Antarctic Treaty System
The
Antarctic Treaty and related agreements, collectively called the
Antarctic Treaty System or
ATS, regulate the
international relations with respect to
Antarctica,
Earth's only uninhabited
continent. For the purposes of the
treaty system,
Antarctica is defined as all land and
ice shelves south of the southern 60th
parallel. The treaty was signed by 12 countries, including the
Soviet Union and the
United States, and set aside Antarctica as a scientific preserve, established freedom of scientific investigation and banned military activity on that
continent. This was the first
arms control agreement established during the
Cold War.
 |
Research stations and territorial claims in Antarctica (2002). |
The (Main) Antarctic Treaty
The main treaty was opened for signature on
December 1,
1959, and officially entered into force on
June 23,
1961. The original signatories were the 12 countries active in Antarctica during the
International Geophysical Year of 1957-58 and willing to accept a US invitation to the conference at which the treaty was negotiated. These countries were
Argentina,
Australia,
Belgium,
Chile,
France,
Japan,
New Zealand,
Norway,
South Africa, the
USSR, the
United Kingdom and the United States (which opened the
Amundsen-Scott South Pole Station for the
International Geophysical Year).
Articles of the Antarctic Treaty
*
Article 1 - area to be used for peaceful purposes only; military activity, such as weapons testing, is prohibited, but military personnel and equipment may be used for scientific research or any other peaceful purpose;
*
Article 2 - freedom of scientific investigation and cooperation shall continue;
*
Article 3 - free exchange of information and personnel in cooperation with the
United Nations and other international agencies;
*
Article 4 - does not recognize, dispute, or establish territorial claims and no new claims shall be asserted while the treaty is in force;
*
Article 5 - prohibits nuclear explosions or disposal of radioactive wastes;
*
Article 6 - includes under the treaty all land and ice shelves south of 60 degrees 00 minutes south;
*
Article 7 - treaty-state observers have free access, including aerial observation, to any area and may inspect all stations, installations, and equipment; advance notice of all activities and of the introduction of military personnel must be given;
*
Article 8 - allows for jurisdiction over observers and scientists by their own states;
*
Article 9 - frequent consultative meetings take place among member nations;
*
Article 10 - treaty states will discourage activities by any country in Antarctica that are contrary to the treaty;
*
Article 11 - disputes to be settled peacefully by the parties concerned or, ultimately, by the
International Court of Justice;
*
Articles 12, 13, 14 - deal with upholding, interpreting, and amending the treaty among involved nations.
The main objective of the ATS is to ensure
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 . The treaty forbids
any measures of a military nature, but not the presence of military personnel per se. It also defers the question of territorial claims asserted by some nations and not recognized by others.
Other agreements
Other agreements - some 200 recommendations adopted at treaty consultative meetings and ratified by governments - include:
*
Agreed Measures for the Conservation of Antarctic Fauna and Flora (1964) (entered into force in 1982)
*The
Convention for the Conservation of Antarctic Seals (1972)
*The
Convention for the Conservation of Antarctic Marine Living Resources (1980)
*The
Convention on the Regulation of Antarctic Mineral Resource Activities (1988) (although it was signed in 1988, it was subsequently rejected and never entered into force)
*The
Protocol on Environmental Protection to the Antarctic Treaty was signed
4 October 1991 and entered into force
14 January 1998; this agreement prevents development and provides for the protection of the Antarctic environment through five specific annexes on marine pollution, fauna, and flora, environmental impact assessments, waste management, and protected areas. It prohibits all activities relating to mineral resources except scientific
The Antarctic Treaty System's yearly
Antarctic Treaty Consultative Meetings (ATCM) are the international forum for the administration and management of the region. Only 28 of the 45 parties to the agreements have the right to participate in these meetings. These parties are the
Consultative Parties and, in addition to the twelve original signatories, include 16 countries that have demonstrated their interest in Antarctica by carrying out substantial scientific activity there.
[[Image:Antarctic Treaty.png|400px|center|thumb|
]]
* Claims overlap.
** Reserved the right to claim areas.
At the end of 2004, there were 45 treaty member nations: 28 consultative and 17 acceding. Consultative (voting) members include the seven nations that claim portions of Antarctica as national territory. The 20 nonclaimant nations do not recognize the claims of others.
Antarctica has no
government. Various countries claim areas of it, but most countries do not recognize those claims. The area between 90 degrees west and 150 degrees west is the only land on Earth not claimed by any country.
Argentina and Chile
According to Argentine regulations, any crime committed within 50
kilometers of any Argentine base is to be judged in
Ushuaia (as capital of
Tierra del Fuego, Antarctica, and South Atlantic Islands). In the part of
Argentine Antarctica that is also claimed by Chile, the person to be judged can ask to be transferred there.
United States
The
law of the United States, including certain criminal offenses by or against U.S. nationals, such as murder, may apply to areas not under jurisdiction of other countries. To this end, the United States now stations special deputy
U. S. Marshals in Antarctica to provide a law enforcement presence. [
1]
Some U.S. laws directly apply to Antarctica. For example, the
Antarctic Conservation Act, 16
U.S.C. section 2401 et seq., provides civil and criminal penalties for the following activities, unless authorized by regulation of
statute:
*the taking of native mammals or birds;
*the introduction of nonindigenous plants and animals;
*entry into specially protected or scientific areas;
*the discharge or disposal of pollutants;
*the importation into the U.S. of certain items from Antarctica
Violation of the Antarctic Conservation Act carries penalties of up to $10,000 in fines and one year in prison. The Departments of
Treasury,
Commerce,
Transportation, and
Interior share enforcement responsibilities.
Public Law 95-541, the Antarctic Conservation Act of 1978, requires expeditions from the U.S. to Antarctica to notify, in advance, the
Office of Oceans and Polar Affairs of the
State Department, which reports such plans to other nations as required by the Antarctic Treaty.
Further information is provided by the
Office of Polar Programs of the
National Science Foundation.
*
70South: Info on the Antarctic Treaty*
Antarctic Treaty Secretariat*
Full Text of the Antarctic Treaty*
National Science Foundation - Office of Polar Programs*
List of all Antarctic Treaty Consultative Meetings*
An Antarctic Solution for the Koreas San Diego Union-Tribune, August 25, 2005 (Both South Korea and North Korea are members of the Antarctic Treaty)
