The
Antarctic Treaty and related agreements, collectively called the
Antarctic Treaty System or
ATS, regulate
international relationsInternational relations or International studies represents the study of foreign affairs and global issues among states within the international system, including the roles of states, inter-governmental organizations , non-governmental organizations , and multinational corporations...
with respect to
Antarctica| style="border-top:solid 1px #ccd2d9; padding:0.4em 1em 0.4em 0; vertical-align:top;" | 14,000,000 km
2 280,000 km
2 13,720,000 km
2 |-! style="border-top: solid 1px #ccd2d9; padding: 0.4em 1em 0.4em 0; vertical-align: top;...
,
EarthEarth is the third planet from the Sun. It is the fifth largest of the eight planets in the solar system, and the largest of the terrestrial planets in the Solar System in terms of diameter, mass and density...
's only
continentA continent is one of several large landmasses on Earth. They are generally identified by convention rather than any strict criterion, with seven regions commonly regarded as continents – they are : Asia, Africa, North America, South America, Antarctica, Europe, and Australia.Plate tectonics is...
without a native human population. For the purposes of the
treatyA treaty is an agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as: agreement, protocol, covenant, convention, exchange of letters, etc...
system, Antarctica is defined as all land and
ice shelvesAn ice shelf is a thick, floating platform of ice that forms where a glacier or ice sheet flows down to a coastline and onto the ocean surface. Ice shelves are found in Antarctica, Greenland and Canada only. The boundary between the floating ice shelf and the grounded ice that feeds it is called...
south of
60°S latitudeThe 60th parallel south is a circle of latitude that is 60 degrees south of the Earth's equatorial plane. The latitudes below this parallel are often referred to as the Screaming 60's due to the prevailing, high-speed, westerly winds which can generate large waves in excess of 50 feet and peak wind...
. The treaty has now been signed by 47 countries, and set aside Antarctica as a scientific preserve, established freedom of scientific investigation and banned
military activity on that continentAs Antarctica has never been permanently settled by humans, there has historically been little military activity in the Antarctic. While the Antarctic Treaty, which came into effect on June 23, 1961, bans military activity in Antarctica, military personnel and equipment may be used for scientific...
.
The
Antarctic Treaty and related agreements, collectively called the
Antarctic Treaty System or
ATS, regulate
international relationsInternational relations or International studies represents the study of foreign affairs and global issues among states within the international system, including the roles of states, inter-governmental organizations , non-governmental organizations , and multinational corporations...
with respect to
Antarctica| style="border-top:solid 1px #ccd2d9; padding:0.4em 1em 0.4em 0; vertical-align:top;" | 14,000,000 km
2 280,000 km
2 13,720,000 km
2 |-! style="border-top: solid 1px #ccd2d9; padding: 0.4em 1em 0.4em 0; vertical-align: top;...
,
EarthEarth is the third planet from the Sun. It is the fifth largest of the eight planets in the solar system, and the largest of the terrestrial planets in the Solar System in terms of diameter, mass and density...
's only
continentA continent is one of several large landmasses on Earth. They are generally identified by convention rather than any strict criterion, with seven regions commonly regarded as continents – they are : Asia, Africa, North America, South America, Antarctica, Europe, and Australia.Plate tectonics is...
without a native human population. For the purposes of the
treatyA treaty is an agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as: agreement, protocol, covenant, convention, exchange of letters, etc...
system, Antarctica is defined as all land and
ice shelvesAn ice shelf is a thick, floating platform of ice that forms where a glacier or ice sheet flows down to a coastline and onto the ocean surface. Ice shelves are found in Antarctica, Greenland and Canada only. The boundary between the floating ice shelf and the grounded ice that feeds it is called...
south of
60°S latitudeThe 60th parallel south is a circle of latitude that is 60 degrees south of the Earth's equatorial plane. The latitudes below this parallel are often referred to as the Screaming 60's due to the prevailing, high-speed, westerly winds which can generate large waves in excess of 50 feet and peak wind...
