treaty

THE ANTARCTIC TREATY

The Antarctic Treaty, the earliest of the post-World War II arms limitation agreements, has significance both in itself and as a precedent. It internationalized and demilitarized the Antarctic Continent and provided for its cooperative exploration and future use. It has been cited as an example of nations exercising foresight and working in concert to prevent conflict before it develops. Based on the premise that to exclude armaments is easier than to eliminate or control them once they have been introduced, the treaty served as a model, in its approach and even provisions, for later "nonarmament" treaties -- the treaties that excluded nuclear weapons from outer space, from Latin America, and from the seabed.

By the 1950s seven nations -- Argentina, Australia, Chile, France, New Zealand, Norway, andthe United Kingdom -- claimed sovereignty over areas of Antarctica, on the basis of discovery, exploration, or geographic propinquity. Claims of Argentina, Chile, and the United Kingdom overlapped. Eight other nations -- the United States, the Soviet Union, Belgium, Germany, Poland, Sweden, Japan, and South Africa -- had engaged in exploration but had put forward no specific claims. The United States did not recognize the claims of other governments and reserved the right to assert claims based on exploration by its citizens. The Soviet Union took a similar position.

Activities in the Antarctic had generally been conducted peacefully and cooperatively. Yet the possibility that exploitable economic resources might be found meant the possibility of future rivalry for their control. Moreover, isolated and uninhabited, the continent might at some time become a potential site for emplacing nuclear weapons.

Fortunately, scientific interests rather than political, economic, or military concerns dominated the expeditions sent to Antarctica after World War II. Fortunately, too, international scientific associations were able to work out arrangements for effective cooperation. In 1956 and 1957, for example, American meteorologists "wintered over" at the Soviet post Mirnyy, while Soviet meteorologists "wintered over" at Little America. These cooperative activities culminated in the International Geophysical Year of 1957-1958 (IGY), a joint scientific effort by 12 nations -- Argentina, Australia, Belgium, Chile, France, Japan, New Zealand, Norway, South Africa, the Soviet Union, the United Kingdom, and the United States -- to conduct studies of the Earth and its cosmic environment.

In these years the desire to keep the continent demilitarized was general and some diplomatic discussion of the possibility had taken place. On May 3, 1958, the United States proposed to the other 11 nations participating in the IGY that a conference be held, based on the points of agreement that had been reached in informal discussions:

(1) that the legal status quo of the Antarctic Continent remain unchanged;

(2) that scientific cooperation continue;

(3) that the continent be used for peaceful purposes only.

All accepted the U.S. invitation. The Washington Conference on Antarctica met from October 15 to December 1 1959. No insurmountable conflicts or issues divided the conference, and negotiations culminated in a treaty signed by all 12 nations on December 1, 1959. Approved by the U.S. Senate, U.S. ratification was deposited August 18 1960, and the treaty entered intoforce on June 23, 1961, when the formal ratifications of all the participating nations had been received.

The treaty provides that Antarctica shall be used for peaceful purposes only. It specifically prohibits "any measures of a military nature, such as the establishment of military bases and fortifications, the carrying out of military maneuvers, as well as the testing of any type of weapons." Military personnel or equipment, however, may be used for scientific research or for any other peaceful purpose. Nuclear explosions and the disposal of radioactive waste material in Antarctica are prohibited, subject to certain future international agreements on these subjects. All Contracting Parties entitled to participate in the meetings referred to in Article IX of the treaty have the right to designate observers to carry out inspections in all areas of Antarctica, including all stations, installations and equipment, and ships and aircraft at discharge or embarkation points. Each observer has complete freedom of access at any time to any or all areas of Antarctica. Contracting Parties may also carry out aerial inspections. There are provisions for amending the treaty; for referring disputes that cannot be handled by direct talks, mediation, arbitration, or other peaceful means to the International Court of Justice; and for calling a conference in 30 years to review the operation of the treaty if any parties request it.

