The Antarctic Treaty and related agreements, collectively known as the Antarctic Treaty System (ATS), regulate international relations with respect to Antarctica, Earth's only continent without a native human population. It was the first arms control agreement established during the Cold War, designating the continent as a scientific preserve, establishing freedom of scientific investigation, and banning military activity; for the purposes of the treaty system, Antarctica is defined as all the land and ice shelves south of 60°S latitude. Since September 2004, the Antarctic Treaty Secretariat, which implements the treaty system, is headquartered in Buenos Aires, Argentina.[3]
The main treaty was opened for signature on 1 December 1959, and officially entered into force on 23 June 1961.[4] The original signatories were the 12 countries active in Antarctica during the International Geophysical Year (IGY) of 1957–58: Argentina, Australia, Belgium, Chile, France, Japan, New Zealand, Norway, South Africa, the Soviet Union, the United Kingdom, and the United States.[1] These countries had established over 55 Antarctic research stations for the IGY, and the subsequent promulgation of the treaty was seen as a diplomatic expression of the operational and scientific cooperation that had been achieved. As of 2024[update], the treaty has 58 parties.[5]
History
Map of research stations and territorial claims in Antarctica (2015)
1940s
After World War II, the U.S. considered establishing a claim in Antarctica. From 26 August 1946, and until the beginning of 1947, it carried out Operation Highjump, the largest military expeditionary force that the United States had ever sent to Antarctica, consisting of 13 ships, 4,700 men, and numerous aerial devices.[6] Its goals were to train military personnel and to test material in conditions of extreme cold for a hypothetical war in the Antarctic.
On 2 September 1947, the quadrant of Antarctica in which the United States was interested (between 24° W and 90° W) was included as part of the security zone of the Inter-American Treaty of Reciprocal Assistance, committing its members to defend it in case of external aggression.
In August 1948, the United States proposed that Antarctica be under the guardianship of the United Nations, as a trust territory administered by Argentina, Australia, Chile, France, the United States, the United Kingdom, and New Zealand. This idea was rejected by Argentina, Australia, Chile, France, and Norway. Before the rejection, on 28 August 1948, the United States proposed to the claimant countries some form of internationalization of Antarctica, and the United Kingdom supported this. Chile responded by presenting a plan to suspend all Antarctic claims for five to ten years while negotiating a final solution, but this did not find acceptance.
In 1950, the interest of the United States to keep the Soviet Union away from Antarctica was frustrated, when the Soviets informed the claimant states that they would not accept any Antarctic agreement in which they were not represented. The fear that the USSR would react by making a territorial claim, bringing the Cold War to Antarctica, led the United States to make none.[6]
International conflicts
Various international conflicts motivated the creation of an agreement for the Antarctic.[7]
Some incidents had occurred during the Second World War, and a new one occurred in Hope Bay on 1 February 1952, when the Argentine military fired warning shots at a group of Britons. The response of the United Kingdom was to send a warship that landed marines at the scene on 4 February.[8] In 1949, Argentina, Chile, and the United Kingdom signed a Tripartite Naval Declaration committing not to send warships south of the 60th parallel south, which was renewed annually until 1961 when it was deemed unnecessary when the treaty entered into force. This tripartite declaration was signed after the tension generated when Argentina sent a fleet of eight warships to Antarctica in February 1948.[9]
On 17 January 1953, Argentina reopened the Lieutenant Lasala refuge on Deception Island, leaving a sergeant and a corporal in the Argentine Navy. On 15 February, in the incident on Deception Island, 32 royal marines landed from the British frigate HMS Snipe armed with Sten machine guns, rifles, and tear gas capturing the two Argentine sailors. The Argentine refuge and a nearby uninhabited Chilean shelter were destroyed, and the Argentine sailors were delivered to a ship from that country on 18 February near South Georgia.[10] A British detachment remained three months on the island while the frigate patrolled its waters until April.