. The treaty has now been signed by 47 countries, and set aside Antarctica as a scientific preserve, established freedom of scientific investigation and banned
military activity on that continentAs Antarctica has never been permanently settled by humans, there has historically been little military activity in the Antarctic. While the Antarctic Treaty, which came into effect on June 23, 1961, bans military activity in Antarctica, military personnel and equipment may be used for scientific...
. This was the first
arms controlArms control is an umbrella term for restrictions upon the development, production, stockpiling, proliferation, and usage of weapons, especially weapons of mass destruction...
agreement established during the
Cold WarThe Cold War was the continuing state of political conflict, military tension, and economic competition existing after World War II , primarily between the USSR and its satellite states, and the powers of the Western world, including the United States...
.
The Antarctic Treaty System
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 YearThe International Geophysical Year was an international scientific effort that lasted from July 1, 1957, to December 31, 1958.The IGY encompassed eleven Earth sciences: aurora and airglow, cosmic rays, geomagnetism, gravity, ionospheric physics, longitude and latitude determinations , meteorology,...
(IGY) of 1957-58 and willing to accept a US invitation to the conference at which the treaty was negotiated. These countries were the ones with significant interests in Antarctica at the time:
ArgentinaArgentina, officially the Argentine Republic , is the second largest country in South America, constituted as a federation of 23 provinces and an autonomous city, Buenos Aires. It is the eighth largest country in the world by land area and the largest among Spanish-speaking nations, though Mexico,...
,
AustraliaAustralia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the continental mainland , the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans...
,
BelgiumThe Kingdom of Belgium is a country in northwest Europe. It is a founding member of the European Union and hosts its headquarters, as well as those of other major international organizations, including NATO...
,
ChileChile, officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...
,
FranceFrance , officially the French Republic , is a country located in Western Europe, with several overseas islands and territories located on other continents. Metropolitan France extends from the Mediterranean Sea to the English Channel and the North Sea, and from the Rhine to the Atlantic Ocean...
,
Japanis an island country in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, People's Republic of China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
,
New ZealandNew Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses , and numerous smaller islands, most notably Stewart Island/Rakiura and the Chatham Islands. The indigenous Māori named New Zealand Aotearoa, commonly translated as The Land of the Long White Cloud...
,
NorwayNorway , officially the Kingdom of Norway, is a country in Northern Europe occupying the western portion of the Scandinavian Peninsula, as well as Jan Mayen and the Arctic archipelago of Svalbard under the Spitsbergen Treaty...
,
South AfricaThe Republic of South Africa is a country located at the southern tip of Africa, with a coastline on the Atlantic and Indian Oceans. To the north lie Namibia, Botswana and Zimbabwe, to the east are Mozambique and Swaziland, while Lesotho is an independent country surrounded by South Africa.Modern...
, the
Soviet UnionThe Union of Soviet Socialist Republics was a constitutionally socialist state that existed in Eurasia from 1922 to 1991. The name is a translation of the , tr. Soyuz Sovetskikh Sotsialisticheskikh Respublik, abbreviated СССР, SSSR. The common short name is Soviet Union, from , Sovetskiy Soyuz...
, the
United KingdomThe United Kingdom of Great Britain and Northern Ireland is a sovereign state located off the northwestern coast of continental Europe. It is an island country, spanning an archipelago including Great Britain, the northeastern part of Ireland, and many small islands...
and the
United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
. Between them, the signatories 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
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and the achieving of world peace...
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
The 60th parallel south is a circle of latitude that is 60 degrees south of the Earth's equatorial plane. The latitudes below this parallel are often referred to as the Screaming 60's due to the prevailing, high-speed, westerly winds which can generate large waves in excess of 50 feet and peak wind...
;
- 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
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
;
- 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.
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
The Agreed Measures for the Conservation of Antarctic Fauna and Flora is part of the Antarctic Treaty System.Opened for signature - June 2 1964.Entered into force - November 1 1982....
(1964) (entered into force in 1982)
- The Convention for the Conservation of Antarctic Seals
The Convention for the Conservation of Antarctic Seals is part of the Antarctic Treaty System. It was signed at the conclusion of a multilateral conference in London on February 11, 1972...
