Antarctic contract
That Antarctic contract is an international agreement, those specifies, that the uninhabited Antarctic south 60. Degree southern latitude excluding peaceful use, particularly the scientific research, remains reserved. With this Contract should to the International Geophysical Year 1957/1958 are tied. While this period different states had informed themselves on common research in the Antarctic. The Antarctic contract was the first international agreement after that The Second World War.
The avowed goals of the Contract mean, that into of Antarctic the ecological equilibrium is to be protected; any military operation is forbidden. Also the soil treasure dismantling is forbidden, there the necessary ports, Mines etc.. enormous effects on the Antarctic and therefore on the global Climate would have. A further point means, that the information by scientists among themselves to be exchanged must.
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Contracts
The Antarctic contract system (Antarctic Treaty system) is a network of international agreements over the affairs of the Antarctic with different following agreements, on basis of the basic contract were locked.
That Contract became to 1. December 1959 in Washington, D.C. signed and stepped to 23. June 1961 in strength. A goal of the agreement is it, those Antarctic to use for peaceful purposes, to promote international co-operation and to support the scientific research. It is not to form a platform for international disputes.
Subsequent contracts of the agreement of 1959:
- CCAS Convention for the preservation of the Antarctic seals (Convention on the Conservation OF Antarctic Seals) 1972
- CCAMLR Convention over the preservation of the living sea treasures of the Antarctic (Convention on the Conservation OF Antarctic navy Living Resources) 1980
- Environmental protection minutes to the Antarctic contract (Protocol on Environmental Protection ton the Antarctic Treaty) 1991
International law
In the Antarctic contract those states agree, the requirements or requirement reservations in that Antarctic have, to let and on the economic exploitation or military use do without rest their requirements for territorial, in order the Antarctic to investigate instead together scientifically. The initiative for the present Treaty proceeded from the International Geophysical Year 1957/58.
The contract loads all states of the world in, to take part in the scientific study of the Antarctic. Konsultativmitglied also Right to vote can become, who joined the contract and durably substantial research in the Antarctic operates.
1961 entered into force, it actually ended 1991, however up to the year 2041 one extended. The Antarctic contract system covers meanwhile three further supplementary protocols and contracts. It is one of the largest international environmental protection projects, that is actually successful.
In International law the Antarctic overlap the right justified in the Antarctic contract system with the international Maritime law, the conventions for use of the Bottom of the sea and of the Space, as well as the conventions to Environmental protection.
Administration
The "administration" of the Antarctic, it due to the international-law situation does not give actually at all, essentially by two organizations one procures. SCAR combined world-wide with an interest in the Antarctic and the scientific research coordinates all scientific institutions. SCAR has thus the follow-up of the International geophysical yearly taken over.
COMNAP is that Advice of the directors/conductors of the national Antarctic programs and the activity of the authorities coordinates, are responsible for the national Antarctic programs.
To furnish in addition since center the 1980 year tries a secretariat for the Antarctic contract system. The host countries of the meetings of the Konsultativmitglieder of the Antarctic contract (ATCM Antarctic Treaty Consultative meeting) operated the 1990er since years InterNet sides, which the results of the Konsultativtreffen publish. Since September 2004 is the secretariat of the Antarctic contract ATS (Antarctic Treaty Secretariat) furnished in Buenos Aires.
Member states
With the members in Antarctic one One differentiates system between Konsultativstaaten and normal member states. In order to become Konsultativstaat, a state must accomplish substantial scientific research work and furnish a scientific station in the Antarctic or a scientific Expedition send. As Konsultativstaat one is enfranchised with the Konsultativtagungen.
The twelve states, which the Antarctic contract to 1. December 1959 signed, are Konsultativstaaten. These are Argentina, Australia, Chile, France, Great Britain, New Zealand and Norway, which territorial claims raise in the Antarctic, and Belgium, Japan, those Soviet Union (today Russia), South Africa and those The USA, which no territorial requirements in the Antarctic raise.
