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5/3/1960 - The Antarctic Treaty by John Hanessian, Jr.

NOT FOR PUBLICATION INSTITUTE OF CURRENT WORLD AFFAIRS JH Scott Polar Institute Cambridge England The Atarctic Treaty Ma Mr Richard Nolte xecutive Director Institute Current World Affairs Madison Avenue New York New York Signed December I Washington extraordinary international treaty being examined ratification governments twelve countries including United States Soviet Union Included treaty which provisions erning entire continent covering almost exactly earth important principles complete itarlzation banning nuclear explosions These agreements reached after months patient negotiations initiated U S Department State provide basis important future international accords topical subjects general disarmament space With analysis treaty interest I C W A family readers I departing somewhat usual practice incorporating newsletter article I completed request German periodical Archiv This article translated German together treaty appear June July issue journal With regards Yours sincerely John Hanessian Jr John Hanessian Jr On December I following conference nations signed Washington treaty unique modern diplomatic The utarctlc Treaty which first negotiated during series preparatory metlngs applies entire tinent million square kilometers extent larger Europ United States combined interesting aspect Treaty reflects important mltilateral convention signed United States Soviet Union since World War II except Treaty setting International tomic Energy gency In tarctic Treaty provisions which further international agreements extremely knotty problems space general disarmament Major stipulations Treaty contain following principles governing future national activities Antarctica guaranteed militarization prohibition nuclear explosions freezing national territorial claims rights unprec edented system unilateral inspection tarctica observers signatory nation reservation tarctica peaceful purposes continuance international scientific cooperation which characterized International Geophysical Year I G Y The Conference called draft Treaty convened initiative U S Government On Lay President Eisenhower announcing dispatch diplomatic notes simultaneously countries inviting partlcipte treaty conference stated The United States dedicated principle tarctica shall peaceful purposes To ntarctica coming object political confllct Uni_ted States invited eleven other countries including Soviet Union I confer effective Joint means keeping mtarctica nations conduct scientific other peaceful activities there under I earlier unsuccessful proposal United States August internationalization ntarctica US S R those nations active tarctic affairs Although Soviet Union dispatched expedition ntarctica since cruise kmiral Bellingshausen undeniably important exldition tarctic history reacted omission announcing June U S S R agree question regime tarctic should decided ithout their participation For official Soviet statement Pravda Moscow June English version U S R nfgrmat Bu No Jun Joint administrative arrangements which would ensure successful accomplishment these other peaceful purposes The following nations invited Argentina Belgium Chile France Japan NewZealand Norway UnionofSouthAfrica U B R United Kindom Australia All participating dinated research program being crried Antarctica during I G Y After emphasizing desirability assuring continuation internatienal scientific cooperation manifested during I G Y U S Note argued arrangement could additional advantage preventing unnecessary undesirable political rivalries Antarctica avoiding conomic expenditure funds defend individual national interests recurrent possibility international misunderstanding The Note included formula planned circumvent obstacle defeated earlier proposals internationalization It believed treaty concluded without requiring perticipating nation renounce whatever basic historic rights Antarctica whatever claims sovereignty asserted It could specifically provided basic rights claims would remain unaffected while treaty force rights would acquired claims country during duration treaty legal statusuin Antarctica would frozen For President Eisenhower statement U S Note U S Proposes Conference Antarctica DeDartment State Bulletin Vol No June The United States required surrender national claims rights continent being placed under United Nations trusteeship arrangement eight interested states governing authorities This requirement proved completely acceptable recipients U S proposal A subsequent counter proposal offered Chile Esoudero Proposal would created modu____gsv arrangement outside United hrations loosely organized international control membership which would limited representatives participating states Discussed spasmodically failed sufficient adherents conference For U S proposal Dsartment State Bulletin Vol No September Although reaction U S Nots countries New Zealand Australia United Kingdom iediately favorable considerable heated discussion place South American countriss Argentina Chile For exampl B Chile U S stated reference joint administrative arrangements mentioned Note obligation reject system Jhtever interntlonal administration Antarctica As notes acceptance several countries received during May there considerable speculation concerning reply U S R It received June expressed remarkable agreement principles U S Note The