On 4 May 1955, the United Kingdom filed two lawsuits, against Argentina and Chile respectively, before the International Court of Justice to declare the invalidity of the claims of the sovereignty of the two countries over Antarctic and sub-Antarctic areas. On 15 July 1955, the Chilean government rejected the jurisdiction of the court in that case, and on 1 August, the Argentine government also did so, so on 16 March 1956, the claims were closed.[11][12]
In 1950, the International Council of Scientific Unions (ICSU) had discussed the possibility of holding a third International Polar Year. At the suggestion of the World Meteorological Organization, the idea of the International Polar Year was extended to the entire planet, thus creating the International Geophysical Year that took place between 1 July 1957, and 31 December 1958. In this event, 66 countries participated. At the ICSU meeting in Stockholm from 9 to 11 September 1957, the creation of a Special Committee for Antarctic Research (SCAR) was approved, inviting the twelve countries conducting Antarctic investigations to send delegates to integrate the committee, with the purpose of exchanging scientific information among its members regarding Antarctica. The SCAR was later renamed to the Scientific Committee for Research in Antarctica.
Both Argentina and Chile stated that research carried out on the continent during the International Geophysical Year would not give any territorial rights to the participants, and that the facilities that were erected during that year should be dismantled at the end of it. However, in February 1958, the United States proposed that the Antarctic investigations should be extended for another year, and the Soviet Union reported that it would maintain its scientific bases until the studies being carried out had been completed.
Negotiation of the treaty
Scientific bases increased international tension concerning Antarctica. The danger of the Cold War spreading to that continent caused the President of the United States, Dwight D. Eisenhower, to convene an Antarctic Conference of the twelve countries active in Antarctica during the International Geophysical Year, to sign a treaty. In the first phase, representatives of the twelve nations met in Washington, who met in sixty sessions between June 1958 and October 1959 to define a basic negotiating framework. However, no consensus was reached on a preliminary draft. In the second phase, a conference at the highest diplomatic level was held from 15 October to 1 December 1959, when the Treaty was signed.
The Antarctic Treaty was signed in 1959 by 12 nations and came into effect in the mid-1960s. The central ideas with full acceptance were the freedom of scientific research in Antarctica and the peaceful use of the continent. There was also a consensus for demilitarization and the maintenance of the status quo. The treaty prohibits nuclear testing, military operations, economic exploitation, and territorial claims in Antarctica. It is monitored through on-site inspections. The only permanent structures allowed are scientific research stations. The original signatory countries hold voting rights on Antarctic governance, with seven of them claiming portions of the continent and the remaining five being non-claimants. Other nations have joined as consultative members by conducting significant research in Antarctica. Non-consultative parties can also adhere to the treaty. In 1991–1992, the treaty was renegotiated by 33 nations, with the main change being the Madrid Protocol on Environmental Protection, which prohibited mining and oil exploration for 50 years.[13]
The positions of the United States, the Soviet Union, the United Kingdom, and New Zealand coincided in the establishment of an international administration for Antarctica, proposing that it should be within the framework of the United Nations. Australia and the United Kingdom expressed the need for inspections by observers, and the British also proposed the use of military personnel for logistical functions. Argentina proposed that all atomic explosions be banned in Antarctica, which caused a crisis that lasted until the last day of the conference, since the United States, along with other countries, intended to ban only those that were made without prior notice and without prior consultation. The support of the USSR and Chile for the Argentine proposal finally caused the United States to retract its opposition.
The signing of the treaty was the first arms control agreement that occurred in the framework of the Cold War, and the participating countries managed to avoid the internationalization of Antarctic sovereignty.
As of the year 2048, any of the consultative parties to the treaty may request the revision of the treaty and its entire normative system, with the approval of a relative majority.[14][15][16][17]
Other agreements
Disposal of waste by simply dumping it at the shoreline, as at the Russian Bellingshausen Station on King George Island, is no longer permitted by the Protocol on Environmental Protection.
Other agreements – some 200 recommendations adopted at treaty consultative meetings and ratified by governments – include:
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. A sixth annex on liability arising from environmental emergencies was adopted in 2005, but is yet to enter into force.
