.130 On the other hand, in 1912 they invited SCAR to consider the designation of a new category of site tobe known as Site of Special Scientific Interest (SSSI), and to draw up management plans for each of such sites.m Following consideration of this matter by SCAR in 1974181 the Consultative Parties, at their 1975 Meeting, decided upon the conditions for setting up SSSI and specifically spelled out the format for their management plans. Each management plan must include, inter alia, a description of the site; a statement setting up the reasons for designation of the site (exceptional scientific interest and consequent long-term protection from harmful interference, or/and carrying on or planning scientific investigation); a summary of such investigation; the date of expiry of designation; proposed points of access; pedestrian and vehicular routes; any other kinds of scientific investiga~ion which would not cause harmful interference with the investigation being carried out or planned; a statement concerning scientific sampling; and any other restraints that may be needed, 188 Eight SSSI have been established- seven in 1975134 and one in 1979. 13~ They are listed in the paragraph that follows. 1•• SSSI No. 1. Cape Royds, Ross Island. Date of expiry: 30 June 1981 (extended to 31 December 1995); SSSI No. 2. Arrival Heights, Hut Point Peninsula, Ross lsland. Date of expiry: 30June 1981 (extended to 31 December 1987); SSSI No. 3. Barwiek Valley, Victoria Land. Date of expiry: 30 June 1981 (extended to 31 December 1985); SSSI No. 4. Cape Crozier, Ross Island. Date of e:x:piry: 30 Juni 1981 (extended to 31 December 1991) (formerly SPA No. 6); SSSI No. 5. Fildes Peninsula, King George lsland, South Shetland Islands. Date of e:x:piry: 30 June 1981 (extended to 31 December 1991) (formerly SPA No. 12); Auburn (note 4), Antarctic Law and Politics, 276. Rec. VII-3 (1972). SCAR Bull. No. 49, in: Polar Record 17 (1975), 443---444. 1aa Rec. VIII-3 (1975). Designation of a SSSI is for a definite period whidl may be extended following a review by SCAR, in: SCAR Bull. No. 49 (note 132). 1u Rec. VIII-4 (1975). 111 Rec. X-5 (1979). For the proposed exclusively marine SSSI see sec. XII of this study. 1" Banner I Smlth (note 3), . passim. 110

181 181

94

Boleslaw A. Boczek

SSSI No. 6. Byers Peninsula, Livingston Island, South Shetland Islands. Date of expiry: 30 Juni 1981 (extended to 31 December 1991) (formerly SPA No. 10); SSSI No. 1. Haswell Island, Queen Mary Land. Date of expiry: 30 June 1981 (extended to 31 December 1991); SSSI No. 8. WesternShore of Admiralty Bay, King George Island. Date of expiry: 31 March 1985 (extended to 31 December 1991). In 1984 SCAR endorsed proposals from National Antarctic Committees for designating 14 new SSSI. The proposals will be submitted for consideration at the XIII Antarctic Treaty Consultative Meeting in October 1985. In addition, France put forward for designation as SSSI four sites outside the Antarctic Treaty Area (three in Crozet Archipelago and one o~ Amsterdam Island)~ Since they are outside the Area, they do not re_quire endorsement by SCAR or validation by the Consultative Parties.t37 Among the existing eight SSSI only one, SSSI No. 3 (Barwick Valley), situated about 65 km inland from the Ross Sea and covering 325 sq. km, was established as a non-biological site, namely to study one of the least disturbed and least contaminated Dry Valleys of Victoria Land, with a unique ecosystem of extremely polar desert. This site is important as a reference base against which to measure changes in comparable ecosystems. It has been studied as a region suitable for testing extraterrestrial life-detecting systems and methods for the Viking Mars probe.188 Were it not for the Iimitation of the concept of SPAs to the conservation of fauna and flora, Barwiek Valley would be the right site for an SPA on two counts: first, as a representative sample of an Antarctic ecosystem and, second, as an inviolate area to be used for purposes of comparison with localities that have been disturbed by man. SSSI No. 1 (Cape Royds), which was designated in order to allow recovery of the most southerly known Adelie penguin colony, whose survival is marginal and whose population declined rapidly ·between 1956 and 1963, should have also ·b een designated as an SPA, as a site having unique coroplex of species. 138 Three current SSSI used to be SPAs. Cape Crozier (SSSI No. 4) was SPA No. 6 on the grounds that it supported rich Adelie and Emperor penguin colonies as weil as microfauna and microflora. It was turned into an SSSI to protect a long-term study of the population and social Öp. cit., 296-298.

