关键词: 风险预防原则, 南极环境管理, 科学不确定性, 环境脆弱性, 环境影响评价

Abstract: The Precautionary Principle, one of the most important principles in International Environmental Law, is accepted by many international legal instruments, including both hard law and soft law. It has been deemed an effective tool for protecting the environment. Despite this, no articles explicitly formulating this principle exist in the Protocol on Environmental Protection to the Antarctic Treaty (1991), impeding effective management of Antarctica and its resources. Any activity in Antarctica may damage this fragile environment, and as such we should be particularly cautious of what activities are permitted in it. However, the Precautionary Principle requires an activity to proceed with caution only where the impact or consequences of an action are poorly known or unknown, rather than to proceed cautiously in an environment in which the effects of an action might be well understood. From a management perspective, the Precautionary Principle might not apply in Antarctic conditions. We propose a modified conceptual framework of the Precautionary Principle that considers the fragility of the Antarctic environment. Our interpretation of the Precautionary Principle avoids conflict with current regulations in the Protocol, and promotes effective management of cumulative impacts. Comparing the CEE Reports (Comprehensive Environmental Evaluation) of four countries regarding their scientific research stations, we recommend detailed rules be made and instructive cases provided as a guide for subsequent activities.

Key words: Precautionary principle, Antarctica, environment, management, uncertainty, fragility, impact assessment