Establish a collective, organized administration on behalf of the directly involved states. Other parties with consulting status. Figueroa Pla, Uldaricio Retrieved 22 September On the specifics, consult among others: These laws generally apply only to their own citizens, wherever they are in Antarctica, and serve to enforce the consensus decisions of tratadoo consultative parties: In this article the hows and whys of said mechanisms are laid out. Therefore, the Committee on the Formation of Customary Law of the International Law Association 71 gives a fundamental importance to the resolutions of the General Assembly for the formation of international custom as there is a large amount of political content in these UN resolutions. Parties with consulting status reserving the right to make a territorial claim. In this case, the United States as well as New Zealand were interested in applying their jurisdiction, the United States as the employer and New Zealand since the event happened in a zone that antarico declare as their own.
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International conflicts Edit Various international conflicts motivated the creation of an agreement for the Antarctic. From August 26, and until the beginning of , Operation Highjump was carried out, the largest military expeditionary force that the United States has sent to Antarctica to the present, consisting of 13 ships, men and numerous aerial devices. Some incidents had occurred during World War II, and a new one occurred in Hope Bay on February 1, , when the Argentine military fired warning shots at a group of Britons.
The response of the United Kingdom was to send a warship that landed marines on February 4, at the scene. This tripartite declaration was signed after the tension generated when Argentina sent to Antarctica in February a fleet of 8 warships. On February 15, in the incident on Deception Island, 32 royal marines landed from the British frigate HMS Snipe armed with Sten machine guns, rifles, and tear gas capturing the two Argentine sailors.
The Argentine refuge and a nearby uninhabited Chilean shelter were destroyed, and the Argentine sailors were delivered to a ship from that country on February 18 in the South Georgias Islands. On May 4, , the United Kingdom filed two lawsuits, against Argentina and Chile respectively, before the International Court of Justice to declare the invalidity of the claims of the sovereignty of the two countries over Antarctic and sub-Antarctic areas.
On July 15, , the Chilean Government rejected the jurisdiction of the Court in that case, and on August 1, the Argentine Government also did so, so on March 16, the claims were filed.
Before the rejection, on August 28, , the United States proposed to the claimants some form of internationalization of Antarctica, with the support of the United Kingdom. Chile responded by presenting a plan to suspend any Antarctic claim for 5 to 10 years while negotiating a final solution, which did not prosper.
The interest of the United States to keep the Soviet Union away from Antarctica was frustrated when in , this country informed the claimants that it would not accept any Antarctic agreement in which it was not represented. At the suggestion of the World Meteorological Organization , the idea of the International Polar Year was extended to the entire planet, thus creating the International Geophysical Year that took place between July 1, , and December 31, In this event, 66 countries participated.
At the ICSU meeting in Stockholm from September 9 to 11, , the creation of a Special Committee for Antarctic Research SCAR was approved, inviting the twelve countries conducting Antarctic investigations to send delegates to integrate the committee, with the purpose of exchanging scientific information among its members regarding Antarctica. Both Argentina and Chile expressed that researching during the International Geophysical Year would not give any territorial rights to the participants and that the facilities that were erected during that year should then be dismantled at the end of it.
After the United States proposed to extend the Antarctic investigations for another year, in February , the Soviet Union reported that it would maintain its scientific bases until the studies that were carried out were completed. Negotiation of the treaty Edit Scientific bases increased in international tension concerning Antarctica, and the danger of the Cold War spreading to that continent, caused the President of the United States, Dwight D.
Eisenhower , to convene an Antarctic Conference to the twelve countries active in Antarctica during the International Geophysical Year, to sign a treaty. In the first phase, representatives of the twelve nations met in Washington, who met in 60 sessions from June to October , to define the basic negotiating framework.
Still, no consensus was reached on a preliminary draft. In the second phase, a conference of the highest diplomatic level was held from October 15 to December 1, , the date of the signing of the treaty. The central ideas with full acceptance were the freedom of scientific research in Antarctica and the peaceful use of the continent. Still, their demilitarization and the maintenance of the status quo also had consensus.
The positions of the United States, the Soviet Union, the United Kingdom, and New Zealand coincided in the establishment of an international administration for Antarctica, proposing the latter to be within the framework of the United Nations. Australia and the United Kingdom expressed the need for inspections by observers, and the second proposed the use of military means for logistics functions. Argentina proposed that all atomic explosions be banned in Antarctica, which caused a crisis that lasted until the eve of the firm, since the United States, along with other countries, intended to ban only those that were made without prior notice and without prior consultation.
The signing of the treaty was the first arms control agreement that occurred in the framework of the Cold War, and the complaining countries managed to avoid the internationalization of Antarctic sovereignty. 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. The present treaty shall not prevent the use of military personnel or equipment for scientific research or for any other peaceful purposes.
Article II Edit 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 Edit 1. 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; c scientific observations and results from Antarctica shall be exchanged and made freely available.
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 Edit 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.
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 Edit 1. Any nuclear explosions in Antarctica and the disposal there of radioactive waste material shall be prohibited. 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 Edit The provisions of the present treaty shall apply to the area south of degree South Latitude , including all ice shelves, but nothing in the present treaty shall prejudice or in any way affect the rights, or the exercise of the rights, of any State under international law with regard to the high seas within that area. Article VII Edit 1. 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. 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.
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.
Aerial observation may be carried out at any time over any or all areas of Antarctica by any of the Contracting Parties having the right to designate observers. 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.
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 Edit 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; c facilitation of international scientific cooperation 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.
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.
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. 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.
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 Edit 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 Edit 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.
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. Pursuant to Article 1, the treaty forbids any measures of a military nature, but not the presence of military personnel or equipment for the purposes of scientific research.
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