Antarctic Treaty

The Antarctic Treaty (AT)

Note: for information about the Antarctic Treaty system, please click here.

In General

By Vito De Lucia

The Antarctic Treaty “shall apply to the area south of 60° South Latitude, including all ice shelves” (Art. VI), and its main objective is that of ensuring “in the interests of all mankind that Antarctica shall continue forever to be used exclusively for peaceful purposes and shall not become the scene or object of international discord” (Preamble).

The twelve Signatories to the Antarctic Treaty – Argentina, Australia, Belgium, Chile, France, Japan, New Zealand, Norway, Russian Federation, South Africa, United Kingdom and United States – were the countries that were active in Antarctica during the International Geophysical Year of 1957-58. Those countries accepted the invitation of the United States to participate in the diplomatic conference held in Washington. During that conference the Treaty was negotiated, in 1959. The AT entered into force in 1961.

The Antarctic Treaty is a “membership” agreement, as it establishes a governance hierarchy. Article IX creates three different groups of State parties, only two of which are entitled to attend the Consultative Meetings. These States are the original signatories plus those who acceded to the AT and fulfilled the requirements under art. IX.2. Both groups comprise the Antarctic Treaty Consultative Parties (‘ATCPs’). The third group consists of other accession States which however haven’t fulfilled the requirements of art IX.2, whereby an accession country must demonstrate “its interest in Antarctica by conducting substantial scientific research activity there […]”

The Antarctic Treaty prohibits any and all military activities in Antarctica: “There shall be prohibited, inter alia, any measure of a military nature, such as the establishment of military bases and fortifications, the carrying out of military manoeuvres, as well as the testing of any type of weapon” (art. I.2), “any nuclear explosions in Antarctica and the disposal there of radioactive waste material” (art. V) and provides for freedom of scientific investigation (art. II), promoting as well international cooperation and encouraging exchange of information: following art. III the Contracting Parties agree to, to the greatest extent possible, exchange “information regarding plans for scientific programs in Antarctica” (art. III.1), “scientific personnel” (art. III.2) and “scientific observations and results […] shall be made freely available” (art. III.3). It encourages the peaceful settlement of disputes (Art. XI: “Contracting Parties shall consult among themselves with a view to having the dispute resolved by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement or other peaceful means of their own choice”) and allows for on-site no-warning “inspections” as an enforcing mechanism (with regards to the demilitarization provisions of the Antarctic Treaty).

The Antarctic Treaty had no Secretariat until 2004, and decision-making was left to the recommendations made at the annual Consultative Meetings, which are hosted in rotation by Consultative Parties. In 2004 an At Secretariat was created in order to: support the Antarctic Treaty Consultative Meeting (ATCM) and the Committee for Environmental Protection (CEP); promote the official information exchange between the Parties of the Antarctic Treaty; collect, maintain and publish the records of the ATCM and the CEP; provide information on the Antarctic Treaty system.

The most important aspect of the AT is linked to sovereignty claims. Article IV deals with that by “safeguarding” the rights of the three groups of countries Parties to the AT15: those countries that had “previously asserted rights of or claims to territorial sovereignty in Antarctica”, those that consider themselves as having “a basis of claim to territorial sovereignty in Antarctica”, and those that do not recognize “any other State’s right of or claim or basis of claim to territorial sovereignty in Antarctica” (Art. IV).

However, art. IV also provides that “no acts or activities taking place while the present Treaty is in force shall constitute a basis for asserting, supporting or denying a claim to territorial sovereignty in Antarctica or create any rights of sovereignty in Antarctica. No new claim, or enlargement of an existing claim, to territorial sovereignty in Antarctica shall be asserted while the present Treaty is in force”.

The first dedicated environmental rules were established by the adoption of the 1964 Brussels Agreed Measures for the Conservation of the Antarctic Flora and Fauna, which designated the Antarctic region as a Special Conservation Area.

Text

Article I

1. Antarctica shall be used for peaceful purposes only. There shall be
prohibited, inter alia, any measures of a military nature, such as the
establishment of military bases and fortifications, the carrying out of
military maneuvers, as well as the testing of any types of weapons.

2. The present Treaty shall not prevent the use of military personnel or
equipment for scientific research or for any other peaceful purpose.

Article II

Freedom of scientific investigation in Antarctica and co-operation toward
that end, as applied during the International Geophysical Year, shall
continue, subject to the provisions of the present Treaty.

Article III

1. In order to promote international co-operation in scientific
investigation in Antarctica, as provided for in Article II of the present
Treaty, the Contracting Parties agree that, to the greatest extent
feasible and practicable:

a) information regarding plans for scientific programs in Antarctica
shall be exchanged to permit maximum economy and efficiency of
operations;

b) scientific personnel shall be exchanged in Antarctica between
expeditions and stations;

c) scientific observations and results from Antarctica shall be
exchanged and made freely available.

2. In implementing this Article, every encouragement shall be given to
the establishment of co-operative working relations with those
Specialized Agencies of the United Nations and other international
organizations having a scientific or technical interest in Antarctica.

