On the 1959 Antarctic Treaty

The 1959 Antarctic Treaty was brought about to address the

concerns of claims made on regions of Antarctica by several states,
and to create a governance to regulate and monitor the accessibility
and use of Antarctica. In this paper, I will begin by briefly describing
the treaty, then I will detail the main points of the treaty, their
relevance, and the challenges and benefits they create today.
The Antarctic Treaty, signed in 1959 and brought into effect in
1961, was originally made between the governments of Argentina,
Australia, Belgium, Chile, the French Republic, Japan, New Zealand,
Norway, the Union of South Africa, the UK, the USA, and the Union of
Soviet Socialist Republics. The treaty basically stated that all regions of
Antarctica South of 60 degrees South Latitude, including the ice
shelves, would be regions banned from nuclear testing or nuclear
waste disposal, and would be regions where the governments involved
in the treaty may set up bases for the purpose of scientific research,
and that there would be free exchange of scientific information
between the governments. It also asserted that the previous claims
made involving territorial rights over these regions were not being
accepted or rejected by the treaty. In the years since this treaty was
formed, the number of member parties has grown from the initial 12
parties to 47 parties. Additionally, since the date of the treaties

formation, many new challenges have emerged that were not taken
into consideration during the time of the first meeting, such as tourism,
fishing and whaling, and mineral exploitation.
Considering the fact that the treaty was brought about during the
time of the Cold War, it is reasonable that a ban on nuclear testing and
nuclear waste disposal would have been of immediate concern. This
act also extended to the ban of any military base or military testing in
the area, though the treaty also states that this ban it is not intended
to, prevent the use of military personnel or equipment for scientific
research (The 1959 Treaty of Antarctica, Act Ib.) The use of Antarctica
for purely scientific reasons was explicitly stressed numerous times
throughout this treaty. It was also stressed that the reason for the
treaties construction was the need to secure peace, and to ensure that
the land not be exploited, both assertions being for the good of
humankind.
The treaty promoted peace by neither accepting nor rejecting the
claims that the 7 states, Argentina, France, Australia, Chile, New
Zealand, Norway, and the UK, had made to the polar regions. While
none of the states have dropped their claims, they have not made
strong moves to assert them out of respect for the treaty. However, as
times have changed, and illegal whaling and fishing have become a
problem, there have been some clashes between countries with
respect to the territory. Australia has made claim on several islands

that are North of the 60 degrees South Latitude that is not governed by
the Antarctic Treaty directly, but considered to be unclaimed land.
Australia has also passed a nationwide ban on whaling in those
regions. Since the regions are not 100% accepted to belong to
Australia, Japanese whalers are exploiting them. In a transnational
court, Japan was found guilty of breaking the Australian law by whaling
in those seas, but nothing has been done about it out of an effort to
avoid further conflict with the treaty.
Another example of difficulty manning the treaty is the increase
in tourism and increasing number of bases. The areas are being
crowded, as the most popular spot is the easily accessible Antarctic
Peninsula. The increase in tourism, mainly by ship, carries intrinsic
risks for the preservation and conservation of the continent and of the
Southern Sea. With the performance of scientific research inevitably
comes the search and discovery of mineral resources in Antarctica.
This issue was also not addressed in the treaty. With no formal law in
place to govern this within the treaty, as it was not a problem at the
time of its construction and thus was not considered or mentioned,
other government agencies have stepped in and more protocols and
treaties have been formed to deal with these issues. Mainly, the
Protocol of Environmental Protection was created, which is in place to
deal with most of these issues. Additionally, many non-government
organizations have become involved through information exchange

and media broadcast, and have brought light on the issues and
concerns regarding Antarctica. Being a major influencing factor, these
organizations are taken into consideration with all meetings and
revisions that are suggested to the treaties, as well as to all other
treaties and protocol that have been implemented to regulate the new
concerns stemming from the problems not addressed in the treaty.
The 1959 Treaty of Antarctica is a powerful and still respected
treaty to this day. It is symbolic of the union of the involves parties,
and of the preservation of Antarctica. Since its creation, and since the
regulatory organizations put in place to deal with the new problems
that face the governance of the region, it has stood firmly to the
ground that there shall be no mineral, wildlife, or military exploitation
of the region, and that it should remain an area purely for scientific and
peaceful gain. While this notion is being challenged with regards to
tourism and fishing industry, as well as the desire for mineral
extraction, it seems reasonable that, at least for the time being,
measures will be taken to protect this region and keep it an isolated
wonder relatively untouched and unexploited by mankind.

Citations

Dodds, K. (2010), Governing Antarctica: Contemporary Challenges and

the Enduring Legacy of the 1959 Antarctic Treaty. Global Policy, 1: 108

115. doi: 10.1111/j.1758-5899.2009.00006.x

The 1959 Antarctic Treaty