Argentina, Australia, New Zealand, the Soviet Union, the United Kingdom, and the United States have all exercised the right of inspection. The United States conducted inspections in 1971, 1975, 1977, 1980, 1983, 1985, and 1989. All American inspections included Soviet facilities. The 1985 inspection concentrated on the Antarctic Peninsula area where the U.S. team inspected stations belonging to the United Kingdom, the Soviet Union, the Peoples Republic of China, Argentina, Chile, and Poland. The 1989 inspection was conducted in the Ross Sea area, visiting six (only five are named) stations of France, Italy, New Zealand, the Federal Republic of Germany, and the Soviet Union, as well as 12 sites of historic and scientific interest. In February 1995, the 10th inspection since inspections began in 1963 was conducted. In a circumnavigation of the South Pole, eight sites were visited to allow teams to observe environmental conditions at research stations. No military activities, armaments, or prohibited nuclear activities were observed, and all scientific programs were in accord with previously published plans. The observed activities at each station were in compliance with the provisions and spirit of the Antarctic Treaty.

Fifteen consultative meetings have been held in accordance with Article IX of the treaty. Numerous recommendations on measures in furtherance of the principles and objectives of the treaty have been adopted, many of which have now entered into force. There are now 24 Contracting Parties entitled to participate in these meetings: the original 12 signatory states plus Brazil, China, Germany, Finland, India, Italy, Republic of Korea, Peru, Poland, Spain, Sweden, and Uruguay.

THE ANTARCTIC TREATY

Signed at Washington December 1, 1959

Ratification advised by U.S. Senate August 10, 1960

Ratified by U.S. President August 18, 1960

U.S. ratification deposited at Washington August 18, 1960

Proclaimed by U.S. President June 23, 1961

Entered into force June 23, 1961

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,

Recognizing that it is in the interest 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;

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;

Have agreed as follows:

Article I

1. Antarctica shall be used for peaceful purposes only. There shall be prohibited, inter alia, any measures of a military nature, such as the establishment of military bases and fortifications, the carrying out of military maneuvers, as well as the testing of any type of weapons.

2. The present treaty shall not prevent the use of military personnel or equipment for scientific research or for any other peaceful purposes.

Article II

Freedom of scientific investigation in Antarctica and cooperation toward that end, as applied during the International Geophysical Year, shall continue, subject to the provisions of the present treaty.

Article III

1. In order to promote international cooperation in scientific investigation in Antarctica, as provided for in Article II of the present treaty, the Contracting Parties agree that, to the greatest extent feasible and practicable:

(a) information regarding plans for scientific programs in Antarctica shall be exchanged to permit maximum economy and efficiency of operations;

(b) scientific personnel shall be exchanged in Antarctica between expeditions and stations;

2. In implementing this Article, every encouragement shall be given to the establishment of cooperative working relations with those Specialized Agencies of the United Nations and other international organizations having a scientific or technical interest in Antarctica.

Article IV

1. Nothing contained in the present treaty shall be interpreted as:

(a) a renunciation by any Contracting Party of previously asserted rights of or claims to territorial sovereignty in Antarctica;

(b) a renunciation or diminution by any Contracting Party of any basis of claim to territorial sovereignty in Antarctica which it may have whether as a result of its activities or those of its nationals in Antarctica, or otherwise;

(c) prejudicing the position of any Contracting Party as regards its recognition or non-recognition of any other States right of or claim or basis of claim to territorial sovereignty in Antarctica.

2. No acts or activities taking place while the present treaty is in force shall constitute a basis for asserting, supporting or denying a claim to territorial sovereignty in Antarctica or create any rights of sovereignty in Antarctica. No new claim, or enlargement of an existing claim, to territorial sovereignty in Antarctica shall be asserted while the present treaty is in force.

Article V

1. Any nuclear explosions in Antarctica and the disposal there of radioactive waste material shallbe prohibited.

2. In the event of the conclusion of international agreements concerning the use of nuclear energy, including nuclear explosions and the disposal of radioactive waste material, to which all of the Contracting Parties whose representatives are entitled to participate in the meetings provided for under Article IX are parties, the rules established under such agreements shall apply in Antarctica.

