Antarctica Treaty System

• The Antarctic Treaty System

• The Antarctic Treaty System comprises the Treaty itself and a number of related agreements. It also
includes a range of organisations that contribute to the work of the decision-making forums.
• In addition to the related agreements, the Treaty System includes the recommendations, measures,
decisions and resolutions of the Consultative Meetings relating to matters such as:
• scientific cooperation;
• protection of the Antarctic environment;
• conservation of plants and animals;
• preservation of historic sites;
• designation and management of protected areas;
• management of tourism;
• information exchange;
• collection of meteorological data;
• hydrographic charting;
• logistic cooperation; and
• communications and safety.
• The Treaty Parties have put in place rules relating to specific issues. The development of these
agreements has allowed the implementation, with greater precision, of legally binding provisions for
the regulation of activities in Antarctica.
 The Antarctic Treaty (1959)
• 12 countries represented by the Governments of Argentina, Australia, Belgium, Chile,
the French Republic, Japan, New Zealand, Norway, the Union of South Africa, the
Union of Soviet Socialist Republics, the United Kingdom of Great Britain and
Northern Ireland, and the United States of America, signed the Antarctic Treaty on 1
December 1959 in Washington.
• Recognizing that it is in the interest of all mankind that Antarctica shall continue for
ever to be used exclusively for peaceful purposes and shall not become the scene or
object of international discord;
• Acknowledging the substantial contributions to scientific knowledge resulting from
international cooperation in scientific investigation in Antarctica;
• Convinced that the establishment of a firm foundation for the continuation and
development of such cooperation on the basis of freedom of scientific investigation in
Antarctica as applied during the International Geophysical Year accords with the
interests of science and the progress of all mankind;
• Convinced also that a treaty ensuring the use of Antarctica for peaceful purposes only
and the continuance of international harmony in Antarctica will further the purposes
and principles embodied in the Charter of the United Nations;
• The Treaty, which applies to the area south of 60° South latitude, is surprisingly short, but
remarkably effective. Through this agreement, the countries active in Antarctica consult on
the uses of a whole continent, with a commitment that it should not become the scene or
object of international discord. In its fourteen articles the Treaty:
• stipulates that Antarctica should be used exclusively for peaceful purposes, military activities,
such as the establishment of military bases or weapons testing, are specifically prohibited;
• guarantees continued freedom to conduct scientific research, as enjoyed during the
IGY(International Geophysical Year);
• promotes international scientific cooperation including the exchange of research plans and
personnel, and requires that results of research be made freely available;
• sets aside the potential for sovereignty disputes between Treaty parties by providing that no
activities will enhance or diminish previously asserted positions with respect to territorial
claims, provides that no new or enlarged claims can be made, and makes rules relating to
jurisdiction;
• prohibits nuclear explosions and the disposal of radioactive waste;
• provides for inspection by observers, designated by any party, of ships, stations and
equipment in Antarctica to ensure the observance of, and compliance with, the Treaty;
• requires parties to give advance notice of their expeditions; provides for the parties to meet
periodically to discuss measures to further the objectives of the Treaty; and
• puts in place a dispute settlement procedure and a mechanism by which the Treaty can be
modified.
 Antarctic-Environmental Protocol
• The Protocol on Environmental Protection to the Antarctic Treaty, also known
as the Antarctic-Environmental Protocol, or the Madrid Protocol, is part of the
Antarctic Treaty System. It provides for comprehensive protection of the
Antarctic environment and dependent and associated ecosystems.
• It was concluded in Madrid and opened for signature on October 4, 1991 and
entered into force on January 14, 1998.
• Designates Antarctica as a natural reserve, devoted to peace and science.
• The States Parties to this Protocol to the Antarctic Treaty, hereinafter referred to as the
Parties,
• Convinced of the need to enhance the protection of the Antarctic environment and dependent
and associated ecosystems;
• Convinced of the need to strengthen the Antarctic Treaty system so as to ensure that
Antarctica shall continue forever to be used exclusively for peaceful purposes and shall not
become the scene or object of international discord;
• Bearing in mind the special legal and political status of Antarctica and the special
responsibility of the Antarctic Treaty Consultative Parties to ensure that all activities in
Antarctica are consistent with the purposes and principals of the Antarctic Treaty;
• Recalling the designation of Antarctica as a Special Conservation Area and other measures
adopted under the Antarctic Treaty system to protect the Antarctic environment and
dependent and associated ecosystems;
• Acknowledging further the unique opportunities Antarctica offers for scientific monitoring of
and research on processes of global as well as regional importance;
• Reaffirming the conservation principles of the Convention on the Conservation of Antarctic
Marine Living Resources;
• Convinced that the development of a Comprehensive regime for the protection of the
Antarctic environment and dependent and associated ecosystems is in the interest of mankind
as a whole;
• Desiring to supplement the Antarctic Treaty to this end;
• Article 3 states that protection of the Antarctic environment as a wilderness with
aesthetic and scientific value shall be a "fundamental consideration" of activities
in the area.
• Article 7 states that "Any activity relating to mineral resources, other than
scientific research, shall be prohibited." This provision contrasts with the
rejected Convention on the Regulation of Antarctic Mineral Resource Activities,
which would have allowed mining under the control and taxation of an
international managing body similar to the International Seabed Authority.
• Article 8 requires environmental assessment for all activities, including tourism.
• Article 11 creates a Committee for Environmental Protection for the continent.
• Article 15 calls for member states to be prepared for emergency response actions
in the area.
• Articles 18-20 arrange for arbitration of international disputes regarding
Antarctica.
• Article 25(5) states that the Article 7 ban on mining may not be repealed unless
a future treaty establishes a binding regulatory framework for such activity.
• Appendix A
• Specially Protected Species
• All species of the genus Arctocephalus, Fur Seals. Ommatophoca rossii, Ross Seal.
• Appendix B
• Importation of Animals and Plants
• The following animals and plants may be imported into the Antarctic Treaty area in
accordance with permits issued under Article 4 of this Annex:
• (a) domestic plants; and
• (b) laboratory animals and plants including viruses, bacteria, yeasts and fungi.
• Appendix C
• Precautions to Prevent Introductions of Micro-organisms
• 1 Poultry. No live poultry or other living birds shall be brought into the Antarctic Treaty
area’. Before dressed poultry is packaged for shipment to the Antarctic Treaty area, it shall
be inspected for evidence of disease, such as Newcastle’s Disease, tuberculosis, and yeast
infection. Any poultry or parts not consumed shall be removed from the Antarctic Treaty
area or disposed of by incineration or equivalent means that eliminates risks to native flora
and fauna.
• 2 The importation of non-sterile soil shall be avoided to the maximum extent practicable.
• ANNEX V
• To The Protocol On Environmental Protection To The Antarctic Treaty
Area Protection And Management
• The Convention on the Conservation of Antarctic Marine Living Resources
came into force in 1982, as part of the Antarctic Treaty System. It was
established mainly in response to concerns that an increase in krill catches in the
Southern Ocean could have a serious effect on populations of krill and other
marine life; particularly on birds, seals and fish which mainly depend on krill
for food.