(1972)
- The Convention for the Conservation of Antarctic Marine Living Resources
The Convention for the Conservation of Antarctic Marine Living Resources is part of the Antarctic Treaty System. The Convention is implemented by the Commission for the Conservation of Antarctic Marine Living Resources, headquartered in Tasmania, Australia.*...
(1980)
- The Convention on the Regulation of Antarctic Mineral Resource Activities
Convention on the Regulation of Antarctic Mineral Resource Activities June 1988 this Convention is a part of the Antarctic Treaty System, comprising the Antarctic Treaty System, the measures in effect under that Treaty, and its associated separate legal instruments, the prime purpose of which is to...
(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
The Protocol on Environmental Protection to the Antarctic Treaty, also known as the Antarctic-Environmental Protocol is part of the Antarctic Treaty System. It provides for comprehensive protection of the Antarctic environment and dependent and associated ecosystems.It opened for signature on...
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 assessmentAn environmental impact assessment is an assessment of the possible impact—positive or negative—that a proposed project may have on the environment, together consisting of the natural, social and economic aspects. The purpose of the assessment is to ensure that decision makers consider...
s, 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.
Members
Note: The table can be sorted alphabetically or chronologically using the icon.
| Country | | Original signatory | | Consultative | | Acceding |
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Argentina ArgentinaArgentina, officially the Argentine Republic , is the second largest country in South America, constituted as a federation of 23 provinces and an autonomous city, Buenos Aires. It is the eighth largest country in the world by land area and the largest among Spanish-speaking nations, though Mexico,...
Argentine Antarctica (claim)Argentine Antarctica is a sector of Antarctica claimed by Argentina as part of its national territory. The Argentine Antarctic region, consisting of the Antarctic Peninsula and a triangular section extending to the South Pole, is delimited by the 25° West and 74° West meridians and the 60° South...
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Australia AustraliaAustralia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the continental mainland , the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans...
(claim)The Australian Antarctic Territory is the part of Antarctica claimed by Australia and is the largest territory of Antarctica claimed by any nation. It consists of all the islands and territory south of 60° S and between 45° E and 160° E, except for Adélie Land , which divides the territory into...
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Austria AustriaAustria , officially the Republic of Austria , is a landlocked country of roughly 8.3 million people in Central Europe. It borders both Germany and the Czech Republic to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the west...
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Belarus BelarusBelarus is a landlocked country in Eastern Europe, bordered by Russia to the north and east, Ukraine to the south, Poland to the west, and Lithuania and Latvia to the north. Its capital is Minsk; other major cities include Brest, Grodno , Gomel , Mahilyow and Vitebsk...
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Belgium BelgiumThe Kingdom of Belgium is a country in northwest Europe. It is a founding member of the European Union and hosts its headquarters, as well as those of other major international organizations, including NATO...
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Brazil BrazilBrazil , officially the Federative Republic of Brazil , is a country in South America. It is the fifth largest country by geographical area, occupying nearly half of South America, the fifth most populous country, and the fourth most populous democracy in the world. Bounded by the Atlantic Ocean...
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Bulgaria BulgariaBulgaria , officially the Republic of Bulgaria , is a country in the Balkans in south-eastern Europe. Bulgaria borders five other countries: Romania to the north , Serbia and the Republic of Macedonia to the west, and Greece and Turkey to the south...
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Canada CanadaCanada is a country occupying most of northern North America, extending from the Atlantic Ocean in the east to the Pacific Ocean in the west and northward into the Arctic Ocean...
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Chile ChileChile, officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...
Antártica Chilena Province (claim)Antártica Chilena Province is one of four provinces in its southernmost region, Magallanes and Antártica Chilena Region. The capital is Puerto Williams. The province is nearly 1,250,000 km² in area, which makes it almost twice as large as all other provinces of Chile combined...
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PRC ChinaChina is a cultural region, an ancient civilization, and, depending on perspective, a national or multinational entity extending over a large area in East Asia....
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Colombia ColombiaColombia , officially the Republic of Colombia , is a constitutional republic in northwestern South America. Colombia is bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the northwest by Panama; and to the west by the Pacific Ocean...
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Cuba CubaThe Republic of Cuba is an island country in the Caribbean. It consists of the island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city. Cuba is home to over 11 million people and is...
