title: The Antarctic Treaty System: Legitimacy and environmental protection

authors: Bingham, Gail Lesley

abstract: The purpose of this paper is to investigate whether the Antarctic Treaty System has the level of legitimacy necessary to ensure adequate protection for and conservation of the fragile Antarctic environment. This work will provide considerable new information in the field of legitimacy as it relates to the Antarctic Treaty System (ATS) as to my knowledge it is the first time an in-depth analysis of the subject has been made using materials from within the ATS. 
To answer this question this thesis will begin with an investigation of the principle of legitimacy within international law. An overview of Antarctic exploration and exploitation, territorial sovereignty and the development of the ATS will follow this. This section will also contain a discussion on the issue of natural resource sovereignty, as it is this issue that is likely to develop as the major source of Antarctic conflict in the future. This introduction to Antarctic politics is intended to give the reader a complete picture of the political situation that currently exists in the region. 
The final eight chapters will contain the substantive arguments of this paper. They consist of the application of legitimacy theory to varies situations that exist within the ATS in order to establish whether these events have any adverse effects on the overall legitimacy of the ATS and therefore its ability to adequately protect and conserve the Antarctic environment. The majority of the information for these chapters has resulted from in-depth research or the meeting reports of the Antarctic Treaty Party Consultative and Special Consultative Meetings. Chapter Seven looks at the continued criticism that the ATS represents a ‘closed and exclusive club of rich and powerful states. Chapter Eight investigates whether the apparent conflict between Article IX(2) or the Antarctic Treaty conflicts with the ATS's environmental protection role. Chapter Nine looks at the circumstances surrounding the establishment or the permanent secretarial. Chapter Ten investigates whether the inability of the Parties to establish a liability annex to the Madrid Protocol has effected the legitimacy of the Protocol and by association the ATS. Chapter Eleven is an analysis of the effects that China's non-compliance with the provision of the Convention on the Conservation of Antarctic Marine Living Resources has on the legitimacy of the ATS. Chapter Twelve investigates whether the lack of jurisdiction over tourism in the Antarctic region has had any adverse effects on the legitimacy of the ATS. Chapter Thirteen is an overview of the status of recognition of the ATS within the United Nations. 
At the conclusion of the analysis of international law and the meeting reports of the ATS contained in this thesis it became clear that despite the current problems that the ATS is experiencing the organisation does have the level of legitimacy necessary to protect the Antarctic environment. The Parties must be aware however that this legitimacy may not continue if they do not address these problem areas in a timely manner.

text: The Antarctic Treaty System: Legitimacy and environmental protection The purpose of this paper is to investigate whether the Antarctic Treaty System has the level of legitimacy necessary to ensure adequate protection for and conservation of the fragile Antarctic environment. This work will provide considerable new information in the field of legitimacy as it relates to the Antarctic Treaty System (ATS) as to my knowledge it is the first time an in-depth analysis of the subject has been made using materials from within the ATS. 
To answer this question this thesis will begin with an investigation of the principle of legitimacy within international law. An overview of Antarctic exploration and exploitation, territorial sovereignty and the development of the ATS will follow this. This section will also contain a discussion on the issue of natural resource sovereignty, as it is this issue that is likely to develop as the major source of Antarctic conflict in the future. This introduction to Antarctic politics is intended to give the reader a complete picture of the political situation that currently exists in the region. 
The final eight chapters will contain the substantive arguments of this paper. They consist of the application of legitimacy theory to varies situations that exist within the ATS in order to establish whether these events have any adverse effects on the overall legitimacy of the ATS and therefore its ability to adequately protect and conserve the Antarctic environment. The majority of the information for these chapters has resulted from in-depth research or the meeting reports of the Antarctic Treaty Party Consultative and Special Consultative Meetings. Chapter Seven looks at the continued criticism that the ATS represents a ‘closed and exclusive club of rich and powerful states. Chapter Eight investigates whether the apparent conflict between Article IX(2) or the Antarctic Treaty conflicts with the ATS's environmental protection role. Chapter Nine looks at the circumstances surrounding the establishment or the permanent secretarial. Chapter Ten investigates whether the inability of the Parties to establish a liability annex to the Madrid Protocol has effected the legitimacy of the Protocol and by association the ATS. Chapter Eleven is an analysis of the effects that China's non-compliance with the provision of the Convention on the Conservation of Antarctic Marine Living Resources has on the legitimacy of the ATS. Chapter Twelve investigates whether the lack of jurisdiction over tourism in the Antarctic region has had any adverse effects on the legitimacy of the ATS. Chapter Thirteen is an overview of the status of recognition of the ATS within the United Nations. 
At the conclusion of the analysis of international law and the meeting reports of the ATS contained in this thesis it became clear that despite the current problems that the ATS is experiencing the organisation does have the level of legitimacy necessary to protect the Antarctic environment. The Parties must be aware however that this legitimacy may not continue if they do not address these problem areas in a timely manner.