Soviet memorandum noted tisfactlon successful operation I G Y stated Soviet Government prepared render possible development interntlonal scientific cooperation tarctic future The Soviet reply insisted complete militarizatlon freedom scientific investigation throughout ntire Antarctic reglon After noting imlrtant rojected international agreement should prevention interntional misunderstanding could hinder successful scientific investigations SovietGovcrnmentrestated andemphasized position taken earlier occasions5 regarding reservations question itorial claims tarctica The Soviet Government considers necessary state again recognized cannot recognize Jful separate settlaent question regarding state Jurisdiction Lntarctic Soviet Government reserves rights based discow explorations Russian navigs scientists including right present appropriate territorial clsims tarctic The 9ature ntarctic Text Soviet Embassy Reply United States State Department _spvie_N_9s June See example Resolution Geographical Society U R February Text Pravda Februa Soviet June s_u_pra For detailed discussions Soviet political legal attitudes Antarctica foludtsov SV So_vremennoye m_ezhdur0_dno ravov_0ye pol0z_heniye tarktiki Pr itarct internation stats Publishlng Juridical Literature oscow Durdenevs V Problema Pravovogo Rezhima Pripolyarnykh Oblastei The Problem L Status Polr Regions es_tDMosk0vskQ Uniy_rsit No July Toma P Soviet Attitude Toards uisition T rritorial Sovereignty ntectic merican Journal Inter aig_n L Vol No July On June Depytment State announced eleven nations accepted U S invitation participate proposed treaty conference Consultations regarding draft treaty began almost immediately Washington These negotiations conducted chafing preparatory meetings during June October carried informally complete secrecy remarkable perfor mance which allowed frank discussion compromise As Washington talks continued India submitted third proposal entire subject tarctica should cussed United Nations General ssembly bassador rthur S Indian rpresentative United Nations stated memorandum In interest knoledge about countries including India partic ularly interested meteorological aspects implications happens tarctica would appropriate timely nations agree affirm utilized peaceful purposes welfare whole world The Government India believe lirited purpose achieved without nation renouncing rights claim tarctica action proposed taken world community whole Th feeling ashington discussion subject United Nations would formation aneous issues nations really interested subject India objectives would reached treaty preparing India proposal shelved another significant trctic event during mnmer second meeting Moscow interna_tionally organized Special Committee tarctlc Research S C L R It session polar scientists world learned U S S R tentlon expand tarctic exploration research progrm trmination I G Y December United lations Document No July Created International Council Scientific Unions facilitate I G Y international scientific cooperation rctica since considerable success continuing cooperative spirit manifested during I O Y For summary I G Y I O Y international conferences dealing mtarctica Hanessian John Lntarctica Current National Interests Legal Rallties Proceedi ofthe rlconSo_clety Intrn La yearly Scott Polar Rs Institute Cambridge England In received Geneva EastWest reached regard fesability monitoring cessation nucleer weapon tests This optimism among prticlpants Jtrctic talks there feeling could completed would entire continent politicel problems could constitute important steptow peace weaken nationalistic riers agreemento controversil problems The conferees however faced multltuds serious problems strong nationalist feeling entina Chile against solution theft would require relinquishment their ntarctic territories reluctance nations specially irgentlna Lustralia Chile accept proviso administrative opposition stats principle complete militarlzation mtarctica concomitant rights inspection mmberShip treaty ference U S S R Japm urging widest possible partlc ipationand others insisting conferees limited states disagreement application proposed treaty whether provisions should included cover economic xploitation Despite differences merglng during these preliminar discussions considerable optimism prevailed May Department State formally annonced Lntarctic Treaty Conference would begin October Washington lthough there still agreed draft treaty conference vened planned Following welcoming address Secretsry State Herter first plenary session number important opening resses heads various delgatlons Dring these speeshes opportunity public forum state traditional national positions regarding ntarctica gntine bassador iolfo Scilingo emphasized Conference called primarily provide exclusive peaceful tarctica development scientific cooperation region He indicated government strong felings regarding This question raised explicif4y Lpril Polish Embassy Washington simUltaneous notes participating governments describing Poland direct interest tarctic problems asking right included discussions The request based strength accomplished Polish group scientists accompanied Soviet Expedition During austral season U S S R formally transferred Pol Oazis Station Lntarctica January However Polish group rmained before leaving continent departing Soviet ships maintenance legal st_S_u This conference convened institute regimes create structures