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The duty of prior environmental impact assessment of Antarctic activities under the Madrid Protocol and its implementation in the Italian legal system



The duty of prior environmental impact assessment of Antarctic activities under the Madrid Protocol and its implementation in the Italian legal system



Pages 363-380 2001



Environmental Impact Assessment (EIA) procedures are generally recognized as a useful and, in certain cases, indispensable instrument for a sound protection of the environment, as it combines the precautionary principle of preventing environmental damage and also arranges for public participation. EIA has also become the major tool for an integrated approach to the protection of the environment since it requires a comprehensive assessment of the impacts of an activity on the environment. The Antarctic Treaty Consultative Parties have a special responsibility to ensure that all activities in Antarctica are consistent with the purposes and principles of the Antarctic Treaty. State's bodies can play an important role in the effective control on human activities in the Antarctic. The physical peculiarities of Antarctica make the exercise of control in the Antarctic Treaty area a rather difficult task. Stringent control applied at the preparatory stage of these activities on the basis of clear and adequate national provisions can make this task easier. The effective protection of the Antarctic environment begins many miles away from Antarctica, where the capitals of the parties to PEPAT are located.

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