World Maritime University The Maritime Commons: Digital Repository of the World Maritime University World Maritime University Dissertations Dissertations 2009 Shipping in Antarctica : can safety and environmental protection be addressed considering the existing legal regimes? Javier C. Erazo World Maritime University Follow this and additional works at: http://commons.wmu.se/all_dissertations Part of the Environmental Law Commons Recommended Citation Erazo, Javier C., "Shipping in Antarctica : can safety and environmental protection be addressed considering the existing legal regimes?" (2009). World Maritime University Dissertations. 347. http://commons.wmu.se/all_dissertations/347 This Dissertation is brought to you courtesy of Maritime Commons. Open Access items may be downloaded for non-commercial, fair use academic purposes. No items may be hosted on another server or web site without express written permission from the World Maritime University. For more information, please contact [email protected]. WORLD MARITIME UNIVERSITY Malmö, Sweden SHIPPING IN ANTARCTICA Can Safety and Environmental Protection be Addressed Considering the Existing Legal Regimes? By JAVIER CÁCERES ERAZO Republic of Chile A dissertation submitted to the World Maritime University in partial Fulfillments of the requirements for the award of the degree of MASTER OF SCIENCE In MARITIME AFFAIRS (MARITIME SAFETY AND ENVIRONMENTAL ADMINISTRATION) 2009 Copyright Javier CÁCERES Erazo, 2009 ACKNOWLEDGEMENTS First and foremost, I want to express my everlasting love and gratitude to my wife María Inés and our lovely kids Daniel and Natalia. Without their support and unconditional affection, this task would have been much harder than it was. Thanks to my father Daniel, who with his wisdom and patience has explain since I was a child how important discipline and effort are to achieve your goals in life. Also thanks in memory of my beloved mother Guillermina (R.I.P). Although you are not with us anymore you are always on my mind and all that you taught me and the unrestricted love you gave me only a mother could have done. I also feel very grateful to the Chilean Navy, for giving me the opportunity and sponsorship to having successfully completed my studies at World Maritime University. I have already dedicated 18 years of my life to this noble institution and I am very proud to be one of its members. I would like to express my gratitude to Professor Olof Linden, who supervised my dissertation, during its long process. Heartfelt thanks to Assistant Professor Inger Battista who has always helped, guided and encouraged me along the way. Inger, without your kind assistance, I could not achieve the result that I obtained. Lastly, as a Christian I want just to thank god for inspiring and guiding me during the whole process and for illuminating me in writing about this novel issue of Antarctica at WMU. I have struggled hard to provide a comprehensive view and my personal impressions and experience in it, and I am very sure that it can help in the near future for developing safer shipping and maintaining this pristine place. Thank god again, without your support I would hardly had been able to reach this point. God bless you all…. iii ABSTRACT Title of Dissertation: Shipping in Antarctica: Can Safety and Environmental Protection be addressed regarding the existing legal regimes. Degree: MSc Antarctica is the southernmost continent on the planet and the continent dedicated to peace and science. It is a pristine place still free of high levels of pollution. However, Antarctica is also a place with plenty of natural resources and undiscovered beauties, which make this place an attractive place for carrying out commercial shipping activities like fishing and tourism. Regulations ruling these activities in the Antarctic are also quite exceptional, with a high complexity as a result of an undefined regime of sovereignty, which makes the applicability of a common legal standard there difficult. Are the present legal regimes enough to deal with everyday more ships operating in Antarctic waters? Are existing regulations sufficient and appropriate to control and minimize the environmental challenges and perils for ships operating in Antarctic ice? These questions are the main core of this research describing current issues in Antarctica as regards the shipping industry, analyzing problems related with fishing activities and ship-borne tourism, regarding safety and environmental challenges, unveiling problems concerning oil spills and ship-source operations; current standard training of seafarers; equipment of ships and Search and Rescue capabilities among others. Safety and environmental protection