ission change alter anything nothing affect disregard rights The Chile stressed policy country Chilean tarctic Territory character colonial possession metropolitan territory forms southernmost province Chile could acc9ptany formula might imply internationalization itarctic territory Australian Foreign inister Casey taking opportunity revie detail history Australian tarctic exploration insisted mission conference ensure continuing scientific cooperation Jmtarctica The Belgian delegate lmited remarks phasizing right country attend conference French bassador Pierre Charpentier addition affirming Franc rights approval _llitary neutralization ntarctic region stating argument controlled ilitary neutralization ntarctic should instituted convention The gneral principl originally outlined President Eisenhowr Fray accepted without rsrvation Norwegian South fricm New Zealand delegates The latter referr several speeches during Prime Pinister Nsh advocating inter national action ntarctica New Zealand would further state The Ne Zealand Government would prepared consider relinquishnent national rights claims tarctica establishment completely inter national regime tectica would require countries forego their national clans basis fully effectiw administration whole tarctica could achieved ministration which could coordinate activities ensure manent neutralization Vasili uznetsov First Deputy Foreign Minister U S S R spoke extrezely cooperative Soviet Delegation He referred historic visit hruschv United States important contribution iprov6ment international situation He continued saying Soviet Gov rnment considers there should established tarctica international would contribute strength pening Statement Ne ealand Representativs Conference mtarctlca Document Washington October enlng peace He emphasized Soviet desire ilitarlzatlon tarctca including tsting types weapons The United Kingdom represented Sir Esler Dening spoke specific terms colleagues In address reiterated United Kingdom years favor conchsion agreement between countries actively interested tarctlc He insisted preservation legal statusu necessary prerequisite international agrement strongly urging militarization corollary establishment system observation inspection Sir Esler stated treaty arrangements should effective possible therefore believe treaty should include provisions matters jurisdiction disputes between parties The delegate stressed complex legal problems facing treaty conference Japanese delegate Dbassador Koichiro sakai He pointed drafting envisaged treaty would involve particularly complex elements realm existing principles international freezing territorial claims itarization application established principles international relating territorial waters complex sctualities mtarctica problems criminal civil jurisdiction He concluded optimistic It first history attempt large scale sparsely populated Should succeed provide hopeful precedent solution important problems facing whole world The Conference election Herman Phlegerll U S Del egtion Head permanent chairman Two conittees organized under rotating chairmanship items Conference agenda Committee Scientific Problems Committee Political Legal Problems Stat His Excellency Kolchiro bassad Japan United States Opening Sesslon October Confer ntarctica Document Washington October Phlger Ix dviser U S Department State until Paul C Danlels became acting U S Delegation To Dnie Foreign Service career credit successfully conducting intricate month preliminary negot iations In recalled retirement Secretary State Dulles appointed Adviser tarctlca Department Ls arlier meetings deliberations conferees complte privu Progress first rapid announced Octoh general agreement reached basic principlos forthcoming treaty intern0tional cooperation scintiflc search exchange information about plans scientific programs personnel observations results With U S Soviet delegations lading early agreement reached principle milltarlzatlon togetherth inspection syste assure against unauthorized military activity Prelim inary agrenent attained subject introduced conferenc southern hemisphere nations banning nuclear explosions tarctica During conference meetings major areas contention centered around matters jurisdiction settlement disputes graphical delimitation provisions governing accession treaty Finally December I after weeks intensive otiatlons bargaining Final completed Treaty signed Washington twelve participating nations The event immediately hailed President Eisenhower inspiring example accomplished international cooperatlon significant advance towmd peaceful worldth justice One interesting aspects Treaty which contains preamble articles revival principle unanimity Adopted San Francisco United Nations suffered years In 4tarctic Treaty unanimous agreement needed approval amendments Treaty force invitations states members United Nations accede Treaty recommendations consultative stablished under ticle IX The provisions militariZation which stated brticle I Ther shall prohibited int6r measure milltmry nature might protot uturs agreements spatial problems perhaps serving first towards international agree complex international problems general disarmament important exception principle prohibition itary activity contained ticle I which ermits milltry personnel equipment ftarctica support scientific research other peaceful purpose This provision important United States which military ships aircraft