Environmental liability in Antarctica and its regulation under International Law outside Antarctic Treaty System

Ms Carolina Flores1, Dr  Luis Valentin Ferrada

1University Of Chile Law School, Santiago, Chile

As the effects of Climate Change and deterioration of the environment are more visible day after day, Antarctic’s environmental value and the role that it will play in the future, becomes a more relevant topic. Article 3 of the Protocol on Environmental Protection to the Antarctic Treaty (Madrid Protocol) stablished the protection of the Antarctic environment as a fundamental Principle in the Antarctic Treaty System. For achieving that, the Madrid Protocol regulates the prevention of environmental harm, throughout Environmental Impact Assessment. However, a complete and systematic environmental regime must not only take into consideration the prevention of environmental harm, but also regulate the consequences of it.

Efforts on that direction have been made through the adoption of the Annex VI of the Madrid Protocol on 2005. Nevertheless, it has not yet entered into force and its functionality as an environmental liability regime has been questioned.

This presentation will analyze the International Treaties that may apply to Antarctica for regulating environmental liability, in order to conclude if there might be an international framework that could be applicable to these situations, as long as its elements and consequences are not satisfactory regulated by the Antarctic Treaty System.



Carolina Flores is a Lawyer from University of Chile Law School, with a Postgraduate Diploma in International Studies (University of Chile). Her undergraduate thesis addressed the topic of Environmental Liability in Antarctica, and it was developed under the supervision of Professor Dr. Luis Valentín Ferrada. Since her graduation, she has been involved on Antarctic law research, participating in conferences and seminars. She currently works as Assistant of the International Affairs Office at University of Chile Law School, she assists the Department of International Law at the same institution and she is a young researcher on International Law and Antarctic Law.

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