Glacier Republic

Last updated

Glacier Republic
República Glaciar
Unrecognized micronation
Chile loc map.svg
Claimed by Greenpeace
Established5 March 2014
Location claimedChilean Glaciers

The Glacier Republic is a fictional micronation created as an advertising awareness campaign by Greenpeace in Chile on March 5, 2014 in protest over mining corporations building on or near the glacier and causing it damage. According to the activists, loopholes in the laws between the borders of Chile and Argentina and a legal vacuum in regulations regarding the sovereignty of glaciers allowed them to legally create the Republic. [1] Chile contains 82% of South America's glaciers, but currently has no laws in place to protect them.

Contents

The activists say that once Chile has passed appropriate legislation recognizing and guaranteeing the integrity and protection of its glaciers, "The Glacier Republic and its citizens will return the glaciers to the Chilean State," and the Glacier Republic will cease to exist. Therefore, the real purpose of the Republic is not to create a long-lasting country, but to force the Chilean government to protect its glaciers. [2] Within its first ten days of "independence", more than 40,000 people signed up to become "citizens" in support of the Republic, which has already opened embassies in 40 countries around the world (essentially just those countries where Greenpeace International already have offices). [3]

The statement of Greenpeace would invoke an apparent absence anomie or legal rule governing the legal status of the glacier is. However, Article 593 subsection 2 of Chilean Civil Code states that "The waters inside the baselines of the territorial sea form part of the internal waters of the State" and Article 595 provides: "All waters are national public goods'. On the other hand, the law 19,300 of Basic Environmental provides in art. 36, which form part of the protected areas "lots of sea, beach land, sea beaches, lakes, ponds, glacial, reservoirs, streams, swamps and other wetlands located within its perimeter".

Meanwhile, Regulation System of environmental impact assessment of Chilean State Decree No. 40 by SEIA published in the Official Chilean Gazette on August 12, 2013, without distinguishing between glaciers located within the National System of State Protected Wild Areas (SNASPE) or outside SNASPE expresses that: "all projects in all its phases, the system must undergo Environmental Impact Assessment relate to when Dams, drainage, draining, dredging, or alteration defense, significant, bodies or natural watercourses, including 'glaciers' that are incorporated as such in a public inventory by the Directorate General of Water"; Expresses turn the holder of such activity or project must submit an Environmental Impact if your project or activity is located close to glaciers, may be affected, qualifying as Next area the area of influence of the activity; Thus, glaciers outside the SNASPE enjoy and exegete weighted analysis by various government agencies of the State of Chile that must issue a decision within the procedure System Environmental Impact Studies shall count the existence of such records by the owner in the presentation of this study, all prior to the authorization of a project or activity that might pose a risk to the glaciers. So there is no lack of recognition of Glacier as part of the territory of Chile. [4] [5]

Related Research Articles

<span class="mw-page-title-main">Greenpeace</span> Non-governmental environmental organization

Greenpeace is an independent global campaigning network, founded in Canada in 1971 by a group of environmental activists. Greenpeace states its goal is to "ensure the ability of the Earth to nurture life in all its diversity" and focuses its campaigning on worldwide issues such as climate change, deforestation, overfishing, commercial whaling, genetic engineering, anti-war and anti-nuclear issues. It uses direct action, advocacy, research, and ecotage to achieve its goals.

<span class="mw-page-title-main">International Seabed Authority</span> Intergovernmental body to regulate mineral-related activities on the seabed

The International Seabed Authority (ISA) is a Kingston, Jamaica-based intergovernmental body of 167 member states and the European Union established under the 1982 UN Convention on the Law of the Sea (UNCLOS) and its 1994 Agreement on Implementation. The ISA's dual mission is to authorize and control development of mineral related operations in the international seabed considered the "common heritage of all mankind" and also protect the ecosystem of the seabed, ocean floor and subsoil in "The Area" beyond national jurisdiction. The ISA is to safeguard the international deep sea, the waters below 200 meters or 656 feet, where photosynthesis is hampered by inadequate light. Governing approximately half of the total area of the world's oceans, the ISA is to exercise oversight of activities that might threaten biological diversity and harm the marine environment. The Authority operates as an autonomous international organization with its own Assembly, Council and Secretariat.

The Protocol on Environmental Protection to the Antarctic Treaty, also known as the Madrid Protocol, is a complementary legal instrument to the Antarctic Treaty signed in Madrid on October 4, 1991. It entered into force on January 14, 1998.

