You are on page 1of 9

19.01.

2011 Antarctic Treaty System - Wikipedia, the…

Antarctic Treaty System


From Wikipedia, the free encyclopedia

The Antarctic Treaty and related agreements, collectively called the The Antarctic Treaty
Antarctic Treaty System or ATS, regulate international relations with
respect to Antarctica, Earth's only continent without a native human
population. For the purposes of the treaty system, Antarctica is defined
as all of the land and ice shelves south of 60°S latitude. The treaty,
entering into force in 1961 and eventually signed by 47 countries, sets
aside Antarctica as a scientific preserve, establishes freedom of scientific
investigation and bans military activity on that continent. The treaty was
the first arms control agreement established during the Cold War. The
Antarctic Treaty Secretariat headquarters have been located in Buenos
Aires, Argentina, since September 2004.[1]
Signed December 1, 1959
Location Washington D. C., USA

Contents Effective June 23, 1961


Condition 12 ratifications
1 The Antarctic Treaty System Parties 12 original signatories
1.1 Articles of the Antarctic Treaty
1.2 Other agreements
2 Meetings
3 Members
4 Antarctic Treaty Secretariat
5 Legal system
5.1 Argentina
5.2 Australia
5.3 United States
5.4 New Zealand
6 See also
7 Notes
8 External links

The Antarctic Treaty System


The main treaty was opened for signature on December 1, 1959, and officially entered International
into force on June 23, 1961.[2] The original signatories were the 12 countries active in Ownership Treaties
Antarctica during the International Geophysical Year (IGY) of 1957–58 and willing to Antarctic Treaty
accept a US invitation to the conference at which the treaty was negotiated. The twelve System
countries had significant interests in Antarctica at the time: Argentina, Australia, Belgium,
Chile, France, Japan, New Zealand, Norway, South Africa, the Soviet Union, the Law of the Sea
United Kingdom and the United States. These countries had established over 50 Outer Space Treaty
Antarctic stations for the IGY. The treaty was a diplomatic expression of the operational Moon Treaty
…wikipedia.org/…/Antarctic_Treaty_Syst… 1/9
19.01.2011 Antarctic Treaty System - Wikipedia, the…
and scientific cooperation that had been achieved "on the ice". International waters
Extraterrestrial real
Articles of the Antarctic Treaty estate

Article 1 – The 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 investigations and cooperation shall continue;
Article 3 – Free exchange of information and personnel in cooperation with the United Nations and other
international agencies;
Article 4 – The treaty does not recognize, dispute, nor establish territorial sovereignty claims; no new claims
shall be asserted while the treaty is in force;
Article 5 – The treaty prohibits nuclear explosions or disposal of radioactive wastes;
Article 6 – Includes under the treaty all land and ice shelves but not the surrounding waters 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 – All treaty states will discourage activities by any country in Antarctica that are contrary to the
treaty;
Article 11 – All 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 humankind 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.

Other agreements

This 1959 cover commemorated the opening of the


Wilkes post office in the Australian Antarctic
Territory. Disposal of waste by simply dumping it at the
shoreline such as here at the Russian
Other agreements — some 200 recommendations adopted Bellingshausen base is no longer permitted by the
…wikipedia.org/…/Antarctic_Treaty_Syst… 2/9
19.01.2011 Antarctic Treaty System - Wikipedia, the…
at treaty consultative meetings and ratified by Protocol on Environmental Protection
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 October 4, 1991 and entered
into force January 14, 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.

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 28 of the 46 parties to the agreements have the
right to participate in decision-making at these meetings, though the other 18 are still allowed to attend. The
decision-making participants are the Consultative Parties and, in addition to the 12 original signatories, include 16
countries that have demonstrated their interest in Antarctica by carrying out substantial scientific activity there.[3]

Members

signatory, consulting, territorial claim


signatory, consulting, reserved right for territorial claim
signatory, consulting
signatory, acceding status
non-signatory

Note: The table can be sorted alphabetically or chronologically using the icon.

…wikipedia.org/…/Antarctic_Treaty_Syst… 3/9
19.01.2011 Antarctic Treaty System - Wikipedia, the…

Country[4] Original signatory Consultative Acceding


Argentina (claim)* June 23, 1961
Australia (claim) June 23, 1961
Austria August 25, 1987
Belarus December 27, 2006
Belgium July 26, 1960
Brazil September 12, 1983 May 16, 1975
Bulgaria May 25, 1998 September 11, 1978
Canada May 4, 1988
Chile (claim)* June 23, 1961
China October 7, 1985 June 8, 1983
Colombia January 31, 1989
Cuba August 16, 1984
Czech Republic (as
June 14, 1962
Czechoslovakia)
Denmark May 20, 1965
Ecuador November 19, 1990 September 15, 1987
Estonia May 17, 2001
Finland October 9, 1989 May 15, 1984
France (claim) September 16, 1960
Germany (claim) (rests
March 3, 1981 February 5, 1979
since 1945)
October 5, 1987 November 19, 1974
East Germany
Greece January 8, 1987
Guatemala July 31, 1991
Hungary January 27, 1984
India September 12, 1983 August 19, 1983
Italy October 5, 1987 March 18, 1981
Japan August 4, 1960

