MAIN JURIDICAL AND POLITICAL ASPECTS OF ANTARCTICA
The present Antarctic political situation is a result of the entry into force of the Antarctic Treaty. This international juridical instrument signed at Washington, D.C., on 1 December 1959, entered into force when it was ratified by all the signatory governments, on 23 June 1961. Our country ratified it by the Law N° 15.802.
Signatory original countries were: Argentina, Australia, Belgium, Chile, the United States of America, the French Republic, the United Kingdom of Great Britain and Northern Ireland, Japan, Norway, New Zealand, the Union of South Africa and the Union of Soviet Socialist Republics.
The Antarctic Treaty recognizes two member categories: Consultative Members, that take part with voice and vote in Consultative Meetings (there are 12 original signatory countries and those Nations that have fullfilled all conditions –to carry out research in the Antarctic or to have built a station- and then acquired the status of Consultative Parties); and Adherent Members, that are those Nations that have adhered to the Treaty, that accept and adhere to principles and objectives, although they do not carry out any Antarctic activity.
Main dispositions of the Antarctic Treaty are as follows:
- Use of the continent exclusively for peaceful purposes, the establishment of military bases and fortifications, the carrying out of military maneuvers and the testing of any type of weapons are prohibited,
- Freedom of scientific investigation and international cooperation in Antarctica by promoting, to the greatest extent feasible and practicable, the exchange of information on research projects, scientific personnel and scientific observations and results.
- Provisions of the Treaty shall not be interpreted as: 1) a renunciation by any Contracting Party of previously asserted rights of or claims to territorial sovereignty in Antarctica; 2) a renunciation or diminution by any Contracting Party of any basis of claim to territorial sovereignty of those of its nationals in Antarctica, or otherwise. The Treaty establishes that no acts or activities taking place while the Treaty is in force shall constitute a basis for asserting, supporting or denying a claim to territorial sovereignty in Antarctica. No new claim, or enlargement of an existing claim, to territorial sovereignty shall be asserted while the Treaty is in force.
- Any nuclear explosions and the disposal there of radioactive waste material shall be prohibited. The provisions of the Treaty apply to the area south of 60º South latitude, including all ice shelves.
- A mechanism of inspection is foreseen, under which any Contracting Party has the right to designate observers to carry out any inspection on installations belonging to any other Contracting Party, in order to ensure the observation of the provisions of this Treaty.
- Each Contracting Party shall inform the other Contracting Party of all expeditions, stations occupied and any military personnel or equipment introduced in support to scientific activities; periodical Consultative Meetings are established annually, during which the so-called "Recommendations" are approved. Such Recommendations represent the actual Antarctic legislation that regulate the presence and activities on the continent, since they are adopted by consensus and aim to reach the objectives and principles included in the Treaty. Since the XIX Antarctic Treaty Consultative Meeting held in Seoul, Republic of Korea in 1995, Recommendations were modified by Measures, Decisions and Resolutions, in order to improve the efficacy and transparency of the decision taken process at Consultative Meetings.
The Antarctic Treaty, over more than fourty years of its entry into force, has been complemented by a series of Agreements that have considered some aspects which were not considered during the negociation of 1959 due to some international political problems at the moment.
Agreements that complement the Antarctic Treaty are as follows:
- MEASURES CONVENED FOR ANTARCTIC FAUNA AND FLORA PROTECTION, adopted in Belgium in 1964. Under this "little convention" Antarctica was designated as a "special area of conservation", and "Protected Species", "Specially Protected Areas", and "Sites of Special Scientific Interest" were established.
- CONVENTION FOR ANTARCTIC SEAL CONSERVATION, adopted in London in 1972. Under this Agreement, the catch of seal species was limited, and catch areas and interdiction seasons were designated. Until the present, any commercial catch of seals in Antarctica has been recorded from 1978, year of entry into force of the Convention.
- CONVENTION FOR THE CONSERVATION OF ANTARCTIC MARINE LIVING RESOURCES, was adopted in Canberra, Australia, in 1980 and entered into force in 1982. It is hosted at Hobart, Tasmania, Australia. Its objective is the conservation of all marine living Antarctic resources (fish populations, mollusca, crustaceans, and all living organisms, included birds, and excepted whales and seals that are included in above international agreements).The objective of the Convention is the conservation of the Antarctic marine living resources, conservation being defined as "the rational use" of living resources.
- PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC TREATY, adopted in Madrid in 1991. This Protocol supplements the Antarctic Treaty but it does neither modify nor amend that Treaty; it does not derogate from the rights and obligations of the Parties to this Protocol under the other international instruments in force within the Antarctic Treaty System.
Under the Protocol, Antarctica has been designed as "Natural reserve devoted to peace and science". It prohibits any kind of activity relating to Antarctic mineral resources; this prohibition is realized for the further fifty years.
The Protocol has five annexes, specially referred to:
- Environmental impact assessment
- Conservation of Antarctic Fauna and Flora
- Waste disposal and waste management
- Prevention of marine pollution
- Protected Areas System
In order to achieve the observation of international commitments acquired by the Argentina Republic, since the signature of the Antarctic Treaty and its active participation in the Antarctic Treaty System, in 1990 the Decree N° 2316 enters into force. It establishes the "Antarctic National Policy", by fixing the interests of the Argentina Republic in the Antarctic continent in general and in the sector whose sovereignty is recovered in particular.
SCIENTIFIC COMMITTEE ON ANTARCTIC RESEARCH
The international scientific activity is regulated by the Scientific Committee on Antarctic Research (SCAR) created in February 1958, with the same countries that have signed the Antarctic Treaty. SCAR is organized by an Executive Committee with 4 members that are renewed every 4 years. In 2002 its organization was reviewed, and 3 standing working groups were established (Geosciences, Physical Sciences, and Life Sciences), and 3 standing committees (Standing Committee of the Antarctic Treaty, Data Standing Committee and Finance Standing Committee).
MEETING OF LATIN-AMERICAN ANTARCTIC MANAGER PROGRAMS
Within the frame of a community model of common work, the Antarctic National Policy emphasizes the scenario of a South American Antarctica in order to, with our Latin-American friends, we encourage a common task for the benefit of all us.
Under this cooperation spirit, the Meeting of Latin-American Antarctic Manager Programs (RAPAL) works since 1990 on the initiative of Argentina. These meetings are hold each year in Latin-American countries with Antarctic activity and they focuses in enhancing a regional forum which allows to coordinate and optimize resources between their national programs. Following countries take part in such meetings: Argentina, Brazil, Chile, Ecuador, Peru, and Uruguay.
In short terms, RAPAL is a reflexion forum, a cooperation space and a concert mechanism.
Since 7 September 2004, the Permanent Antarctic Treaty Secretariat office has begun its operations in Buenos Aires City, 848, Leandro N. Alem avenue, 8th floor.
This Secretariat will provide, under the direction and supervision of the Antarctic Treaty Consultative Meeting (ATCM), assistance for secretariat meetings in the frame of the Antarctic Treaty and the Protocol on Environmental Protection, information exchange between the Parties, set up, maintenance and development of important data bases for the functionning of the Antarctic Treaty and the Protocol, information distribution between the Parties, collection, maintenance and publication of ATCM and CEP (Committee of Environmental Protection) proceedings and information available on the Antarctic Treaty System, among others.
|