Bilateral treaties
Exchange of Notes constituting an Agreement between the Governments of Australia, New Zealand and the United Kingdom of Great Britain and Northern Ireland, and the Government of the French Republic, regarding Aerial Navigation in the Antarctic (Paris, 25 October 1938)[19]
Treaty Between the Government of Australia and the Government of the French Republic on Cooperation in the Maritime Areas Adjacent to the French Southern and Antarctic Territories (TAAF), Heard Island and the McDonald Islands (Canberra, 24 November 2003)[20]
Agreement on Cooperative Enforcement of Fisheries Laws between the Government of Australia and the Government of the French Republic in the Maritime Areas Adjacent to the French Southern and Antarctic Territories, Heard Island and the McDonald Islands (Paris, 8 January 2007)[21]
Meetings
The Antarctic Treaty System's yearly Antarctic Treaty Consultative Meetings (ATCM) are the international forum for the administration and management of the region. Only 29 of the 58 parties to the agreements have the right to participate in decision-making at these meetings, though the other 29 are still allowed to attend. The decision-making participants are the Consultative Parties and, in addition to the 12 original signatories, including 17 countries that have demonstrated their interest in Antarctica by carrying out substantial scientific activity there.[22] The Antarctic Treaty also has Special Antarctic Treaty Consultative Meetings (SATCM), which are generally summoned to treat more important topics but are less frequents and Meetings of Experts.[23]
Parties
As of 2024, there are 58 states party to the treaty,[2] 29 of which, including all 12 original signatories to the treaty, have consultative (voting) status.[24] The consultative members include the 7 countries that claim portions of Antarctica as their territory. The 51 non-claimant countries do not recognize the claims of others. 42 parties to the Antarctic Treaty have also ratified the "Protocol on Environmental Protection to the Antarctic Treaty".[25]
The Antarctic Treaty Secretariat was established in Buenos Aires, Argentina in September 2004 by the Antarctic Treaty Consultative Meeting (ATCM). Jan Huber (the Netherlands) served as the first Executive Secretary for five years until 31 August 2009. He was succeeded on 1 September 2009, by Manfred Reinke (Germany). Reinke was succeeded by Albert Lluberas (Uruguay), who was elected in June 2017 at the 40th Antarctic Consultative Treaty Meeting in Beijing, China.
The tasks of the Antarctic Treaty Secretariat can be divided into the following areas:
Supporting the annual Antarctic Treaty Consultative Meeting (ATCM) and the meeting of the Committee for Environmental Protection (CEP).
Facilitating the exchange of information between the Parties required in the Treaty and the Environment Protocol.
Collecting, storing, arranging and publishing the documents of the ATCM.
Providing and disseminating public information about the Antarctic Treaty system and Antarctic activities.
Legal system
Antarctica currently has no permanent population and therefore it has no citizenship nor government. Personnel present on Antarctica at any time are always citizens or nationals of some sovereignty outside Antarctica, as there is no Antarctic sovereignty. The majority of Antarctica is claimed by one or more countries, but most countries do not explicitly recognize those claims. The area on the mainland between 90 degrees west and 150 degrees west is the only major land on Earth not claimed by any country.[37] Until 2015 the interior of the Norwegian Sector, the extent of which had never been officially defined,[38] was considered to be unclaimed. That year, Norway formally laid claim to the area between its Queen Maud Land and the South Pole.[39]
Governments that are party to the Antarctic Treaty and its Protocol on Environmental Protection implement the articles of these agreements, and decisions taken under them, through national laws. These laws generally apply only to their own citizens, wherever they are in Antarctica, and serve to enforce the consensus decisions of the consultative parties: about which activities are acceptable, which areas require permits to enter, what processes of environmental impact assessment must precede activities, and so on. The Antarctic Treaty is often considered to represent an example of the common heritage of mankind principle.[40]
Australia
This 1959 cover commemorated the opening of the Wilkes post office in the Australian Antarctic Territory.