Monaco May 30, 2008


Netherlands November 19, 1990 March 30, 1967
New Zealand (claim) November 1, 1960
North Korea January 21, 1987
…wikipedia.org/…/Antarctic_Treaty_Syst… 4/9
19.01.2011 Antarctic Treaty System - Wikipedia, the…

Norway (claim) August 24, 1960


Papua New Guinea March 16, 1981
Peru October 9, 1989 April 10, 1981
Poland July 29, 1977 June 8, 1961
Romania September 15, 1971
Russia (as Soviet
November 2, 1960
Union)**
Slovakia (as
June 14, 1962
Czechoslovakia)
South Africa[5] June 21, 1960
South Korea October 9, 1989 November 28, 1986
Spain September 21, 1988 March 31, 1982
Sweden September 21, 1988 March 24, 1984

Switzerland November 15, 1990

Turkey January 25, 1996


Ukraine May 27, 2004 October 28, 1992
United Kingdom
May 31, 1960
(claim)*
United States** August 18, 1960
Uruguay October 7, 1985 January 11, 1980
Venezuela May 24, 1999

* Claims overlap.
** Reserved the right to claim areas.

Currently, there are 46 treaty member nations: 28 consultative and 18 acceding. Consultative (voting) members
include the seven nations that claim portions of Antarctica as national territory. The 21 non-claimant nations either
do not recognize the claims of others, or have not stated their positions.

Antarctic Treaty Secretariat


The Antarctic Treaty Secretariat was established in Buenos Aires, Argentina in September 2004 by the Antarctic
Treaty Consultative Meeting (ATCM). Mr. Jan Huber (from the Netherlands) served as the first Executive
Secretary for five years until August 31, 2009. He was succeeded on September 1, 2009 by Mr. Manfred Reinke
(Germany), appointed for a four-year term.

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
…wikipedia.org/…/Antarctic_Treaty_Syst… 5/9
19.01.2011 Antarctic Treaty System - Wikipedia, the…
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 has no permanent population and hence no citizenship or government. All personnel present on
Antarctica at any time are citizens or nationals of some sovereignty outside of 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, combined with
the interior of the Norwegian Sector (the extent of which has never been officially defined)[citation needed], is the
only major land on Earth not claimed by any country.[6]

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.[7]

Argentina

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 and UK, the person to be judged can ask to be transferred
there.[citation needed]

Australia

Since the designation of the Australian Antarctic Territory pre-dated the signing of the Antarctic Treaty, some of the
complex suite of 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.[8]

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.[citation needed] To this end, the United States now stations
special deputy U.S. Marshals in Antarctica to provide a law enforcement presence.[9]

Some U.S. laws directly apply to Antarctica. For example, the Antarctic Conservation Act, Public Law 95-541 ,
16 U.S.C. § 2401 (http://www.law.cornell.edu/uscode/16/2401.html) et seq., provides civil and criminal penalties

…wikipedia.org/…/Antarctic_Treaty_Syst… 6/9
19.01.2011 Antarctic Treaty System - Wikipedia, the…
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

Violation of the Antarctic Conservation Act carries penalties of up to US$10,000 in fines and one year in prison.
The Departments of the Treasury, Commerce, Transportation, and the Interior share enforcement
responsibilities.[citation needed] The Act 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.[citation needed] Further information is provided by the Office of Polar Programs of the
National Science Foundation.[citation needed]

New Zealand

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.[10][11] 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 co-
operate with the investigation.[12][13][14]

See also
Map of research stations and territorial claims in Antarctica (2002)
Antarctic and Southern Ocean Coalition (ASOC)
Multilateral treaty
Arctic Council
Continental organizations

