Antarctic Treaty System

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. 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 entered into force in 1961 and currently has 53 parties. The treaty sets aside Antarctica as a scientific preserve, establishes freedom of scientific investigation and bans military activity on the continent. The treaty was the first arms control agreement established during the Cold War. Since September 2004, the Antarctic Treaty Secretariat headquarters has been located in Buenos Aires, Argentina.

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 (IGY) of 1957–58. The twelve countries that had significant interests in Antarctica at the time were: Argentina, Australia, Belgium, Chile, France, Japan, New Zealand, Norway, South Africa, the Soviet Union, the United Kingdom and the United States. These countries had established over 50 research stations for the IGY. The treaty was a diplomatic expression of the operational and scientific cooperation that had been achieved "on the ice".

Articles of the Antarctic Treaty

• Article 1 – The area is 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 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 good 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. Pursuant to Article 1, the treaty forbids any measures of a military nature, but not the presence of military personnel or equipment for the purposes of scientific research.

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 (1982)
• The Convention on the Regulation of Antarctic Mineral Resource Activities (1988) (signed in 1988, not in 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.

Bilateral treaties

• Exchange of Notes constituting an Agreement between the Governments of Australia, New Zealand and the United Kingdom of the Great Britain and Northern Ireland, and the Government of the French Republic, regarding Aerial Navigation in the Antarctic (Paris, 25 October 1938)
• 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).
• 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).

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 53 parties to the agreements have the right to participate in decision-making at these meetings, though the other 24 are still allowed to attend. The decision-making participants are the Consultative Parties and, in addition to the 12 original signatories, include 17 countries that have demonstrated their interest in Antarctica by carrying out substantial scientific activity there.

Parties

As of 2015, there are 53 states party to the treaty, 29 of which, including all 12 original signatories to the treaty, have consultative (voting) status. Consultative members include the seven nations that claim portions of Antarctica as national territory. The 46 non-claimant nations either do not recognize the claims of others, or have not stated their positions.

- Credit: Wikipedia