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Antarctica Law & Government
- The Antarctic Treaty
- Marine Treaties Database
- Treaties
- Antarctic Cooperative Research Centre
- Gateway to Antarctica
- Institute of Antarctic and Southern Ocean Studies (IASOS)
- International Arctic Environmental Data Directory
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. Administration is carried out through
consultative member meetings - the 18th Antarctic Treaty Consultative Meeting was in Japan in April 1993. Currently, there
are 42 treaty member nations: 26 consultative and 16 acceding. Consultative (voting) members include the seven nations that
claim portions of Antarctica as national territory (some claims overlap) and 19 non claimant nations. The US and some other
nations that have made no claims have reserved the right to do so. The US does not recognize the claims of others. 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. Non claimant consultative nations are - Belgium, Brazil (1983), China (1985), Ecuador (1990), Finland (1989),
Germany (1981), India (1983), Italy (1987), Japan, South Korea (1989), Netherlands (1990), Peru (1989), Poland (1977),
South Africa, Spain (1988), Sweden (1988), Uruguay (1985), the US, and Russia. Acceding (nonvoting) members, with year
of accession in parentheses, are - Austria (1987), Bulgaria (1978), Canada (1988), Colombia (1988), Cuba (1984), Czech
Republic (1993), Denmark (1965), Greece (1987), Guatemala (1991), Hungary (1984), North Korea (1987), Papua New
Guinea (1981), Romania (1971), Slovakia (1993), Switzerland (1990), and Ukrainian (1992). 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 in 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; 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 activities 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 - more than 170 recommendations adopted at treaty consultative meetings and
ratified by governments include - Agreed Measures for the Conservation of Antarctic Fauna and Flora (1964); 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 was subsequently rejected; in 1991 the Protocol on Environmental
Protection to the Antarctic Treaty was signed and awaits ratification; this agreement provides for the protection of the
Antarctic environment through five specific annexes on marine pollution, fauna, and flora, environmental impact assessments,
waste management, and protected areas; it also prohibits all activities relating to mineral resources except scientific research;
21 parties have ratified Protocol as of April 1996
Legal system: US law, including certain criminal offenses by or against US nationals, such as murder, may apply to areas not
under jurisdiction of other countries. 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 non indigenous plants and animals; entry into specially
protected or scientific 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 1 year in prison. The
Departments of Treasury, Commerce, Transportation, and Interior share enforcement responsibilities. Public Law 95-541, the
US Antarctic Conservation Act of 1978, requires expeditions from the US to Antarctica to notify, in advance, the Office of
Oceans and Polar Affairs, Room 5801, 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 (703) 306-1031.
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