Notes
1. ^ [1] (http://www.ats.aq/index_e.htm)
2. ^ 28, 2005.397747204/?searchterm=treaty "Information about the Antarctic Treaty and how Antarctica is
governed." (http://www.70south.com/resources/plonearticle.December) . 70South. December 28, 2005.
http://www.70south.com/resources/plonearticle.December 28, 2005.397747204/?searchterm=treaty. Retrieved
June 3, 2007.
3. ^ Antarctic Treaty Secretariat (http://www.ats.aq/)
4. ^ "Secretariat of the Antarctic Treaty: Parties" (http://www.ats.aq/devAS/ats_parties.aspx?lang=e) .
http://www.ats.aq/devAS/ats_parties.aspx?lang=e. Retrieved May 23, 2009.
…wikipedia.org/…/Antarctic_Treaty_Syst… 7/9
19.01.2011 Antarctic Treaty System - Wikipedia, the…
5. ^ "Antarctic Treaty System (ATS)" (http://www.dfa.gov.za/foreign/Multilateral/inter/ats.htm) . Department of
International Relations and Cooperation. http://www.dfa.gov.za/foreign/Multilateral/inter/ats.htm. Retrieved 5
October 2010.
6. ^ Wright, Minturn, "The Ownership of Antarctica, Its Living and Mineral Resources", Journal of Law and the
Environment 4 (1987).
7. ^ 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
8. ^ Australian Antarctic Division – Australian environmental law and guidelines (http://www.aad.gov.au/default.asp?
casid=3358)
9. ^ Marshals and Antarctica (http://www.usmarshals.gov/history/antarctica/)
10. ^ Hotere, Andrea. "South Pole death file still open".
(http://www.stuff.co.nz/stuff/sundaystartimes/3902305a6442.html) Sunday Star Times, December 17, 2006.
Retrieved on December 19, 2006.
11. ^ Deutsche Presse-Agentur. "Death of Australian astrophysicist an Antarctic whodunnit".
(http://news.monstersandcritics.com/asiapacific/news/printer_1233162.php) Monstersandcritics.com, December
14, 2006. Retrieved on December 19, 2006.
12. ^ Chapman, Paul. "New Zealand Probes What May Be First South Pole Murder".
(http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2006/12/14/wpole14.xml) The Daily Telegraph,
(December 14, 2006), reprinted in The New York Sun (http://www.nysun.com/article/45132) (December 19,
2006). Retrieved on December 19, 2006.
13. ^ Booker, Jarrod. "South Pole scientist may have been poisoned". (http://www.nzherald.co.nz/section/1/story.cfm?
c_id=1&objectid=10415310&ref=rss) The New Zealand Herald, (December 14, 2006). Retrieved on December 19,
2006.
14. ^ "South Pole Death Mystery – Who killed Rodney Marks?" (http://www.stuff.co.nz/3935255a11.html) Sunday
Star Times (January 21, 2007)

External links
Antarctic Treaty Secretariat (http://www.ats.aq)
Full Text of the Antarctic Treaty (http://www.nsf.gov/od/opp/antarct/anttrty.jsp)
Australian Antarctic Territory (http://www.aad.gov.au)
28, 2005.3597747204/?searchterm=treaty 70South: Info on the Antarctic Treaty
(http://www.70south.com/resources/plonearticle.December)
National Science Foundation – Office of Polar Programs (http://www.nsf.gov/dir/index.jsp?org=OPP)
List of all Antarctic Treaty Consultative Meetings (http://www.ats.aq/devAS/ats_meetings.aspx?lang=e)
An Antarctic Solution for the Koreas
(http://www.signonsandiego.com/uniontrib/20050825/news_lz7e25koreas.html) San Diego Union-Tribune,
August 25, 2005 (Both South Korea and North Korea are members of the Antarctic Treaty)
Emblem of the Antarctic Treaty (http://www.ats.aq/devAS/info_measures_listitem.aspx?lang=e&id=289)

Retrieved from "http://en.wikipedia.org/wiki/Antarctic_Treaty_System"


Categories: Antarctica agreements | 1959 in Antarctica | 1961 in Antarctica | Antarctic territorial claims | Cold War
treaties | Arms control treaties | Treaties concluded in 1959 | Treaties entered into force in 1961 | Treaties
establishing nuclear-weapon-free zones | Treaties of Argentina | Treaties of Australia | Treaties of the Second
Austrian Republic | Treaties of Belarus | Treaties of Belgium | Treaties of Brazil | Treaties of the People's Republic
of Bulgaria | Treaties of Canada | Treaties of Chile | Treaties of the People's Republic of China | Treaties of
Colombia | Treaties of Cuba | Treaties of the Czech Republic | Treaties of Czechoslovakia | Treaties of Denmark |
Treaties of Ecuador | Treaties of Estonia | Treaties of Finland | Treaties of the French Fifth Republic | Treaties of
West Germany | Treaties of East Germany | Treaties of Guatemala | Treaties of the People's Republic of Hungary |
…wikipedia.org/…/Antarctic_Treaty_Syst… 8/9
19.01.2011 Antarctic Treaty System - Wikipedia, the…
Treaties of the Republic of India | Treaties of the Italian Republic | Treaties of Japan | Treaties of Monaco | Treaties
of the Kingdom of the Netherlands | Treaties of New Zealand | Treaties of North Korea | Treaties of Norway |
Treaties of Papua New Guinea | Treaties of Peru | Treaties of the People's Republic of Poland | Treaties of the
Socialist Republic of Romania | Treaties of the Russian Federation | Treaties of Slovakia | Treaties of the Union of
South Africa | Treaties of South Korea | Treaties of the Soviet Union | Treaties of the Kingdom of Spain (1975–) |
Treaties of Sweden | Treaties of the Swiss Confederation | Treaties of Turkey | Treaties of Ukraine | Treaties of the
United Kingdom | Treaties of the United States | Treaties of Uruguay | Treaties of Venezuela

This page was last modified on 7 January 2011 at 20:19.


Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply.
See Terms of Use for details.
Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.

…wikipedia.org/…/Antarctic_Treaty_Syst… 9/9

You might also like