Antarctic Treaty System

The Antarctic Treaty System grew out of international cooperation during the International Geophysical Year of 1957–1958, when scientists from a number of countries were active in and around Antarctica. Twelve countries signed the Antarctic Treaty in Washington on 1 December 1959; it entered into force on 23 June 1961. The Treaty applies to the area south of 60° south latitude, including islands and ice shelves, without affecting states' rights regarding the high seas under international law. It provides a common framework for activity in a region where national territorial positions differ.

The Treaty requires Antarctica to be used for peaceful purposes. It prohibits military measures such as military bases, maneuvers and weapons testing, but does not prevent military personnel or equipment from being used for scientific research or another peaceful purpose. Nuclear explosions and the disposal of radioactive waste are prohibited. Scientific investigation and cooperation continue, with parties exchanging scientific observations and results and making them freely available. The Treaty also provides for inspections of Antarctic areas, stations, installations and equipment to help check observance of its rules.

The Treaty did not settle the competing sovereignty positions in Antarctica. Instead, Article IV preserves the status quo: activity under the Treaty cannot create or strengthen a claim or serve as a basis for denying one, and no new claim or enlargement of an existing claim may be asserted while the Treaty is in force. The Antarctic Treaty Consultative Meeting (ATCM) is the forum for parties to exchange information and consider measures. It has met annually since 1994. A party can gain consultative status by demonstrating substantial scientific activity in Antarctica. Consultative Parties alone take part in decision-making; measures, decisions and resolutions are adopted by consensus, although their legal effect differs by type.

The ATS is broader than the 1959 Treaty alone. It includes decisions and measures adopted at consultative meetings, the 1991 Protocol on Environmental Protection, and related agreements such as the Convention for the Conservation of Antarctic Seals and the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR). CCAMLR, signed in 1980 and in force from 1982, provides for conservation and rational use of marine living resources and takes ecosystem effects into account. Together, these instruments address political cooperation, environmental protection and the management of wildlife and marine resources.

The Protocol on Environmental Protection to the Antarctic Treaty was signed in Madrid on 4 October 1991 and entered into force in 1998. It designates Antarctica a natural reserve devoted to peace and science, sets principles for human activity and prohibits activities relating to Antarctic mineral resources except scientific research. The Protocol does not expire in 2048. After the first fifty years from its entry into force, a Consultative Party may call for a review conference under the Protocol's terms; a review is not an automatic end to the agreement or its mineral-resource prohibition.

1957–1958: The International Geophysical Year brings extensive international scientific activity in Antarctica. 1 December 1959: Twelve countries sign the Antarctic Treaty. 23 June 1961: The Treaty enters into force. 1972 / 1978: The Antarctic Seals Convention is signed / enters into force. 1980 / 1982: CCAMLR is signed / enters into force. 4 October 1991 / 1998: The Environmental Protocol is signed / enters into force. 1994: ATCM meetings begin to be held annually.