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Czech Republic Czech RepublicThe Czech Republic is a country in Central Europe that is sometimes considered to be Eastern European. The country borders Poland to the northeast, Germany to the west and northwest, Austria to the south and Slovakia to the east. The capital and largest city is Prague...
(as Czechoslovakia CzechoslovakiaCzechoslovakia was a sovereign state in Central Europe which existed from October 1918, when it declared its independence from the Austro-Hungarian Empire, until 1992...
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Denmark DenmarkDenmark is a Scandinavian country in Northern Europe and the senior member of the Kingdom of Denmark. It is the southernmost of the Nordic countries; southwest of Sweden and south of Norway, and it is bordered to the south by Germany. Denmark borders both the Baltic and the North Sea...
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Ecuador EcuadorEcuador , officially the Republic of Ecuador , literally, "Republic of the equator") is a representative democratic republic in South America, bordered by Colombia on the north, Peru on the east and south, and by the Pacific Ocean to the west. It is one of only two countries in South America that...
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Estonia EstoniaEstonia , officially the Republic of Estonia , is a country in Northern Europe. It is bordered to the north by the Gulf of Finland, to the west by the Baltic Sea, to the south by Latvia , and to the east by the Russian Federation...
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Finland FinlandFinland , officially the Republic of Finland , is a Nordic country and democracy situated in the Fennoscandian region of northern Europe. It borders Sweden on the west, Russia on the east, and Norway on the north, while Estonia lies to its south across the Gulf of Finland...
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France FranceFrance , officially the French Republic , is a country located in Western Europe, with several overseas islands and territories located on other continents. Metropolitan France extends from the Mediterranean Sea to the English Channel and the North Sea, and from the Rhine to the Atlantic Ocean...
French Southern and Antarctic Lands (claim)Adélie Land is the portion of the Antarctic coast between 136° E and 142° E , with a shore length of 350 km and with its hinterland extending as a sector about 2,600 km toward the South Pole. It is one of five districts of the French Southern and Antarctic Lands...
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Germany GermanyGermany , officially the Federal Republic of Germany , is a country in Central Europe. It is bordered to the north by the North Sea, Denmark, and the Baltic Sea; to the east by Poland and the Czech Republic; to the south by Austria and Switzerland; and to the west by France, Luxembourg, Belgium,...
(claim) (rests since 1945)New Swabia is a section of the continent Antarctica between 20°E and 10°W , which was claimed by Germany in January 1939. It was named after the German region of Swabia...
East Germany East Germany |
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Greece GreeceGreece , officially the Hellenic Republic , is a country in southeastern Europe, situated on the southern end of the Balkan Peninsula....
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Guatemala GuatemalaGuatemala is a country in Central America bordered by Mexico to the north and west, the Pacific Ocean to the southwest, Belize to the northeast, the Caribbean to the east, and Honduras and El Salvador to the southeast. Its size is just under 110,000 km² with an estimated population...
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Hungary HungaryHungary , in English officially the Republic of Hungary , is a landlocked country in the Carpathian Basin of Central Europe, bordered by Austria, Slovakia, Ukraine, Romania, Serbia, Croatia, and Slovenia. Its capital is Budapest. Hungary is a member of OECD, NATO, EU, V4 and is a Schengen state...
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India IndiaIndia, officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the south, the Arabian Sea on the west, and the Bay of Bengal...
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Italy ItalyItaly , officially the Italian Republic , is a country located on the Italian Peninsula in Southern Europe and on the two largest islands in the Mediterranean Sea, Sicily and Sardinia. Italy shares its northern, Alpine boundary with France, Switzerland, Austria and Slovenia...
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Japan Japanis an island country in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, People's Republic of China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
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Monaco MonacoMonaco , officially the Principality of Monaco , is a small sovereign city-state located in South Western Europe on the northern central coast of the Mediterranean Sea, having a land border on three sides only with France, and being about away from Italy. Its size is just under 2 km² with an...
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Netherlands NetherlandsThe Netherlands is a country in Northwestern Europe, constituting the major portion of the Kingdom of the Netherlands. It is a parliamentary democratic constitutional monarchy. The Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east...
