The Protocol on Environmental Protection to the Antarctic Treaty, commonly called the Madrid Protocol, was signed in Madrid on 4 October 1991 and entered into force on 14 January 1998 after ratification by all then-Antarctic Treaty Consultative Parties. It supplements the 1959 Antarctic Treaty and is administered through the Antarctic Treaty Consultative Meetings (ATCM).
Article 2 designates Antarctica as a "natural reserve, devoted to peace and science." The Protocol's most-cited provision is Article 7, which prohibits "any activity relating to mineral resources, other than scientific research." This effectively forecloses commercial mining and oil extraction south of 60° South latitude. Article 3 sets out environmental principles that must guide all activities, including the requirement to avoid adverse effects on climate, air and water quality, and biodiversity.
The Protocol has six Annexes addressing: Environmental Impact Assessment (I), Conservation of Antarctic Fauna and Flora (II), Waste Disposal and Waste Management (III), Prevention of Marine Pollution (IV), Area Protection and Management (V), and Liability Arising from Environmental Emergencies (VI, adopted 2005 but not yet in force as of recent ATCM reports). It also established the Committee for Environmental Protection (CEP) under Article 11 to advise Consultative Parties.
A frequently-discussed feature is Article 25, the review clause. After 50 years from entry into force (i.e., from 2048), any Consultative Party may request a review conference. The mining ban can only be lifted if a binding legal regime on mineral resources is in force and modification is agreed by a qualified majority including all current Consultative Parties — a high procedural bar often described as a de facto indefinite prohibition.
The Protocol replaced the unratified 1988 Convention on the Regulation of Antarctic Mineral Resource Activities (CRAMRA), whose collapse — driven notably by Australian and French withdrawal of support in 1989 — paved the way for the environmental-protection approach.
Example
In 2016, the Antarctic Treaty Consultative Meeting in Santiago reaffirmed parties' commitments under the Madrid Protocol, including the Article 7 ban on mineral resource activities.
Frequently asked questions
It bans mineral resource activity indefinitely. From 2048, any Consultative Party can request a review, but lifting the ban requires a binding mineral-resources regime and agreement by a qualified majority including all current Consultative Parties.
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