year: 2002

title: Water flow between Ohau Channel and Lake Rotoiti following implementation of the diversion wall part B

authors: Hamilton, David P.

abstract: To help improve water quality in Lake Rotoiti, a diversion wall was completed in July 2008, to divert the water emanating from the Ohau Channel towards Okere Arm in Lake Rotoiti. The objective was that this water would be directly transported into the Kaituna River instead of entering the main basin of Lake Rotoiti. A report was produced in response to a request from the Rotorua Lakes Technical Advisory Group to determine water velocities in the region of the wall, to consider the effectiveness of the diversion. This subsequent report has been written to follow-up on the recommendation that vertically resolved measurements of water current and direction in Lake Rotoiti should be investigated. The timing of the data collection was April to May when an underflow is more likely to be present.

text: Water flow between Ohau Channel and Lake Rotoiti following implementation of the diversion wall part B To help improve water quality in Lake Rotoiti, a diversion wall was completed in July 2008, to divert the water emanating from the Ohau Channel towards Okere Arm in Lake Rotoiti. The objective was that this water would be directly transported into the Kaituna River instead of entering the main basin of Lake Rotoiti. A report was produced in response to a request from the Rotorua Lakes Technical Advisory Group to determine water velocities in the region of the wall, to consider the effectiveness of the diversion. This subsequent report has been written to follow-up on the recommendation that vertically resolved measurements of water current and direction in Lake Rotoiti should be investigated. The timing of the data collection was April to May when an underflow is more likely to be present.

year: 2010

title: Death and homelessness on the streets of Aotearoa New Zealand: Sustaining life

authors: Charvin-Fabre, Sandrine

abstract: In high-income countries, homeless people die 20 to 35 years earlier than domiciled populations. Despite this enduring reality, the issue of death inequality remains underexplored, especially in indigenous homeless contexts, facing the ongoing effects of colonisation. This study centres on the perspectives and aspirations of a Māori street homeless community, known as the “Peeps”. Its objective is twofold: to spotlight to unjust, untimely, and avoidable mortality impacting homeless communities in Aotearoa New Zealand, and to understand how life can be sustained against the adversity of street life. The thesis diverges from conventional public health approaches, which often dichotomise early deaths prevention through improved healthcare access during homelessness, and palliative care provision at the end of life of homeless people. This thesis explores “the temporal space of life prior to death”. Within that temporal realm, the omnipresent “risk of dying” that infiltrates the lives of homeless people, disrupting the linear progression toward death observed in domiciled populations, is recognised. This temporal space is understood as a zone of uncertainty and potentiality, wherein complex life-death dynamics operate, revealing broader political, societal and cultural tensions. This study encountered significant challenges, including the dearth of prior death-related research in Māori homeless contexts, and my non-Māori identity. In response, an indeterminate approach, rooted in relational ethics and complexity and systems thinking — aligned with Māori worldviews — was adopted.  

