Abstract

Rules on liability are essential to ensure the enforcement of an international agreement. The adoption by the Antarctic Treaty Consultative Meeting of Measure 1 (2005) and, with that, of Annex VI to the Protocol on Environmental Protection is the first step to comply with Article 16 of the Environmental Protocol on liability. However, the approval process has been slow, and it is not still in force. Here we show a lack of momentum in the approval rate and that the implementation of domestic rules to approve Measure 1 (2005) varies significantly. Only 19 States have approved Measure 1 (2005) out of the 28 Consultative Parties required to enter into force. Nine of them have incorporated national provisions anticipating its entry into force. Our study suggests that the perceived inadequacy of Annex VI, the cost of response actions to environmental emergencies, and the misplaced importance to Antarctic matter within many States priorities contribute to this slow approval process. This analysis provides insight into the Antarctic Treaty System's governance mechanisms, particularly about the liability regime and its implementation. It aims to provide an explanation for the cumbersome approval process of Annex VI and serve as a cautionary tale for future liability developments.