ABSTRACT
Polar wilderness, a special and unique feature of the Arctic and the Antarctic, is not adequately protected by the present legal regimes. In the Arctic, where related values are predominately addressed by Arctic States’ domestic regulations, only a relatively small number of protected areas is designated for wilderness protection. In the Antarctic, wilderness values receive explicit legal recognition under the Environmental Protocol to the Antarctic Treaty. The practical relevance is, however, weak and becomes particularly apparent in the context of environmental impact assessments and area protection. These discrepancies are even more significant as human activities in both regions continue to increase and consequences of climate change accelerate. Therefore, decisive steps towards wilderness protection should be taken at both sides: Arctic States should not only intensify their efforts domestically but also at the regional level, in the Arctic Council. The forum, for example, could make use of its potential role to stipulate an explicit policy directed to wilderness protection in the region, a process that should actively include Indigenous Peoples. In the Antarctic context, relevant progress has been achieved at the CEP-level during recent years. Related initiatives should be continued and, most importantly, transferred to the decision-making level of the ATCM.