personnel logistic support tarctic scientific program Several basic principles Treaty found ticles II III rhich freedom scientific investigation arctica pplied during International Gophysical Yearl2 promotion international cooperation carrying scientific programs mtrctica exchange scientific personnel information observations results greatest extent feasible practicable The reference establishment cooperative relationships Umited Nations specialized agencies other international organizations included tlcle III intended promote continued success arrangements currently existing S C R Intrnatlonal Whaling Commission World Meteorological Orgnlzatlon International Teleconunlcatlons Union One interesting concepts Treaty contained itlcle IV Instead attempting sttle several outstanding conflicting territorial claims Jtarctlca Treaty effectively freezes thelegalsts Uu Thisrticle withoutwhichthecompletionoftheTreaty would impossible provides there shall renunciation contracting party previously asserted rights claims basis claim terrltorinl sovereignty tarctica In addition activities during course Treaty basis strengthening present potential claims Finally claim enlargement existing claim asserted while Treaty force As multilateral arrangements connection I G Y those agreed governmental national delegations usually representing national science academies somewhat difficult legal definition applied durin International Geophysical Year Although these agreements concerned coordinative arrangements conduct scientific programs there tacit azreement among states participating I G Y dlssslons political nature To remark extent policy adhered successfully There considerable precedent during I G Yfor exchange scientific observers including U S U S S arrangement which continued several yesrs suocessfully The exchange information scientific observations results continuing today governmental level through Data Centers established during I G Y In addition S C L R provides opportunity interchsge infornmtlon concerning I G Y tarctic programs varlou countries though New Zealand perhaps Norway prepared surrender their claizm creation strong international machinory other delegations represented Conference insisted ticle included Treaty N ither United States U S3 R objected inclusion Although neither asserted tarctic claims reserved their rights several occasions rights protected As Treaty attempt solve potential thorny problem might arled trouble merely being postponed However provision effect least years ultimately permit claims problem wither Although would inconsistent general intention signatory states there appear restriction Treaty preclude contracting rties asserting Joint claim stake entire continent The latter possibility which occasions suggested ultimate solution future It would effective sealing continent activities signutory states contravention principles Treaty At present weakest aspects Treaty effect whatever signatories As Treaty applies contracting states there nothing prevent other country carrying military activity exploding nuclear weapons tarctica It however nations other countries accede Treaty under stipulations given rticle XIII qualify entitled participate meetings vided under ticle IX right which reserved riginal states those qualify conducting substantial scientific research activity Antarctica ticle IX Al nuclear explosions tarctica disposal there radio active waste prohibited under ticle V least until conclusion general international convention these subjects contracting parties signatory unique aspect Treaty inspection system provided under ticle VII ysignatory state given unilateral right designate nationals official observers Each obsorver shall complete freedom access areas tarctica including AI stations equipment ships aircraft discharging embark cargo personnel tarctica In addition aerial obserwtlonzbe conducted areas This provision markedly stronger hitherto attempted represents significant achievement It serve model future In extremely detailed provisions other inspection systems example Korea Vietnsa caused frustrations One troublesome issues facing Treaty conferees problem demarceting liits application Treaty though whole continent tarctica south atitude nuibr isluds normally connected tarctic research exploration located considerably further north The United Kingdom always anxious concerning islands located kilometer Drake Passage South nerica South Shetlands claiBd Brltin gentlna Chile South Orkneys claimed Britain gentina South Georgia little further A complicating factor always gBographers never agree precise definition tarctica The ftarctic Circle Latitude little Context especially atarctic mainland north Circle Some limit mainland closely lying offshore islands others lizits bounded oceanographic Lntarctic Convergence still others would include tarctic islands Lfter considerble discussion application fixed rticle VI include south South Ititude including sbelv Thus Treaty includes South Shetlands South Orkneys omits disputed F Ikland Islands follo major mtarctic islands South Sandwich South Oorgia Kerguelen iarion Macquarie Howard Campbell Bouvet Gough Crozet Ice shelves which thousands square kilometers ex_nt carefully included ticl3 VI several stations currently being operated situated These shelves character which never determined although reaching thicknesses meters essentially floating water manner icebergs attached continental shore Questions