Article VI

The provisions of the present treaty shall apply to the area south of 60o South Latitude, including all ice shelves, but nothing in the present treaty shall prejudice or in any way affect the rights, orthe exercise of the rights, of any State under international law with regard to the high seas within that area.

Article VII

1. In order to promote the objectives and ensure the observance of the provisions of the present treaty, each Contracting Party whose representatives are entitled to participate in the meetings referred to in Article IX of the treaty shall have the right to designate observers to carry out any inspection provided for by the present Article. Observers shall be nationals of the Contracting Parties which designate them. The names of observers shall be communicated to every other Contracting Party having the right to designate observers, and like notice shall be given of the termination of their appointment.

2. Each observer designated in accordance with the provisions of paragraph 1 of this Article shall have complete freedom of access at any time to any or all areas of Antarctica.

3. All areas of Antarctica, including all stations, installations and equipment within those areas, and all ships and aircraft at points of discharging or embarking cargoes or personnel in Antarctica, shall be open at all times to inspection by any observers designated in accordance with paragraph 1 of this Article.

4. Aerial observation may be carried out at any time over any or all areas of Antarctica by any ofthe Contracting Parties having the right to designate observers.

5. Each Contracting Party shall, at the time when the present treaty enters into force for it, inform the other Contracting Parties, and thereafter shall give them notice in advance, of

(a) all expeditions to and within Antarctica, on the part of its ships or nationals, and all expeditions to Antarctica organized in or proceeding from its territory;

(b) all stations in Antarctica occupied by its nationals; and

(c) any military personnel or equipment intended to be introduced by it into Antarctica subject to the conditions prescribed in paragraph 2 of Article I of the present treaty.

Article VIII

1. In order to facilitate the exercise of their functions under the present treaty, and without prejudice to the respective positions of the Contracting Parties relating to jurisdiction over all other persons in Antarctica, observers designated under paragraph 1 of Article VII and scientific personnel exchanged under subparagraph 1(b) of Article III of the treaty, and members of the staffs accompanying any such persons, shall be subject only to the jurisdiction of the Contracting Party of which they are nationals in respect of all acts or omissions occurring while they are in Antarctica for the purpose of exercising their functions.

Without prejudice to the provisions of paragraph 1 of this Article, and pending the adoption of measures in pursuance of subparagraph 1(e) of Article IX, the Contracting Parties concerned in any case of dispute with regard to the exercise of jurisdiction in Antarctica shall immediately consult together with a view to reaching a mutually acceptable solution.

Article IX

1. Representatives of the Contracting Parties named in the preamble to the present treaty shall meet at the City of Canberra within two months after the date of entry into force of the treaty, and thereafter at suitable intervals and places, for the purpose of exchanging information,consulting together on matters of common interest pertaining to Antarctica, and formulating and considering, and recommending to their Governments, measures in furtherance of the principles and objectives of the treaty, including measures regarding:

(a) use of Antarctica for peaceful purposes only;

(b) facilitation of scientific research in Antarctica;

(d) facilitation of the exercise of the rights of inspection provided for in Article VII of the treaty;

(e) questions relating to the exercise of jurisdiction in Antarctica;

(f) preservation and conservation of living resources in Antarctica.

2. Each Contracting Party which has become a party to the present treaty by accession under Article XIII shall be entitled to appoint representatives to participate in the meetings referred to in paragraph 1 of the present Article, during such time as that Contracting Party demonstrates its interest in Antarctica by conducting substantial scientific research activity there, such as the establishment of a scientific station or the despatch of a scientific expedition.

3. Reports from the observers referred to in Article VII of the present treaty shall be transmitted to the representatives of the Contracting Parties participating in the meetings referred to in paragraph 1 of the present Article.

4. The measures referred to in paragraph 1 of this Article shall become effective when approved by all the Contracting Parties whose representatives were entitled to participate in the meetings held to consider those measures.

