The Full Wiki

Antarctic Treaty System: Wikis

Advertisements
  
  

Note: Many of our articles have direct quotes from sources you can cite, within the Wikipedia article! This article doesn't yet, but we're working on it! See more info or our list of citable articles.

Encyclopedia

From Wikipedia, the free encyclopedia

The Antarctic Treaty
Antarctica, territorial claims.svg
Signed
Location
December 1, 1959
Washington D. C., USA
Effective
Condition
June 23, 1961
12 ratifications
Expiration 2041
Parties 12 original signatories

The Antarctic Treaty and related agreements, collectively called the 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 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 are located in Buenos Aires, Argentina, since September 2004[1].

Contents

The Antarctic Treaty System

International Ownership Treaties
Antarctic Treaty System
Law of the Sea
Outer Space Treaty
Moon Treaty
International waters
Extraterrestrial real estate
Advertisements

The Main Antarctic Treaty

The main treaty was opened for signature on December 1, 1959, and officially entered into force on June 23, 1961.[2] The original signatories were the 12 countries active in Antarctica during the International Geophysical Year (IGY) of 1957–58 and willing to accept a US invitation to the conference at which the treaty was negotiated. The twelve countries had significant interests in Antarctica at the time: 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 Antarctic 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 – 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 – 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 – 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 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 Bellingshausen base 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:

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 Sort none.gif icon.

Country[4] Original signatory Consultative Acceding
Argentina Argentina Argentine Antarctica (claim)* June 23, 1961
Australia Australia (claim) June 23, 1961
Austria Austria August 25, 1987
Belarus Belarus December 27, 2006
Belgium Belgium July 26, 1960
Brazil Brazil September 12, 1983 May 16, 1975
Bulgaria Bulgaria May 25, 1998 September 11, 1978
Canada Canada May 4, 1988
Chile Chile Antártica Chilena Province (claim)* June 23, 1961
People's Republic of China China October 7, 1985 June 8, 1983
Colombia Colombia January 31, 1989
Cuba Cuba August 16, 1984
Czech Republic Czech Republic (as Czechoslovakia Czechoslovakia) June 14, 1962
Denmark Denmark May 20, 1965
Ecuador Ecuador November 19, 1990 September 15, 1987
Estonia Estonia May 17, 2001
Finland Finland October 9, 1989 May 15, 1984
France France French Southern and Antarctic Lands (claim) September 16, 1960
Germany Germany (claim) (rests since 1945)
East Germany East Germany
March 3, 1981
October 5, 1987
February 5, 1979
November 19, 1974
Greece Greece January 8, 1987
Guatemala Guatemala July 31, 1991
Hungary Hungary January 27, 1984
India India September 12, 1983 August 19, 1983
Italy Italy October 5, 1987 March 18, 1981
Japan Japan August 4, 1960
Monaco Monaco May 30, 2008
Netherlands Netherlands November 19, 1990 March 30, 1967
New Zealand New Zealand (claim) November 1, 1960
North Korea North Korea January 21, 1987
Norway Norway (claim) August 24, 1960
Papua New Guinea Papua New Guinea March 16, 1981
Peru Peru October 9, 1989 April 10, 1981
Poland Poland July 29, 1977 June 8, 1961
Romania Romania September 15, 1971
Russia Russia (as Soviet Union Soviet Union)** November 2, 1960
Slovakia Slovakia (as Czechoslovakia Czechoslovakia) June 14, 1962
South Africa South Africa June 21, 1960
South Korea South Korea October 9, 1989 November 28, 1986
Spain Spain September 21, 1988 March 31, 1982
Sweden Sweden September 21, 1988 March 24, 1984
Switzerland Switzerland November 15, 1990
Turkey Turkey January 25, 1996
Ukraine Ukraine May 27, 2004 October 28, 1992
United Kingdom United Kingdom British Antarctic Territory (claim)* May 31, 1960
United States United States** August 18, 1960
Uruguay Uruguay October 7, 1985 January 11, 1980
Venezuela 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 5 years until August 31, 2009. He was succeeded on September 1, 2009 by Mr. Manfred Reinke (Germany), appointed for a 4 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 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.

There are 46 countries that own bases in Antarctica.

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.[5]

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.[6]

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, 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.[7]

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.[8]

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 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.

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.

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 poisoning death of Rodney Marks at the South Pole base in May 2000.[9][10] 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.[11][12][13]

See also

Notes

  1. ^ [ http://www.ats.aq/index_e.htm]
  2. ^ 28, 2005.3597747204/?searchterm=treaty "Information about the Antarctic Treaty and how Antarctica is governed.". 70South. December 28, 2005. http://www.70south.com/resources/plonearticle.December 28, 2005.3597747204/?searchterm=treaty. Retrieved June 3, 2007. 
  3. ^ Antarctic Treaty Secretariat
  4. ^ "Secretariat of the Antarctic Treaty: Parties". http://www.ats.aq/devAS/ats_parties.aspx?lang=e. Retrieved May 23, 2009. 
  5. ^ Wright, Minturn, "The Ownership of Antarctica, Its Living and Mineral Resources", Journal of Law and the Environment 4 (1987).
  6. ^ Jennifer Frakes, The Common Heritage of Mankind Principle and the Deep Seabed, Outer Space, and Antarctica: Will Developed and Developing Nations Reach a Compromise? Wisconscin International Law Journal. 2003; 21:409
  7. ^ Australian Antarctic Division – Australian environmental law and guidelines
  8. ^ Marshals and Antarctica
  9. ^ Hotere, Andrea. "South Pole death file still open". Sunday Star Times, December 17, 2006. Retrieved on December 19, 2006.
  10. ^ Deutsche Presse-Agentur. "Death of Australian astrophysicist an Antarctic whodunnit". Monstersandcritics.com, December 14, 2006. Retrieved on December 19, 2006.
  11. ^ Chapman, Paul. "New Zealand Probes What May Be First South Pole Murder". The Daily Telegraph, (December 14, 2006), reprinted in The New York Sun (December 19, 2006). Retrieved on December 19, 2006.
  12. ^ Booker, Jarrod. "South Pole scientist may have been poisoned". The New Zealand Herald, (December 14, 2006). Retrieved on December 19, 2006.
  13. ^ "South Pole Death Mystery – Who killed Rodney Marks?" Sunday Star Times (January 21, 2007)

External links


Simple English

The Antarctic Treaty System is a set of agreements about the continent of Antarctica. It was signed in 1959 and took effect in 1961. So far, it has been signed by 48 countries.[1]

The main idea of the Antarctic Treaty System (ATS) is to make sure that:

  • Antarctica is used peacefully and taken care of.
  • Antarctica is not exploited or used for animal hunting.
  • Antarctica is not involved with military use unless for peaceful purposes.
  • Antarctica is not owned by one group.
  • Antarctica is not ruled by any country and/or continent.
  • Antarctica is not used for violence e.g testing nuclear missiles.

The ATS is used for governing the continent.

References

  1. "ATS - The Antarctic Treaty". ats.aq. http://www.ats.aq/e/ats_treaty.htm. Retrieved November 29, 2010. 



Advertisements






Got something to say? Make a comment.
Your name
Your email address
Message