关键词: 《马德里议定书》, 南极矿产资源活动管理公约, 南极环境保护

Abstract: The historical background, negotiation process and recent development of the Protocol on Environmental Protection to the Antarctic Treaty (hereafter Madrid Protocol) reflect the change of status of environmental protection for international Antarctic governance, from nonexistent to marginal to central. Initially focused on resource utilization, with the Convention on the Regulation of Antarctic Mineral Resources Activities, the core governance concept for Antarctic Treaty Consultative Parties has shifted to environmental protection, with the Madrid Protocol. After six years of informal and personal diplomatic negotiations, the Convention on the Regulation of Antarctic Mineral Resources Activities was adopted in 1988 but not immediately implemented, because of partial reservations from United Nations countries and opposition from environmental organizations or Non-Consultative Parties. In 1991, the Madrid Protocol was adopted, prohibiting Antarctic mineral resource exploitation and establishing an environmental protection policy within the Antarctic Treaty System. In 2005, Annex Ⅵ to the Madrid Protocol was adopted, establishing the legal responsibility of the Parties to guarantee environmental protection while raising the bar for scientific research in Antarctica, but it has not yet taken effect. Environmental protection is currently both a key objective and the core issue for international governance of Antarctica. As an Antarctic Treaty Consultative Party with a strong scientific research capacity, China needs to fulfill its obligations under the Madrid Protocol by introducing specific legislation for Antarctic environmental protection. On the basis of its operational capacity and Antarctic research programs, China should also use its Consultative Party status and rights to actively participate in Antarctic governance, expand its substantial presence and preserve its interests in Antarctica, while collaborating to improve the Antarctic environmental protection system.
Keywords  the Madrid Protocol, the Convention on the Regulation of Antarctic Mineral Resource, Antarctic environmental protection

Key words: the Madrid Protocol, the Convention on the Regulation of Antarctic Mineral Resource, Antarctic environmental protection