Part I of the thesis is conceptual and contextual. Part II invites the readers into the fragile “temporal space of life prior to death” and the cyclical research process. Cycle 1 focuses on understanding the local context of death inequality, through relational fieldwork and statistical analysis of coroners’ reports. This analysis uncovers a 30-year life expectancy disparity with domiciled populations, exacerbated by three-quarters of avoidable mortality, mainly due to chronic conditions and suicide. Subsequent cycles sustain relational fieldwork, using collaborative and critical performance ethnography. Cycle 2 reveals the Peeps’ resistance to access healthcare, rooted in experiences of transgenerational trauma and marginalisation of Māori beliefs and values in relation to death and dying within mainstream healthcare institutions. Collaboration with the Peeps leads to the co-creation of a drama, intended to initiate conversations with health professionals from the Peeps’ perspectives and aspirations, to improve the quality of care. This cycle also highlights the impact of disconnection processes with whānau (family, extended family) experienced by the Peeps. Progressing further, cycle 3 illuminates healing processes with whānau using Advance Care Planning, envisioned as a relational space, providing the Peeps with a sense of belonging, and spiritual continuity in the perspective of death and dying. 
 
In addition to shedding light on the profound death inequality that affect Māori homeless people, this thesis argues for homelessness to be recognised as “complex life-threatening conditions associated with serious-related health suffering”. Accordingly, the thesis advocates the shift toward comprehensive care, inclusive of a concurrent prevention and palliation approach over the course of homelessness, to mitigate its impact on the lives of Māori homeless people and enhance holistic wellbeing.

text: Death and homelessness on the streets of Aotearoa New Zealand: Sustaining life In high-income countries, homeless people die 20 to 35 years earlier than domiciled populations. Despite this enduring reality, the issue of death inequality remains underexplored, especially in indigenous homeless contexts, facing the ongoing effects of colonisation. This study centres on the perspectives and aspirations of a Māori street homeless community, known as the “Peeps”. Its objective is twofold: to spotlight to unjust, untimely, and avoidable mortality impacting homeless communities in Aotearoa New Zealand, and to understand how life can be sustained against the adversity of street life. The thesis diverges from conventional public health approaches, which often dichotomise early deaths prevention through improved healthcare access during homelessness, and palliative care provision at the end of life of homeless people. This thesis explores “the temporal space of life prior to death”. Within that temporal realm, the omnipresent “risk of dying” that infiltrates the lives of homeless people, disrupting the linear progression toward death observed in domiciled populations, is recognised. This temporal space is understood as a zone of uncertainty and potentiality, wherein complex life-death dynamics operate, revealing broader political, societal and cultural tensions. This study encountered significant challenges, including the dearth of prior death-related research in Māori homeless contexts, and my non-Māori identity. In response, an indeterminate approach, rooted in relational ethics and complexity and systems thinking — aligned with Māori worldviews — was adopted.  

Part I of the thesis is conceptual and contextual. Part II invites the readers into the fragile “temporal space of life prior to death” and the cyclical research process. Cycle 1 focuses on understanding the local context of death inequality, through relational fieldwork and statistical analysis of coroners’ reports. This analysis uncovers a 30-year life expectancy disparity with domiciled populations, exacerbated by three-quarters of avoidable mortality, mainly due to chronic conditions and suicide. Subsequent cycles sustain relational fieldwork, using collaborative and critical performance ethnography. Cycle 2 reveals the Peeps’ resistance to access healthcare, rooted in experiences of transgenerational trauma and marginalisation of Māori beliefs and values in relation to death and dying within mainstream healthcare institutions. Collaboration with the Peeps leads to the co-creation of a drama, intended to initiate conversations with health professionals from the Peeps’ perspectives and aspirations, to improve the quality of care. This cycle also highlights the impact of disconnection processes with whānau (family, extended family) experienced by the Peeps. Progressing further, cycle 3 illuminates healing processes with whānau using Advance Care Planning, envisioned as a relational space, providing the Peeps with a sense of belonging, and spiritual continuity in the perspective of death and dying. 
 
In addition to shedding light on the profound death inequality that affect Māori homeless people, this thesis argues for homelessness to be recognised as “complex life-threatening conditions associated with serious-related health suffering”. Accordingly, the thesis advocates the shift toward comprehensive care, inclusive of a concurrent prevention and palliation approach over the course of homelessness, to mitigate its impact on the lives of Māori homeless people and enhance holistic wellbeing.

year: 2024