Country name:
conventional long form: none
conventional short form: Antarctica
Government type:
Antarctic Treaty Summary - the Antarctic Treaty, signed on 1
December 1959 and entered into force on 23 June 1961, establishes
the legal framework for the management of Antarctica. The 24th
Antarctic Treaty Consultative Meeting was held in Russia in July
2001. At the end of 2001, there were 45 treaty member nations: 27
consultative and 18 non-consultative. Consultative (voting) members
include the seven nations that claim portions of Antarctica as
national territory (some claims overlap) and 20 nonclaimant nations.
The US and Russia have reserved the right to make claims. The US
does not recognize the claims of others. Antarctica is administered
through meetings of the consultative member nations. Decisions from
these meetings are carried out by these member nations (within their
areas) in accordance with their own national laws. The year in
parentheses indicates when an acceding nation was voted to full
consultative (voting) status, while no date indicates the country
was an original 1959 treaty signatory. Claimant nations are -
Argentina, Australia, Chile, France, New Zealand, Norway, and the
UK. Nonclaimant consultative nations are - Belgium, Brazil (1983),
Bulgaria (1998) China (1985), Ecuador (1990), Finland (1989),
Germany (1981), India (1983), Italy (1987), Japan, South Korea
(1989), Netherlands (1990), Peru (1989), Poland (1977), Russia,
South Africa, Spain (1988), Sweden (1988), Uruguay (1985), and the
US. Non-consultative (nonvoting) members, with year of accession in
parentheses, are - Austria (1987), Canada (1988), Colombia (1989),
Cuba (1984), Czech Republic (1993), Denmark (1965), Estonia (2001),
Greece (1987), Guatemala (1991), Hungary (1984), North Korea (1987),
Papua New Guinea (1981), Romania (1971), Slovakia (1993),
Switzerland (1990), Turkey (1995), Ukraine (1992), and Venezuela
(1999). 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, cooperation with the UN and
other international agencies; Article 4 - does not recognize,
dispute, or establish territorial claims and 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 and reserves high seas rights; 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 expeditions 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 ICJ; Articles 12, 13, 14 -
deal with upholding, interpreting, and amending the treaty among
involved nations. Other agreements - some 200 recommendations
adopted at treaty consultative meetings and ratified by governments
include - Agreed Measures for Fauna and Flora (1964) which were
later incorporated into the Environmental Protocol; Convention for
the Conservation of Antarctic Seals (1972); Convention on the
Conservation of Antarctic Marine Living Resources (1980); a mineral
resources agreement was signed in 1988 but remains unratified; the
Protocol on Environmental Protection to the Antarctic Treaty was
signed 4 October 1991 and entered into force 14 January 1998; this
agreement provides for the protection of the Antarctic environment
through five specific annexes: 1) marine pollution, 2) fauna and
flora, 3) environmental impact assessments, 4) waste management, and
5) protected area management; it prohibits all activities relating
to mineral resources except scientific research.
Legal system:
Antarctica is administered through meetings of the consultative
member nations. Decisions from these meetings are carried out by
these member nations (within their areas) in accordance with their
own national laws. US law, including certain criminal offenses by or
against US nationals, such as murder, may apply extra-territorially.
Some US 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 of statute: the taking of native mammals or
birds; the introduction of nonindigenous plants and animals; entry
into specially protected areas; the discharge or disposal of
pollutants; and the importation into the US of certain items from
Antarctica. Violation of the Antarctic Conservation Act carries
penalties of up to $10,000 in fines and one year in prison. The
National Science Foundation and Department of Justice share
enforcement responsibilities. Public Law 95-541, the US Antarctic
Conservation Act of 1978, as amended in 1996, requires expeditions
from the US to Antarctica to notify, in advance, the Office of
Oceans, Room 5805, Department of State, Washington, DC 20520, which
reports such plans to other nations as required by the Antarctic
Treaty. For more information, contact Permit Office, Office of Polar
Programs, National Science Foundation, Arlington, Virginia 22230;
telephone: (703) 292-8030, or visit their website at www.nsf.gov.