jurisdiction covered rticle VIII Official observers scientific personnel together their staffs shall subject urisdiction contracting which nation0ls respect omissions occuring while qtarctlca purpose exercising their functions This provision neatly avoids solution questions operates courts jurisdiction criminal civil offenses itted national contracting party against nationsl another indeed against national signatory country Thus jurisdiction great scientific support personnel arctic stations continu0s exercis6 state controlling given station Pending adoption further measures contracting parties disate rgard exercis jurisdiction tarctica required iuediately consult together reaching atually acceptable solution rticle VIII These questions relating exercise jurisdiction tarctica discussed representatives signatory states Cnberra meetings provided under rticle I If dispute arises between contracting parties concerning interpretation application present Treaty contracting parties under ticle XI required resolve negotiation inquiry mediation conciliation arbitration Judicial settlement other peaceful means their choice Should procedure unsuccessful issue referred International Court Justice consent rties dispute If there failure reach agreement reference Court parties asked continue resolve dispute Thus little progress toward mandator reference In ternational Court which important future peaceful conduct international relations Ldinistrative machinery provided under ticle IX Considerably we2er hoped delegations arrangement could mutually agreed during Conference To established consultative group composed representatives countries The which given given authority Brely purpose exchanging irformation consulting together matters common interest pertaining tarctlca formulating considering ozmendlng their governments measures furtherance principles objectives Treaty Even commendatlons Bnanimous agreement rquired recommendations2to become effective ratified every signatory GovrnmntA Subject matter discussions include following ntarctlca peaceful purposes facilitation scintlfic inntarctlca facilitation international scientific cooperation ftarctica facilitatio exercls rights inspection provided ticle VII Treaty stlons relating exercise jurisdiction atarctica ervation conservation living resources fmtarctica RepresBntatives original signatories suitable intrw places beginning Canberra within months entry force Treaty Additional states acceding Treaty allowed participate these meetings during priod which demonstrate their interest tarctica conducting substantial scientific research activity there establishment scientific station dispatch entific expedition Although specifically stated usually stabllshment operation round station tarctlc continent Presumably conduct singl expedition llmitd weeks duringon austral sumer would insufficient zebrship During Conference prolonged contention rsulted problem accession Treaty Som delegations United Kingdom U R favor broad accsslon while others ustralia inclined favor limited membership There following formula multilateral conventions concluded under United Nations auspices opening Treaty access mindd countries members United Nations Specialized encies Finally modified version latter approach adopted Under ticle XIII I Treaty accession State which membr United Nations other State which invited accede Treaty consent Contracting Parti6s It required under ticle X contracting country ropriate efforts consistent Charter United Nations engages activity tarctica contrary principles purposes present Treaty The would appear somewhat broad It difficult intsrl obligation signztory state observes another state committing action contrary principles Treaty other bringing matter group cussion ticle IX group If offendor signatory state nothing except bring matter attention U N This brings attention significant weakness Treaty absebce sanctions applicable signatory state which violates Treaty provisions It unlikely Treaty collapse tuality More probable would attempt discuss problem consultative group failing there exclude offendor further cooperation within Treaty A complex question raised group contracting makes further agreement example Ith respect exploitation mineral resources which opposed remaining contracting parties other group discussion there little Although Treaty would violated technically action spirit cooperation envisaged Treaty makers would considerable weakened Treaty itself rendered ineffectual The Treaty modified amended tiros under ticle XII unanimous agreement among contracting parties whose representatives entitled participate meetings provided under ticle IX other contracting party option either ratifying amendment within years withdrawing Treaty The Treaty force after unanimous ratification signatories Ls termination given Treaty remain force indefinitely But after years contracting parties right request conference signatories review Treaty If change proposed rejected state Treaty years later During present period while Governments process ratifying Treaty expected ratifications received representatives nations already meeting Washington provided Final Act Conference Considerable optimism prevails As Soviet representative Kuznetsov stated signing Treaty This Treaty additional evidence States ready cooperate successfully achieve through negotiation mutually acceptable solutions international problems interest universal peace progress