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New Zealand New ZealandNew Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses , and numerous smaller islands, most notably Stewart Island/Rakiura and the Chatham Islands. The indigenous Māori named New Zealand Aotearoa, commonly translated as The Land of the Long White Cloud...
(claim)The Ross Dependency comprises an area of Antarctica claimed by New Zealand. It is defined by a sector originating at the South Pole, passing along longitudes 160° east to 150° west, and terminating at latitude 60° south. It is nearly identical in size to Sweden and constitutes the bulk of the...
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North Korea North KoreaNorth Korea, officially the Democratic People's Republic of Korea , is a state in East Asia, occupying the northern half of the Korean Peninsula. Its capital and largest city is Pyongyang. The Korean Demilitarized Zone serves as the buffer area between North Korea and South Korea...
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Norway NorwayNorway , officially the Kingdom of Norway, is a country in Northern Europe occupying the western portion of the Scandinavian Peninsula, as well as Jan Mayen and the Arctic archipelago of Svalbard under the Spitsbergen Treaty...
(claim)Queen Maud Land is an English translation of Dronning Maud Land, the official name in use by Norwegian authorities and British Antarctic Survey on the part of Antarctica claimed by Norway as a dependent territory, on 14 January 1939. This claim, like all others in the Antarctic, is not universally...
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Papua New Guinea Papua New GuineaPapua New Guinea , officially the Independent State of Papua New Guinea, is a country in Oceania, occupying the eastern half of the island of New Guinea and numerous offshore islands...
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Peru PeruPeru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean.Peruvian territory was home to the Norte Chico...
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Poland PolandPoland , officially the Republic of Poland , is a country in Central Europe . Poland is bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...
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Romania RomaniaRomania is a country located in Southeastern and Central Europe, North of the Balkan Peninsula, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea. Almost all of the Danube Delta is located within its territory...
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Russia RussiaRussia , officially known as both Russia and the Russian Federation , is a country in northern Eurasia . It is a semi-presidential republic, comprising 83 federal subjects...
(as USSR Soviet UnionThe Union of Soviet Socialist Republics was a constitutionally socialist state that existed in Eurasia from 1922 to 1991. The name is a translation of the , tr. Soyuz Sovetskikh Sotsialisticheskikh Respublik, abbreviated СССР, SSSR. The common short name is Soviet Union, from , Sovetskiy Soyuz...
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Slovakia SlovakiaThe Slovak Republic is a landlocked country in Eastern Europe with a population of over five million and an area of about . Slovakia borders the Czech Republic and Austria to the west, Poland to the north, Ukraine to the east and Hungary to the south. The largest city is its capital, Bratislava...
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RSA South AfricaThe Republic of South Africa is a country located at the southern tip of Africa, with a coastline on the Atlantic and Indian Oceans. To the north lie Namibia, Botswana and Zimbabwe, to the east are Mozambique and Swaziland, while Lesotho is an independent country surrounded by South Africa.Modern...
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South Korea South KoreaSouth Korea, officially the Republic of Korea and often simply referred to as Korea, is a country in East Asia, located on the southern half of the Korean Peninsula. It is neighbored by China to the west, Japan to the east, and North Korea to the north. Its capital is Seoul, the second largest...
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Spain SpainSpain , officially the Kingdom of Spain , is a country located in southwestern Europe on the Iberian Peninsula. [The Spanish constitution does not establish any official denomination of the country, even though España , Estado español and Nación española are used interchangeably...]
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Sweden SwedenSweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe...
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Switzerland SwitzerlandSwitzerland , officially the Swiss Confederation , is a federal republic consisting of 26 states named cantons, with Bern as the seat of the federal authorities...
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Turkey TurkeyTurkey , known officially as the Republic of Turkey , is a Eurasian country that stretches across the Anatolian peninsula in Western Asia and Thrace in the Balkan region of southeastern Europe...
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Ukraine UkraineUkraine is a country in Eastern Europe. It is bordered by Russia to the east; Belarus to the north; Poland, Slovakia, and Hungary to the west; Romania and Moldova to the southwest; and the Black Sea and Sea of Azov to the south. The city of Kiev is both the capital and the largest city of...