Article IV

1. Nothing contained in the present Treaty shall be interpreted as:

a) a renunciation by any Contracting Party of previously asserted
rights of or claims to territorial sovereignty in Antarctica;

b) a renunciation or diminution by any Contracting Party of any basis
of claim to territorial sovereignty in Antarctica which it may have
whether as a result of its activities or those of its nationals in
Antarctica, or otherwise;

c) prejudicing the position of any Contracting Party as regards its
recognition or non-recognition of any other State’s right of or
claim or basis of claim to territorial sovereignty in Antarctica.

2. No acts or activities taking place while the present Treaty is in
force shall constitute a basis for asserting, supporting or denying a
claim to territorial sovereignty in Antarctica or create any rights of
sovereignty in Antarctica. No new claim, or enlargement of an existing
claim, to territorial sovereignty in Antarctica shall be asserted while
the present Treaty is in force.

Article V

1. Any nuclear explosions in Antarctica and the disposal there of
radioactive waste material shall be prohibited.

2. In the event of the conclusion of international agreements concerning
the use of nuclear energy, including nuclear explosions and the disposal
of radioactive waste material, to which all of the Contracting Parties
whose representatives are entitled to participate in the meetings
provided for under Article IX are parties the rules established under
such agreements shall apply in Antarctica.

Article VI

The provisions of the present Treaty shall apply to the area south of 60
deg South Latitude, including all ice shelves, but nothing in the present
Treaty shall prejudice or in any way affect the rights, or the exercise
of the rights, of any State under international law with regard to the
High Seas within that area.

Article VII

1. In order to promote the objectives and ensure the observance of the
provisions of the present Treaty, each Contracting Party whose
representatives are entitled to participate in the meetings referred to
in Article IX of the Treaty shall have the right to designate observers
to carry out any inspection provided for by the present Article.
Observers shall be nationals of the Contracting Parties which designate
them. The names of observers shall be communicated to every other
Contracting Party having the right to designate observers, and like
notice shall be given of the termination of their appointment.

2. Each observer designated in accordance with the provisions of
paragraph 1 of this Article shall have complete freedom of access at any
time to any or all areas of Antarctica.

3. All areas of Antarctica, including all stations installations and
equipment within those areas, and all ships and aircraft at points of
discharging or embarking cargoes or personnel in Antarctica, shall be
open at all times to inspection by any observers designated in accordance
with paragraph 1 of this article.

4. Aerial observation may be carried out at any time over any or all
areas of Antarctica by any of the Contracting Parties having the right to
designate observers.

5. Each Contracting Party shall, at the time when the present Treaty
enters into force for it, inform the other Contracting Parties, and
thereafter shall give them notice in advance, of

a) all expeditions to and within Antarctica, on the part of its ships
or nationals, and all expeditions to Antarctica .organized in or
proceeding from its territory;

b) all stations in Antarctica occupied by its nationals; and

c) any military personnel or equipment intended to be introduced by it
into Antarctica subject to the conditions prescribed in paragraph 2
of Article I of the present Treaty.

Article VIII

1. In order to facilitate the exercise of their functions under the
present Treaty, and without prejudice to the respective positions of the
Contracting Parties relating to jurisdiction over all other persons in
Antarctica, observers designated under paragraph 1 of Article VII and
scientific personnel exchanged under subparagraph 1 (b) of Article III of
the Treaty, and members of the staffs accompanying any such persons,
shall be subject only to the jurisdiction of the Contracting Party of
which they are nationals in respect of all acts or omissions occurring
while they are in Antarctica for the purpose of exercising their
functions.

2. Without prejudice to the provisions of paragraph 1 of this Article,
and pending the adoption of measures In pursuance of subparagraph 1 (e)
of Article IX, the Contracting Parties concerned in any case of dispute
with regard to the exercise of jurisdiction in Antarctica shall
immediately consult together with a view to reaching a mutually
acceptable solution.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Arctic and Antarctic legal resources, Convention on the Conservation of Antarctic Marine and Living Resources 2, Convention on the Conservation of Antarctic Marine and Living Resources, Convention on the Regulation of Antarctic Mineral Resource Activities 2, Convention on the Regulation of Antarctic Mineral Resource Activities 2, Convention on the Regulation of Antarctic Mineral Resource Activities 3, Convention on the Regulation of Antarctic Mineral Resource Activities 3, Convention on the Regulation of Antarctic Mineral Resource Activities 4, Convention on the Regulation of Antarctic Mineral Resource Activities 5, Convention on the Regulation of Antarctic Mineral Resource Activities 9, Convention on the Regulation of Antarctic Mineral Resource Activities, Convention on the Regulation of Antarctic Mineral Resource Activities, Conventions: Chronological Index 1951-1970, Environment and Wildlife conventions, High Seas, International Conventions from 1991, Other Environmental conventions, Protocol on Environmental Protection 2, Protocol on Environmental Protection 3, Protocol on Environmental Protection 4, Protocol on Environmental Protection 5, Protocol on Environmental Protection, The Antarctic Treaty 2.

Antarctic Treaty

Embracing mainstream international law, this section on antarctic treaty explores the context, history and effect of the area of the law covered here.

Resources

Further Reading

  • The entry “antarctic treaty” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *