At Secretariat Comment Request

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Attention: Albert Lluberas, executive secretary of the Antarctic Treaty Secretariat

Re: Daily Maverick South Africa comment request on potential prospecting activities in
the Southern Ocean aboard Russian polar vessel Akademik Alexander Karpinsky;
Antarctic Treaty governance challenges

We hope you are well.

Hereby a request for comment on what appears to be vast, commercially weighted oil and
gas prospecting activities in the Southern Ocean by the Russian polar research
vessel Akademik Alexander Karpinsky — despite Antarctic Treaty System (ATS)
regulations prohibiting such activities in the area below 60°S.

As confirmed by polar law specialists interviewed by us, commercially weighted


prospecting is not scientific research and would therefore be in breach of the Madrid
Protocol’s Article Seven, adopted in 1991 and in force since 1998.

Please note that many of these activities have been published, among others, in English
and Russian on a) geological exploration holding company Rosgeo’s website (as press
releases); and b) on the website of the Polar Marine Geosurvey Expedition, a Rosgeo
subsidiary and owners of the Akademik Alexander Karpinsky.

It must naturally be noted that:

a) The Antarctic Treaty System is based on the notable achievements of


ostensibly reserving an entire continent and its surrounding oceans for “peace” and
“science”;
b) There may be no legal vacuum in the Antarctic; and that
c) The Madrid Protocol’s Article Seven does not, of course, expire — but can be
modified from 2048 subject to protocol conditions should any consultative party
call for such a review.

However, polar specialists have also raised with us the following concerns:

• Article Seven’s 13-word brevity offers such loosely defined concepts that this leaves
them hostage to interpretation;
• Cornerstone ATS concepts such as peace and science are undefined by ATS
constitutions and can therefore be "weaponised" to a lesser or greater degree in
potential breach of widely lauded environmental agreements such as the Madrid
Protocol;
• The line between geological research and prospecting appears problematically blurred
in the practical application of the Madrid Protocol, potentially breaching the
acceptable boundaries of the ATS’s “freedom of scientific investigation” principle;
• Perennial reaffirmations such as the recent Paris and Madrid declarations are
repeatedly advanced by treaty members, yet such efforts appear largely ceremonial
and offer no legal power to hold to account those member states engaging in activity
that is inconsistent with global environmental agreements such as the Paris
Agreement and even potentially unlawful;
• The Paris Declaration, and other declarations like it, have not agreed that we would
not mine Antarctica in perpetuity, or made any formal decisions to extend the Article
Seven prohibition for another 50 years, despite potentially irreversible existential risks
of an ecological nature facing planet Earth — and the Antarctic in particular;
• Much of the research that underpins the future of our entire planet comes out of the
Antarctic, and yet it would seem that treaty parties are not only hamstrung by
consensus voting; but apparently powerless to stop operations like commercially
weighted prospecting that may also be conducted by countries other than Russia.

Relevant parties have been contacted for comment; however, given the material public
interest of the above concerns, we also welcome a substantive response from the Antarctic
Treaty Secretariat.

We will assume that there is no comment on these issues if we have not received a final
response by 3pm Wednesday 20 October.

We very much look forward to your feedback,

Sincerely

Tiara Walters
Senior science journalist: Daily Maverick

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