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United Kingdom United KingdomThe United Kingdom of Great Britain and Northern Ireland is a sovereign state located off the northwestern coast of continental Europe. It is an island country, spanning an archipelago including Great Britain, the northeastern part of Ireland, and many small islands...
British Antarctic Territory (claim)The British Antarctic Territory is a sector of Antarctica claimed by the United Kingdom. It is situated in Antarctica from the South Pole to 60°S latitude between longitudes 20°W and 80°W. The Territory was formed on 3rd March 1962, although the UK first claimed this portion of the Antarctic in 1908...
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USA United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
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Uruguay UruguayUruguay , is a country located in the southeastern part of South America. It is home to 3.46 million people, of whom 1.1 million live in the capital Montevideo and its metropolitan area. An estimated 88–94% of the population are of mostly European and/or mixed descent.Uruguay's only land border is...
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Venezuela VenezuelaVenezuela , officially titled Bolivarian Republic of Venezuela , is a tropical country on the northern coast of South America. It is a continental mainland with numerous islands located off its coastline in the Caribbean Sea...
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* Claims overlap.
** Reserved the right to claim areas.
, 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 SecretariatThe Antarctic Treaty Secretariat is an organization created on September 2004 by the Antarctic Treaty Consultative Meeting for the management of several ATCM tasks such as the support of the annual meeting of signatory countries of the Antarctic Treaty, and the publication of the ATCM annual...
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 31 August 2009. He was succeeded on 1 September 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
citizenshipCitizenship is the state of being a citizen of a particular social, political, or national community.Citizenship status, under social contract theory, carries with it both rights and responsibilities...
or
governmentA government is the body within a community, political entity or organization which has the authority to make and enforce rules, laws and regulations.....
. 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 westThe meridian 90° west of Greenwich is a line of longitude that extends from the North Pole across the Arctic Ocean, North America, the Gulf of Mexico, Central America, the Pacific Ocean, the Southern Ocean, and Antarctica to the South Pole....
and
150 degrees westThe meridian 150° west of Greenwich is a line of longitude that extends from the North Pole across the Arctic Ocean, North America, the Pacific Ocean, the Southern Ocean, and Antarctica to the South Pole....
, combined with the interior of the Norwegian Sector, is the only major land on Earth not claimed by any country.
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 mankindCommon Heritage of Mankind is a principle of international law which holds that defined territorial areas and elements of our cultural and natural world should be held of trust for future generations and be protected from exploitation by individual nation states or corporations.-Origins:The...
principle.
Argentina
According to Argentine regulations, any crime committed within 50 kilometers of any Argentine base is to be judged in
UshuaiaUshuaia is the capital of the Argentine province of Tierra del Fuego. It is commonly regarded as the southernmost city in the world. Ushuaia is located in a wide bay on the southern coast of the island of Tierra del Fuego, bounded on the north by the Martial mountain range and on the south by the...
(as capital of
Tierra del Fuego, Antarctica, and South Atlantic IslandsTierra del Fuego is an Argentine province entirely separated from mainland Argentina by the Strait of Magellan...
). In the part of
Argentine AntarcticaArgentine Antarctica is a sector of Antarctica claimed by Argentina as part of its national territory. The Argentine Antarctic region, consisting of the Antarctic Peninsula and a triangular section extending to the South Pole, is delimited by the 25° West and 74° West meridians and the 60° South...
that is also claimed by Chile, the person to be judged can ask to be transferred there.
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 TerritoryThe Jervis Bay Territory is a territory of the Commonwealth of Australia. It was bought by the Commonwealth Government in 1915 from the state of New South Wales so that the Federal capital at Canberra would have access to the sea...
(a non-contiguous part of the
Australian Capital TerritoryThe Australian Capital Territory is the capital territory of the Commonwealth of Australia and its smallest self-governing internal territory. It is an inland enclave in New South Wales, and regularly referred to as Australia's 'Bush Capital'....
) 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.
United States
The
law of the United StatesThe law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government 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.
Some U.S. laws directly apply to Antarctica. For example, the
Antarctic Conservation ActThe Antarctic Conservation Act, enacted in 1978 by the 95th United States Congress , is a United States federal law that addresses the issue of environmental conservation on the continent of Antarctica...