5. Any or all of the rights established in the present treaty may be exercised from the date of entry into force of the treaty whether or not any measures facilitating the exercise of such rights have been proposed, considered or approved as provided in this Article.

Article X

Each of the Contracting Parties undertakes to exert appropriate efforts, consistent with the Charter of the United Nations, to the end that no one engages in any activity in Antarctica contrary to the principles or purposes of the present treaty.

Article XI

1. If any dispute arises between two or more of the Contracting Parties concerning the interpretation or application of the present treaty, those Contracting Parties shall consult among themselves with a view to having the dispute resolved by negotiation, inquiry, mediation,conciliation, arbitration, judicial settlement or other peaceful means of their own choice.

2. Any dispute of this character not so resolved shall, with the consent, in each case, of all parties to the dispute, be referred to the International Court of Justice for settlement; but failure to reach agreement on reference to the International Court shall not absolve parties to the dispute from the responsibility of continuing to seek to resolve it by any of the various peaceful means referred to in paragraph 1 of this Article.

Article XII

1. (a) The present treaty may be modified or amended at any time by unanimous agreement of the Contracting Parties whose representatives are entitled to participate in the meetings provided for under Article IX. Any such modification or amendment shall enter into force when the depositary Government has received notice from all such Contracting Parties that they have ratified it.

(b) Such modification or amendment shall thereafter enter into force as to any other Contracting Party when notice of ratification by it has been received by the depositary Government. Any such Contracting Party from which no notice of ratification is received within a period of two years from the date of entry into force of the modification or amendment in accordance with the provisions of subparagraph 1(a) of this Article shall be deemed to have withdrawn from the present treaty on the date of the expiration of such period.

2. (a) If after the expiration of thirty years from the date of entry into force of the present treaty, any of the Contracting Parties whose representatives are entitled to participate in the meetings provided for under Article IX so requests by a communication addressed to the depositary Government, a Conference of all the Contracting Parties shall be held as soon as practicable to review the operation of the treaty.

(b) Any modification or amendment to the present treaty which is approved at such a Conference by a majority of the Contracting Parties there represented, including a majority of those whose representatives are entitled to participate in the meetings provided for under Article IX, shall be communicated by the depositary Government to all the Contracting Parties immediately after the termination of the Conference and shall enter into force in accordance with the provisions of paragraph 1 of the present Article.

(c) If any such modification or amendment has not entered into force in accordance with the provisions of subparagraph 1(a) of this Article within a period of two years after the date of its communication to all the Contracting Parties, any Contracting Party may at any time after the expiration of that period give notice to the depositary Government of its withdrawal from the present treaty; and such withdrawal shall take effect two years after the receipt of the notice of the depositary Government.

Article XIII

1. The present treaty shall be subject to ratification by the signatory States. It shall be open for accession by any State which is a Member of the United Nations, or by any other State which may be invited to accede to the treaty with the consent of all the Contracting Parties whose representatives are entitled to participate in the meetings provided for under Article IX of the treaty.

2. Ratification of or accession to the present treaty shall be effected by each State in accordance with its constitutional processes.

3. Instruments of ratification and instruments of accession shall be deposited with the Government of the United States of America, hereby designated as the depositary Government.

4. The depositary Government shall inform all signatory and acceding States of the date of each deposit of an instrument of ratification or accession, and the date of entry into force of the treaty and of any modification or amendment thereto.

5. Upon the deposit of instruments of ratification by all the signatory States, the present treaty shall enter into force for those States and for States which have deposited instruments of accession. Thereafter the treaty shall enter into force for any acceding State upon the deposit of its instrument of accession.

6. The present treaty shall be registered by the depositary Government pursuant to Article 102 of the Charter of the United Nations.

Article XIV

The present treaty, done in the English, French, Russian and Spanish languages, each version being equally authentic, shall be deposited in the archives of the Government of the United States of America, which shall transmit duly certified copies thereof to the Governments of the signatory and acceding States.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, duly authorized, have signed the present treaty.

DONE at Washington this first day of December, one thousand nine hundred and fifty-nine.