ANTARCTIC TREATY
1. Context
The 46th Antarctic Treaty Consultative Meeting (ATCM), or the Antarctic Parliament, is underway in Kochi, Kerala, India. It began on May 20 and is scheduled to conclude on May 30, 2024. A major focus of the meeting is the rise of tourism in Antarctica and its potential impacts. Representatives from all 56 member countries of the Antarctic Treaty are attending the ATCM.
2. Tussle over Territory in Antarctica
- Parts of mainland Antarctica were first spotted by British, American, and Russian ships in the 1820s, but the region did not receive significant attention until the early 20th century, according to KM Shusterich's 1984 article, "The Antarctic Treaty System: History, Substance, and Speculation," published by the International Journal (IJ).
- This shift in focus coincided with the heated competition to reach the South Pole between Captain Robert Scott from the United Kingdom and Roald Amundsen from Norway. Amundsen emerged victorious, becoming the first person to reach the South Pole on December 15, 1911.
- By the 1950s, seven countries Argentina, Australia, Chile, France, New Zealand, Norway, and the UK had made formal territorial claims over Antarctica. However, these claims overlapped in some areas, leading to potential conflicts. The United States, the Soviet Union, Belgium, Japan, and South Africa also explored the continent but did not make any territorial claims.
- Only five claimants (Australia, France, New Zealand, Norway, and the United Kingdom) mutually recognised each other's claims. Of particular concern were the claims of Argentina, Chile, and the United Kingdom."
- Between 1947 and 1955, Argentina and Chile twice rejected the British proposal to settle their overlapping claims through the International Court of Justice (ICJ).
- Both nations insisted that their sovereignty was unquestionable and that no third power could judge their domestic territorial claims.
- These disputes led to several attempts to establish an international agreement on the control of Antarctica.
3. The International Geophysical Year and the Birth of the Antarctic Treaty
- During the 1957-58 International Geophysical Year (IGY), when 12 countries Argentina, Australia, Chile, France, New Zealand, Norway, the United Kingdom, the United States, the Soviet Union, Belgium, Japan, and South Africa agreed not to let their political and legal differences impede scientific research in Antarctica.
- They also allowed countries operating in Antarctica to establish their scientific stations anywhere on the continent, irrespective of territorial claims.
- The success of the IGY generated momentum for an international agreement concerning Antarctica.
- On May 2, 1958, the United States proposed that other IGY participant countries join in drafting a treaty to preserve the continent as an international laboratory for scientific research and to ensure it would be used only for peaceful purposes, according to Shusterich. The nations were invited to Washington, DC, to negotiate this treaty.
- The Conference on Antarctica took place from October 15 to December 1, 1959, resulting in the Antarctic Treaty.
- This agreement emerged during the Cold War, a period of intense rivalry between the US and the Soviet Union (1947-1991).
- Both countries agreed to sign the treaty, concerned that their rivalry might extend to Antarctica. Given the absence of them having made a territorial claim, they were prepared to continue to engage in Antarctic affairs for scientific purposes.
- The Antarctic Treaty, signed by all 12 IGY participants, came into force in 1961. It contained 14 articles and froze territorial disputes over Antarctica.
- Its key provisions included prohibiting new territorial claims, banning militarization and nuclear testing, and promoting scientific research.
- Currently, 56 countries are part of the treaty. Among them, 29, including all 12 original signatories, are 'Consultative Parties' involved in the decision-making process. India, which joined the treaty in 1983, is also a Consultative Party.
4. Major Provisions of the Antarctic Treaty
- The treaty promotes the freedom of scientific research in Antarctica, allowing countries to conduct research activities without hindrance.
- Countries are mandated to use the continent solely for peaceful purposes, prohibiting any military activities, nuclear tests, or the disposal of radioactive waste.
- The treaty neutralizes territorial sovereignty, imposing limits on making new claims or expanding existing ones. It freezes disputes between claimants over their territories on the continent.
Dispute Resolution Mechanisms
- Overlapping territorial claims, such as those between Argentina and the UK, have led to tensions. However, the treaty's ability to evolve through additional conventions and legal protocols has facilitated resolution.
- Disputes are addressed through the expansion of the treaty framework, which includes agreements on marine conservation, mining prohibitions, and comprehensive environmental protection mechanisms.
Antarctic Treaty System
- The Antarctic Treaty System encompasses all arrangements regulating relations among states in Antarctica. Its primary goal is to ensure the continent is used exclusively for peaceful purposes and remains free from international discord.
- Spanning over 50 years, the Antarctic Treaty System stands as a hallmark of international cooperation, tailored to the unique geographical, environmental, and political characteristics of the Antarctic region.
- Major international agreements within the system, such as the 1959 Antarctic Treaty, the 1972 Convention for the Conservation of Antarctic Seals, the 1980 Convention on the Conservation of Antarctic Marine Living Resources, and the 1991 Protocol on Environmental Protection to the Antarctic Treaty, are legally binding and establish a robust governance framework for the region.
5. Reasons Behind the Treaty’s Success
