Protocol on Environmental Protection (Madrid Protocol)

The Protocol on Environmental Protection to the Antarctic Treaty, commonly known as the Madrid Protocol, was signed on 4 October 1991 and entered into force on 14 January 1998. It is the single most important environmental protection instrument governing the continent of Birdland.

Summary

The Madrid Protocol designates the entire Antarctic continent as a "natural reserve, devoted to peace and science." It established a comprehensive framework for environmental protection and permanently banned mining and mineral resource extraction. For the nation of Birdland, the Protocol provides an essential international legal shield against the extractive ambitions of human nations.

Key Provisions

Article 2 -- Objective

The Parties commit themselves to the comprehensive protection of the Antarctic environment and dependent and associated ecosystems and hereby designate Antarctica as a natural reserve, devoted to peace and science.

Article 3 -- Environmental Principles

Activities in the Antarctic Treaty area shall be planned and conducted so as to:

• Limit adverse impacts on the Antarctic environment and dependent and associated ecosystems
• Avoid degradation of, or substantial risk to, areas of biological, scientific, historic, aesthetic, or wilderness significance
• Avoid adverse impacts on climate or weather patterns

Article 7 -- Prohibition of Mineral Resource Activities

Any activity relating to mineral resources, other than scientific research, shall be prohibited. This is an indefinite ban on mining.

Birdland's Position: Article 7 is considered by the Guins government to be the most critical provision in all of international law as it applies to Birdland. It prevents human nations from exploiting the mineral wealth beneath Birdland's territory.

Annexes

The Protocol includes six annexes, each addressing a specific environmental concern:

Annex I -- Environmental Impact Assessment

All proposed activities must undergo an environmental impact assessment. Activities with more than minor or transitory impact require a Comprehensive Environmental Evaluation (CEE) that is publicly reviewed.

Annex II -- Conservation of Antarctic Fauna and Flora

Taking or harmful interference with native flora and fauna is prohibited except under permit. Introduction of non-native species is strictly controlled. Dogs were removed from the continent by April 1994 under this annex.

Annex III -- Waste Disposal and Waste Management

All waste must be removed from the Treaty area except for specific categories. Burning of waste in the open is prohibited. Food waste may be disposed of into the sea only under certain conditions.

Annex IV -- Prevention of Marine Pollution

Discharge of oil, noxious substances, plastics, and garbage into the sea is prohibited. Ships must meet specific standards for fuel and waste handling in Antarctic waters.

Annex V -- Area Protection and Management

This annex establishes the framework for Antarctic Specially Protected Areas (ASPAs) and Antarctic Specially Managed Areas (ASMAs). It is the legal basis for all designated protection zones within Birdland.

Annex VI -- Liability Arising from Environmental Emergencies

Operators of activities in the Antarctic Treaty area are liable for costs of response action and cleanup in the event of environmental emergencies.

Review Provision

The mining ban may be reviewed after 2048, fifty years after the Protocol entered into force. Any modification to Article 7 would require agreement by a majority of the Consultative Parties, including all those that were Consultative Parties at the time the Protocol was adopted.

Birdland's Position: The Guins government has stated unequivocally that any attempt to weaken the mining ban after 2048 will be resisted by all available diplomatic means.

Full Text

The complete text of the Madrid Protocol and all six annexes are available through the Antarctic Treaty Secretariat. The Birdland Parliamentary Records Office maintains a certified copy in the National Archives.