<span class="mw-page-title-main">United Nations Convention on the Law of the Sea</span> International maritime law

The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. As of May 2023, 168 countries and the European Union are parties.

<span class="mw-page-title-main">Artificial island</span> Island constructed by people

An artificial island is an island that has been constructed by humans rather than formed through natural processes. Other definitions may suggest that artificial islands are lands with the characteristics of human intervention in their format process, while others argue that artificial islands are created by expanding existing islets, constructing on existing reefs, or amalgamating several islets together. Although constructing artificial islands is not a modern phenomenon, there is no definite legal definition of it. Artificial islands may vary in size from small islets reclaimed solely to support a single pillar of a building or structure to those that support entire communities and cities. Archaeologists argue that such islands were created as far back as the Neolithic era. Early artificial islands included floating structures in still waters or wooden or megalithic structures erected in shallow waters.

<span class="mw-page-title-main">Patagonian toothfish</span> Species of fish

The Patagonian toothfish, also known as Chilean sea bass, mero, icefish, and Antarctic cod, is a species of notothen found in cold waters between depths of 45 and 3,850 m in the southern Atlantic, Pacific, and Indian Oceans and Southern Ocean on seamounts and continental shelves around most Subantarctic islands.

<span class="mw-page-title-main">Marine protected area</span> Protected areas of seas, oceans, estuaries or large lakes

Marine protected areas (MPA) are protected areas of the world's seas, oceans, estuaries or in the US, the Great Lakes. These marine areas can come in many forms ranging from wildlife refuges to research facilities. MPAs restrict human activity for a conservation purpose, typically to protect natural or cultural resources. Such marine resources are protected by local, state, territorial, native, regional, national, or international authorities and differ substantially among and between nations. This variation includes different limitations on development, fishing practices, fishing seasons and catch limits, moorings and bans on removing or disrupting marine life. In some situations, MPAs also provide revenue for countries, potentially equal to the income that they would have if they were to grant companies permissions to fish. The value of MPA to mobile species is unknown.

<span class="mw-page-title-main">Environmental planning</span> Considering environment in developing land

Environmental planning is the process of facilitating decision making to carry out land development with the consideration given to the natural environment, social, political, economic and governance factors and provides a holistic framework to achieve sustainable outcomes. A major goal of environmental planning is to create sustainable communities, which aim to conserve and protect undeveloped land.

<span class="mw-page-title-main">Illegal, unreported and unregulated fishing</span> International issue

Illegal, unreported and unregulated fishing (IUU) is an issue around the world. Fishing industry observers believe IUU occurs in most fisheries, and accounts for up to 30% of total catches in some important fisheries.

<span class="mw-page-title-main">Deep sea mining</span> Mineral extraction from the ocean floor

Deep sea mining is the extraction of minerals from the ocean floor at depths of 200 metres (660 ft) to 6,500 metres (21,300 ft).

The legal system of Chile belongs to the Continental Law tradition. The basis for its public law is the 1980 Constitution, reformed in 1989 and 2005. According to it Chile is a democratic republic. There is a clear separation of functions, between the President of the Republic, the Congress, the judiciary and a Constitutional Court. See Politics of Chile. On the other hand, private relationships are governed, mainly, by the Chilean Civil Code, most of which has not been amended in 150 years. There are also several laws outside the Code that deal with most of the business law.

<span class="mw-page-title-main">HidroAysén</span>

HidroAysén was a controversial megaproject that aimed to build five hydroelectric power plants in Chile's Aysén Region, two on the Baker River and three on the Pascua River. Planned for construction during the 2010s, the project was definitely cancelled by its contractors in November 2017.

Water Resources Management (WRM) in Chile is widely known for its 1981 Water Code—written after General Augusto Pinochet took control through a military coup d'état. Free-market mechanisms became the economic philosophy in WRM, including the development of water markets and tradable water permits. A major reform to the 1981 Water Code was signed in 2005 to address social equity and environmental protection concerns. Water resources management in Chile is shared among the private sector which provides investment for infrastructure and distribution, and agencies provide regulatory oversight, maintain records, and issue water rights. Chile is negotiating formalized agreements with both Bolivia and Argentina to manage shared resources and water storage projects. Chile is also supported in rural water supply with $150 million in loans by the World Bank and the Inter-American Development Bank.

