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Antarctica Government 1996
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
nonclaimant 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. Nonclaimant
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 Ukraine (1992).
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
freedom of scientific investigation and cooperation shall continue
free exchange of information and personnel in cooperation with the UN and
other international agencies
does not recognize, dispute, or establish territorial claims and no new
claims shall be asserted while the treaty is in force
prohibits nuclear explosions or disposal of radioactive wastes
includes under the treaty all land and ice shelves south of 60 degrees 00
minutes south
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
allows for jurisdiction over observers and scientists by their own states
frequent consultative meetings take place among member nations
treaty states will discourage activities by any country in Antarctica that
are contrary to the treaty
disputes to be settled peacefully by the parties concerned or, ultimately,
by the ICJ
deal with upholding, interpreting, and amending the treaty among involved
nations
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; 14
parties have ratified Protocol as of April 1995
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 nonindigenous 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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