El medio ambiente en la minería

EL MEDIO AMBIENTE EN LA MINERIA 230 have been possible for the consultative parties to draw up a treaty totaUy prohibiting aU antarctic mineral resource activities. This was, in faet, the proposal put forward by Australia and France, among others. However, in 1988, the same consultative parties had adopted a convention (CRAMRA) whose essential philosophy was that, previous to any activity, a mechanism shouldexist in order to assess the possible impact on the environment ofmining activities, determining whether they are acceptable and, ifso, regulating them in detail. The 1988 WeIlington Cónventión was, however, superseded by the Madrid Protocol to the Antarctic Treaty for environmental protection whose provisions contain an indefinite prohibition ofAntarctic mining, subject to an extremely cumbersome review process. Although in thepublit perception, the issue of Antarctic mining, and specifi– cally oil exploration in the large offshore sedimentary basins of Antarctica, seemed to pitch the conservationists or die-hard preservationists against powerful mining interests, the truth is that the permanent or temporary 10ss of these resources will not cause experts in the petroleum or minerals in– dustries to lose any sleep. On the other hand, the Antarctic Treaty parties never considered a regime facilitating and promoting antarctic mining, with only a mínimum of restraint, a valid option. From the start, environmental conservation was a major consideratíon throughout the minera]s negotiation in Antarctica. 11. SEA-RED MINING A mining regime ¡s, however, the dominating concept of Part XI of the United Nations Convention on the Lawof the Sea. At the United Nations Law of the Sea Preparatory Commission work has been undertaken to produce precisely such a mining code for the deep sea-bed, duly taking into account the need to ensure protection of the marine environment. Before the Commission is a draft text which ineludes provisions banning any deep sea-bed mining activities that causes "serious harm" to the marine environment. Tt also seeks to establish reference zones in which no mining would occur and requires as well environ– mental impact assessments. The draft sets out environmental monitoring programs, liabilities and penalties for damage, and provision is a1so made for the settlement of disputes. In technalogical terms, deep sea-bed mining is a different proposition from that of antarctic resource development. The greatest concentrations of are– grade nodules are found in the Clarion-Clipperton zone between Hawaii and Baja California, outside the jurisdiction of any particular country. The tech– nology already exists to calleet and process nodules lying on the deep sea-bed, through a hydraulic system; at the surCace they would be crushed and