1• Op. ,cit" 12(), 121. 131

13 1 The Adelie penguin colony is protected under a U. S.-New Zealand Agreement of 1963, see: Auburn (note 4), The Antarctic Environment, .261.

Specially Proteeted Areas

95

behavior of these birds. SSSI No. 5 (Fildes Peninsula) was originally SPA No. 12 as a representative sample of the South Shetland Islands and an area of outstanding ecological interest, but vicinity to Soviet and Chilean stations established there caused, first, reduction in size, and then termination of this SPA140 whidl became an SSSI on the grounds that unique fossil idlnolites were found in the area. Similarly SSSI No. 6 (Byers Peninsula) was originally an SPA of a Mconsiderable diversity of plant and animal lifeH, but its status was terminated in 1915 and it became an SSSI to protect fossils providing evidence of the former link with other Southern continents and rocks whidl might otherwise .be used as souvenirs or building materials.141 XII. The Issue of Marine SPAs The Agreed Measures apply to the same area as the Antarctic Treaty, that is, the area south of 60° s latitude, including all ice shelves, but not so as to prejudice or in any way affect the rights or exercise of the rights of any state under internationallaw with regard to the high seas within the Treaty Area.142 The confusion and controversy surrounding the meaning and implications of the peculiar formulation of the saving clause on the high seas rights go beyond the scope of this study.-141 However, for purposes of the conservation of the Antarctic nature it is legitimate to ask the question whether the saving of the high seas rights limits the scope of the conservation measures that the Consultative Parties may recommend under Article IX (1) of the Antarctic Treaty, 144 and in particular whether SPAs can be designated in marine areas of the Antarctic waters, perhaps even with derogation from any high seas rights. The early practice of the Antarctic Treaty system seems to have followed the restrictive view that the territorial scope of the Agreed Measures extended only to the land and ice shelves. 145 This restrictive interpretation is halstered by the Consultative Parties' recognition in a separate Recommendation in 1964 that pelagic seals and fauna on pack ice are excluded from the scope of the Agreed Measures1411 and that uo See sec. IX of this paper. Banner I Smith (note 3), 147. Agreed Measures (note .5), Art. I (1) (2); ci. Al)tarctic Treaty, Art. VI, reprinted in this volume, Annex I. There are ten large ice shelves around Antarctica, the largest of whidl is the Ross Iee Shelf (325,000 sq. km). It is between 200 and 400 m thick and projects 30m above sea Ievel, see: Auburn (note 4), Antarctic Law and Politics, 32. For the legal aspects of Antarctic ice see Christopher Joyner, The Exclusive. Economic Zone and Antarctica, in: 141 142

VaJinfl L. 21 (1981), 691-725 (711-714). 141 See on this generally Auburn (note 4), Antarctic Law and Politics, 129138; Bush (note 9), 64-70. 144 See sec. 111. 145 Bush (note 9), 147. 1" Rec. m....:.x1 (1964).

96

Boleslaw A. Boczek

only voluntary measures or guidelines could be recommended in this respect within the framework of the Agreed Measures. The preservation of the high seas rights seems to have been the main reason for the adoption of the 1972 seals' Convention outside the context of the Antarctic Treaty system "since the conservation of seals in the sea does not fall within the scope of [the Antarctic Treaty)" 147 even though under the Agreed Measures seals (apparently only on land and ice shelves but not in the sea or on the padc. ice where 80 per cent of the seals live) belong to protected unative mammals" .148 On the other hand, some provisions of the Agreed Measures and some Recommendations1411 seem to include marine areas within the territorial scope of the Agreed Measures. This extensive interpretation is corroborated by the wording of the area of application clauses of the Antarctic Treaty160 and the Agreed Measures161 , whi