seems to be not well understood today, so new regulations need to be made. Therefore, proper enforcement through Flag States and Port State Control in a second tier is urgently needed; this will prevent as far as possible future accidents. In the meantime, as regulations and jurisdiction problems are not properly addressed, shipping will continue to threat the marine Antarctic ecosystem and endanger safety of life at sea in a place where extreme weather conditions and rough seas are usual. iv Key words: Antarctica, safety, environmental protection, Antarctic Shipping, fishing, ship-borne tourism. v TABLE OF CONTENTS DECLARATION ii ACKNOWLEDGEMENTS iii TABLE OF CONTENTS vi LIST OF TABLES x LIST OF FIGURES xi LIST OF ABBREVIATIONS xii 1. CHAPTER ONE: INTRODUCTION 2 1.1 Introduction and objective of the research 2 1.2 Research methodology 3 1.3 Difficulties appreciated during the research 3 2. CHAPTER TWO: ANTARCTICA: FACTS AND FIGURES 5 2.1 General overview 5 2.1.1 Geographical aspects 5 2.1.2 The Antarctic Ocean 7 2.1.3 Icebergs 8 2.1.4 Review of Human Activities in Antarctica 9 2.2 Legal regimes surrounding Antarctic waters 10 2.2.1 Antarctic Treaty System 1959 and Environmental Protocol 1991 10 2.2.2 Antarctic Treaty: Merits and deficiencies 13 2.2.3 The Antarctic Treaty System and the Law of the Sea 15 2.2.3.1 The Antarctic Treaty System 15 2.2.3.2 The United Nations Convention on the Law of the Sea 16 2.2.3.3 The problem of enforcement 19 2.2.4 Relationship between the Law of the Sea and IMO Conventions 19 2.2.4.1 Background of IMO and UNCLOS 19 vi 2.2.4.2 IMO role in Antarctica, a key issue to improve safety and environmental protection 21 2.3 Conclusions of the Chapter 24 3. CHAPTER THREE: MARITIME CHALLENGES FACING ANTARCTIC WATERS: SAFETY AND ENVIRONMENTAL GAPS AFFECTING SHIPPING ACTIVITIES. 27 3.1 Physical and spatial challenges 27 3.1.1 Climate change in Antarctica 27 3.1.2 The Arctic and Antarctica 29 3.1.2.1 Similarities 29 3.1.2.2 Differences 29 3.2 Shipping activities in Antarctica 32 3.2.1 Fishing 32 3.2.1.1 Species under threat 33 3.2.1.2 Whales 33 3.2.1.3 Patagonian Toothfish 35 3.2.1.4 Krill 36 3.2.1.5 Illegal Fishing 38 3.2.1.6 The need for an accurate Exploitation Regime 39 3.2.2 Tourism 40 3.2.2.1 Yacht-based tourism 40 3.2.2.2 Ship-borne tourism 41 3.3 Issues arising from shipping activities in Antarctica 45 3.3.1 Operational issues regarding safety 45 3.3.1.1 Ship design 45 3.3.1.2 Life-saving appliances (LSA) 48 3.3.1.3 Nautical charts 49 3.3.1.4 Crew competency for ice navigation 51 3.3.1.5 Risk assessment 52 3.3.2 Operational issues regarding environmental protection 54 3.3.2.1 Operational vessel-source pollution 54 3.3.2.1.1 Marine pollution (garbage, sewage and greywater) 55 3.3.2.1.2 Invasive species 57 3.3.2.1.3 Coating and anti fouling paints 58 3.3.2.1.4 Air pollution 60 3.3.2.1.5 Marine noise pollution 61 3.3.3 Ship accidents 63 3.3.3.1 Search and rescue 63 vii 3.3.3.2 Oil pollution 65 3.3.3.3 Liability and compensation in case of accidents involving oil spills 66 3.3.3.4 Wreck removal 67 3.4 Conclusions of the Chapter 68 4. CHAPTER FOUR: POSSIBLE IMPROVEMENTS AND RECOMMENDATIONS FOR ADDRESSING EXISTING PROBLEMS 71 4.1 Improvements and recommendations concerning fishing activities 71 4.2 Improvements and recommendations concerning environmental protection 73 4.2.1 An attempt to solve jurisdiction problems 73 4.2.2 Development of an Antarctic MOU for Port State Control (PSC) 75 4.2.3 Development of a new liability convention 76 4.2.4 Antarctic Peninsula as a Particularly Sensitive Sea Area (PSSA) 77 4.2.5 Sewage treatment 78 4.2.6 Air Pollution 78 4.3 Improvements and recommendations concerning safety issues 79 4.3.1 Promotion and development of Antarctic forums 79 4.3.2 Risk assessment and contingency planning 79 4.4 Proposals for improving Flag State compliance and obedience of AT provisions in the Southern Ocean 80 4.5 Main technical standards to be addressed in the short-term for Antarctic shipping operations 81 4.6 Provisions not considered in this Chapter 82 5. CHAPTER FIVE: CONCLUSIONS 84 5.1 Summary and general conclusions 84 6. REFERENCES: II 7. APPENDIX A : Signatory Countries to the Antarctic Treaty xiii 8. APPENDIX B: Signatory Countries to the Protocol on Environmental Protection to the Antarctic Treaty xvi viii 9. APPENDIX C: Objectives, participants and future aims of the IHO Hydrographic Commission on Antarctica (HCA) xviii 10. APPENDIX D: Main ship accidents occurred in Antarctica xxiii 11. APPENDIX E: Oil Combating Techniques in Ice-covered Waters xxv 12. APPENDIX F: Explanatory memorandum on the introduction Catch Documentation Scheme (CDS) for Tootfish (Dissostichus Spp.) Error! Bookmark not defined.