, 16 U.S.C. section 2401 et seq., provides civil and criminal penalties for the following activities, unless authorized by regulation or
statuteA statute is a formal written enactment of a legislative authority that governs a country, state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law and the regulations issued by...
:
- 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
TreasuryThe Department of the Treasury is an executive department and the treasury of the United States federal government. It was established by an Act of Congress in 1789 to manage government revenue...
,
CommerceThe United States Department of Commerce is the Cabinet department of the United States government concerned with promoting economic growth. It was originally created as the United States Department of Commerce and Labor on February 14, 1903...
,
TransportationThe United States Department of Transportation is a federal Cabinet department of the United States government concerned with transportation. It was established by an act of Congress on October 15, 1966 and began operation on April 1, 1967...
, and
InteriorThe United States Department of the Interior is the United States federal executive department of the U.S. government responsible for the management and conservation of most federal land and the administration of programs relating to Native Americans, Alaska Natives, and Native Hawaiians, and to...
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 DepartmentThe United States Department of State, often referred to as the State Department, is the Cabinet-level foreign affairs agency of the United States government, similar to foreign ministries, foreign offices, ministries of external relations, etc. in other countries...
, 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 FoundationThe National Science Foundation is a United States government agency that supports fundamental research and education in all the non-medical fields of science and engineering. Its medical counterpart is the National Institutes of Health...
.
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 MarksRodney Marks was an Australian astrophysicist who died from methanol poisoning while working in Antarctica.-Life and death:Marks was born in Geelong, Australia and educated at the University of Melbourne, later obtaining a Ph.D...
at the
South PoleThe South Pole, also known as the Geographic South Pole or Terrestrial South Pole, is one of the two points where the Earth's axis of rotation intersects the surface. It is the southernmost point on the surface of the Earth and lies on the opposite side of the Earth from the North Pole...
base in May 2000. Dr. Marks died while wintering over at the American-run
Amundsen-Scott South Pole StationThe Amundsen-Scott South Pole Station is a U.S. research station at the South Pole, in Antarctica.- Description and history :The Amundsen-Scott South Pole Station is the southernmost continually inhabited place on the planet. Its name honors Roald Amundsen who reached the South Pole in December...
(which is not on the geographic
South PoleThe South Pole, also known as the Geographic South Pole or Terrestrial South Pole, is one of the two points where the Earth's axis of rotation intersects the surface. It is the southernmost point on the surface of the Earth and lies on the opposite side of the Earth from the North Pole...
, but within the
Ross DependencyThe Ross Dependency comprises an area of Antarctica claimed by New Zealand. It is defined by a sector originating at the South Pole, passing along longitudes 160° east to 150° west, and terminating at latitude 60° south. It is nearly identical in size to Sweden and constitutes the bulk of the...
claimed by New Zealand). Prior to autopsy, the death was attributed to natural causes by the
National Science FoundationThe National Science Foundation is a United States government agency that supports fundamental research and education in all the non-medical fields of science and engineering. Its medical counterpart is the National Institutes of Health...
and the contractor administering the base. However, an autopsy in New Zealand revealed that Dr. Marks died from
methanolMethanol, also known as methyl alcohol, wood alcohol, wood naphtha or wood spirits, is a chemical with formula CH3OH . It is toxic: drinking 10 ml will cause blindness, and as little as 100 ml will cause death...
poisoning. The
New Zealand PoliceThe New Zealand Police is the national police force of New Zealand, responsible for enforcing criminal law, enhancing public safety, maintaining order and keeping the peace throughout New Zealand...
launched an investigation. In 2006, frustrated by lack of progress, the
ChristchurchChristchurch is the largest city in the South Island of New Zealand, and the country's second-largest urban area. It is one third the way down the South Island's east coast, just north of Banks Peninsula which itself, since 2006, lies within the formal limits of Christchurch.The city was named by...
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
RaytheonRaytheon Company is a major American defense contractor and industrial corporation with core manufacturing concentrations in defense systems and defense and commercial electronics. It was previously involved in corporate and special-mission aircraft until early 2007...
for failing to co-operate with the investigation.
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