Since the designation of the Australian Antarctic Territory pre-dated the signing of the Antarctic Treaty, Australian laws that relate to Antarctica date from more than two decades before the Antarctic Treaty era. In terms of criminal law, the laws that apply to the Jervis Bay Territory (which follows the laws of the Australian Capital Territory) apply to the Australian Antarctic Territory. Key Australian legislation applying Antarctic Treaty System decisions include the Antarctic Treaty Act 1960, the Antarctic Treaty (Environment Protection) Act 1980 and the Antarctic Marine Living Resources Conservation Act 1981.[41]
United States
The law of the United States, including certain criminal offences 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.[42]
Some U.S. laws directly apply to Antarctica. For example, the Antarctic Conservation Act, Public Law 95-541, 16 U.S.C.§ 2401et seq., provides civil and criminal penalties for the following activities, unless authorized by regulation or statute:
the taking of native Antarctic mammals or birds
the introduction into Antarctica of non-indigenous plants and animals
entry into specially protected or scientific areas
the discharge or disposal of pollutants into Antarctica or Antarctic waters
the importation into the U.S. of certain items from Antarctica
In 2006, the New Zealand police reported that jurisdictional issues prevented them issuing warrants for potential American witnesses who were reluctant to testify during the Christchurch Coroner's investigation into the death by poisoning of Australian astrophysicist Rodney Marks at the South Pole base in May 2000.[43][44] Dr. Marks died while wintering over at the United States' Amundsen–Scott South Pole Station located at the geographic South Pole. Prior to autopsy, the death was attributed to natural causes by the National Science Foundation and the contractor administering the base. However, an autopsy in New Zealand revealed that Dr. Marks died from methanol poisoning. The New Zealand Police launched an investigation. In 2006, frustrated by lack of progress, the Christchurch Coroner said that it was unlikely that Dr. Marks ingested the methanol knowingly, although there is no certainty that he died as the direct result of the act of another person. During media interviews, the police detective in charge of the investigation criticized the National Science Foundation and contractor Raytheon for failing to cooperate with the investigation.[45][46][47]
South Africa
Under the South African Citizens in Antarctica Act, 1962, South African law applies to all South African citizens in Antarctica, and they are subject to the jurisdiction of the magistrate's court in Cape Town.[48] The Antarctic Treaties Act, 1996 incorporates the Antarctic Treaty and related agreements into South African law. In regard to violations of these treaties, South Africa also asserts jurisdiction over South African residents and members of expeditions organised in South Africa.[49]
^ abcAntarctic Treaty System: An Assessment: Proceedings of a Workshop Held at Beardmore South Field Camp, Antarctica, 7–13 January 1985. Washington, D.C.: National Academy Press. 1986. ISBN0-585-26158-X. OCLC45730572.
^Orrego Vicuna, Francisco (1986). "Antarctic Conflict and International Cooperation". Antarctic Treaty System: An Assessment: Proceedings of a Workshop Held at Beardmore South Field Camp, Antarctica, 7–13 January 1985. Washington: National Academy Press. p. 55. ISBN978-0-309-03640-5.
^Johnstone, Rachael Lorna; Jabour, Julia; Tamm, Sune (8 December 2018). "Iceland's Accession to the Antarctic Treaty". The Yearbook of Polar Law Online. 9 (1): 262–281. doi:10.1163/22116427_009010012. ISSN2211-6427. S2CID159373678.
^Rapp, Ole Magnus (21 September 2015). "Norge utvider Dronning Maud Land helt frem til Sydpolen". Aftenposten (in Norwegian). Oslo, Norway. Retrieved 22 September 2015. …formålet med anneksjonen var å legge under seg det landet som til nå ligger herreløst og som ingen andre enn nordmenn har kartlagt og gransket. Norske myndigheter har derfor ikke motsatt seg at noen tolker det norske kravet slik at det går helt opp til og inkluderer polpunktet.
^Jennifer Frakes, The Common Heritage of Mankind Principle and the Deep Seabed, Outer Space, and Antarctica: Will Developed and Developing Nations Reach a Compromise? Wisconsin International Law Journal. 2003; 21:409