<span class="mw-page-title-main">Marine Management Organisation</span> UK non-departmental public body

The Marine Management Organisation (MMO) is an executive non-departmental public body in the United Kingdom established under the Marine and Coastal Access Act 2009, with responsibility for English waters. The MMO exists to make a significant contribution to sustainable development in the marine area, and to promote the UK government's vision for clean, healthy, safe, productive and biologically diverse oceans and seas. The MMO aims to focus all of its activities and resources to meet its mission of enabling sustainable growth in the UK's marine area through 5 strategic outcomes:

<span class="mw-page-title-main">Anti-whaling</span>

Anti-whaling refers to actions taken by those who seek to end whaling in various forms, whether locally or globally in the pursuit of marine conservation. Such activism is often a response to specific conflicts with pro-whaling countries and organizations that practice commercial whaling and/or research whaling, as well as with indigenous groups engaged in subsistence whaling. Some anti-whaling factions have received criticism and legal action for extreme methods including violent direct action. The term anti-whaling may also be used to describe beliefs and activities related to these actions.

Canadian mining in Latin America and the Caribbean began in the 20th century. Latin America and the Caribbean's vast resources give the region great geopolitical importance, attracting foreign interest for centuries. From the colonial race of European empires, to the multinationals of today's neoliberal capitalist world, this region continues to draw interest. Canada's involvement in Latin America increased dramatically since 1989 with several landmark negotiations and agreements. By 2009, the Canadian larger-company mineral exploration market in this region was valued at US$1.7 billion.

<span class="mw-page-title-main">Save the Arctic</span> Environmental campaign to protect the Arctic

Save the Arctic is a Greenpeace campaign to protect the Arctic, principally by preventing oil drilling and unsustainable industrial fishing in the area completely, surrounded by an Arctic-Environmental economics-Zone. The campaign, begun in 2012, calls for a sanctuary in the uninhabited high seas area around the North Pole, similar to the Protocol on Environmental Protection to the Antarctic Treaty. The campaign aims to begin this process by prompting a United Nations resolution on protection for the Arctic. Due to Russian invasion in Ukraine, world's 13% oil reserves could be a melting point in the Arctic.

The Chagos Marine Protected Area, located in the central Indian Ocean in the British Indian Ocean Territory of the United Kingdom, is one of the world's largest officially designated marine protected areas, and one of the largest protected areas of any type on Earth. It was established by the British government on 1 April 2010 as a massive, contiguous, marine reserve, it encompasses 640,000 square kilometres (250,000 sq mi) of ocean waters, including roughly 70 small islands and seven atolls of the Chagos Archipelago. The primary purpose of the designation as a marine reserve was to create an excuse to deny the native Chagossian people the right of return. Unlike true marine reserves, the area is heavily polluted by the nearby military base, which is exempt from all restrictions imposed on the area.

Greenpeace <i>Arctic Sunrise</i> ship case Protest against Arctic oil production in 2013

On 18 September 2013, Greenpeace activists attempted to scale the Prirazlomnaya drilling platform, as part of a protest against Arctic oil production.

<span class="mw-page-title-main">Climate change litigation</span> Use of legal practice to further climate change mitigation

Climate change litigation, also known as climate litigation, is an emerging body of environmental law using legal practice to set case law precedent to further climate change mitigation efforts from public institutions, such as governments and companies. In the face of slow climate change politics delaying climate change mitigation, activists and lawyers have increased efforts to use national and international judiciary systems to advance the effort. Climate litigation typically engages in one of five types of legal claims: Constitutional law, administrative law, private law (challenging corporations or other organizations for negligence, nuisance, etc., fraud or consumer protection, or human rights.

References

  1. "BBC News – Chile: Activists 'create nation' to protect glaciers". BBC News. March 10, 2014. Retrieved March 12, 2014.
  2. "Birth of an Ice Nation: Greenpeace declares the Glacier Republic in Chile | Eye On Latin America". eyeonlatinamerica.wordpress.com. March 7, 2014. Retrieved March 12, 2014.
  3. "Glacier Republic heats up in Chile | Eye On Latin America". eyeonlatinamerica.wordpress.com. March 14, 2014. Retrieved March 30, 2014.
  4. Corral, Hernán. "Republic of the glacier": response to a loophole? [ permanent dead link ]. Blog and Law Academy (March 9, 2014).
  5. Esquivel, Mario. "Some scopes on Glacier Republic Initiative" Archived August 15, 2014, at the Wayback Machine Column CEQUA Foundation, The Magallanes. pag.12