1. Annex on Liability Arising from Environmental Emergencies (Annex VI) to the Protocol on Environmental Protection to the Antarctic Treaty, Measure 1 (2005) — Annex, cf. Final Report of the Twenty-Eighth Antarctic Treaty Consultative Meeting, Antarctic Treaty Secretariat (ed.), Stockholm, 6–17 June 2005, 63; http://www.ats.aq/uploaded/ANNEXVI.pdf (last visit in March 2007).
2. The preparation for the negotiations of a Liability Annex started at the ATCM in Venice, November 1992, cf. F. Francioni, “Liability For Damage to the Common Environment: The Case of Antarctica”, RECIEL 3 (1994), 223; A. Aust/J. Shears, “Liability for Environmental Damage in Antarctica”, RECIEL 5 (1996), 312.
3. Cf. Final Report of the Twenty-Eighth Antarctic Treaty Consultative Meeting, Antarctic Treaty Secretariat (ed.), Stockholm, 6–17 June 2005, para. 128, available at http://www.ats.aq/28atcm/reportes.php (last visit in March 2007); Rüdiger Wolfrum was Chair of the Group of Legal Experts on the work undertaken to elaborate an annex or annexes on liability for environmental damage in Antarctica from 1993 till 1998. The Group of Legal Experts was established by the XVII ATCM in Venice (paras. 37 to 40 Final Report). The XXI ATCM asked this Group to ‘prepare a written report on the work undertaken to elaborate an annex or annexes and [to] outline the results achieved (...)’, cf. XXII ATCM/Working Paper (WP) 1, April 1998, 1 et seq.
4. The deliberations of the Group took place on the basis of ‘Offerings’ prepared by the Chairman. The final ‘Eighth Offering’ is Part of the XXII ATCM/Working Paper (WP) 1, April 1998, 19 et seq. Concerning the history of negotiations after the Eighth Offering under the chairmanship of Don MacKay (New Zealand), see D. Shelton, “ATCM XXIII — Discussion on Liability Annex”, Environmental Policy and Law 29 (1999), 178.
5. The discussion whether a step-by-step approach as advocated by the United States or a comprehensive approach as supported by Germany and other like minded states should be followed started right from the beginning of the discussions in the Working Group, cf. D. J. Bederman/S.P. Keskar, “Antarctic Environmental Liability: The Stockholm Annex and Beyond”, Emory International Law Review 19 (2005), 1383, 1387 et seq.; D. Vidas, “The Protocol on Environmental Protection to the Antarctic Treaty: A Ten-Year Review”, in: O. Schram Stokke/O.B. Thommessen (eds), Yearbook of International Cooperation on Environment and Development 2002/2003, 51, 57.