Since 1961 further 33 states signed the present Treaty, 18 from these became later Konsultativstaaten. Among the Konsultativstaaten rank today, beside the twelve states, those the contract to 1. December 1959 signed, Poland (Member since 1961/Konsultativstaat since 1977), those FRG (1979/1981), Brazil (1975/1983), India (1983/1983), People's Republic of China (1983/1985), Uruguay (1980/1985), those GDR (1974-1990/1987-1990), Italy (1981/1987), Sweden (1984/1988), Spain (1982/1988), Finland (1984/1989), Peru (1981/1989), South Korea (1986/1989), Ecuador (1987/1990), those The Netherlands (1967/1990) and Bulgaria (1978/1998).
The members, since 1961 are those were added Czechoslovakia (1962-1993; today those Czech republic and those Slowakei), Denmark (1965), Romania (1971), Papua New Guinea (1981), Hungary (1984), Cuba (1984), North Korea (1987), Austria (1987), Canada (1988), Colombia (1989), those Switzerland (1990), Guatemala (1991), those Ukraine (1992), those Turkey (1995) and Venezuela (1999). These states are not enfranchised with the Konsultativtagungen.
Konsultativtagungen
So far there is only one control committee in Antarctic Contract system, the Konsultativtagungen (official name is ATCM: Antarctic Treaty Consultative meetings), to 1991 each two years took place, since this time each year take place. At present 27 of the 43 member states holds the Konsultativstatus, D.h. they are enfranchised with these conferences. These states bring their special interest in that Antarctic by substantial scientific research work to the expression.
The topics of the Konsultativtagungen were so far above all the improvement of scientific co-operation, like it in the Antarctic contract is intended, and the institutional development of the Antarctic system. In addition a main topic is also that Environmental protection, for the one set of rules 200 recommendations and measures so from in the meantime over mentioned one created.
The Konsultativtagungen took place as follows:
- Canberra, Australia (1961)
- Buenos Aires, Argentina (1962)
- Brussels, Belgium (1964)
- Santiago, Chile (1966)
- Paris, France (1968)
- Tokyo, Japan (1970)
- Wellington, New Zealand (1972)
- Oslo, Norway (1975)
- London, Great Britain (1977)
- Washington (DC.), The USA (1979)
- Buenos Aires, Argentina (1981)
- Canberra, Australia (1983)
- Brussels, Belgium (1985)
- Rio de Janeiro, Brazil (1987)
- Paris, France (1989)
- Bonn, Germany (1991)
- Venice, Italy (1992)
- Kyoto, Japan (1994)
- Seoul, South Korea (1995)
- Utrecht, The Netherlands (1996)
- Christchurch, New Zealand (1997)
- Tromsø, Norway (1998)
- Lima, Peru (1999)
- St. Petersburg, Russia (2001)
- Warsaw, Poland (2002)
- Madrid, Spain (2003)
- Cape Town, South Africa (2004)
- Stockholm, Sweden (2005)
Apart from these conferences there were also some Sonderkonsultativtagungen such as z.B. in the year 2000, as those The Netherlands of 11 September to 15. September 2000 to a Sonderkonsultativtagung invited, in their center questions of the Environmental protection stood.
Territorial claims
Even if the Antarctic contract forbids territorial claims in the Antarctic, thus there are it, but they "were frozen" with the occurring of the present Treaty as it were. Further territorial claims are not permitted after to the treaty system. Thus the Antarctic contract clarified the political requirements not finally.
Territorial claims become of Chile, Argentina, Great Britain, Norway, Australia, France and New Zealand raised, whereby some requirements overlap; individual surfaces of the Antarctic remain however unstressed. Also occasionally one stated, that those Federal Republic of Germany officially an area in that Antarctic stressed, but it concerned thereby only an overestimation one Order for expedition to the measurement of this area.
Apart from these territorial claims on the mainland that Antarctic exist still further series of requirements on subantarktischen and Antarctic Islands. Thus stress for example Norway those Bouvetinsel and those Peter I.Island and France those Crozet island and Kerguelen.
The remaining members of the Antarctic contract are interested in the Antarctic, make however no territorial requirements valid, separate use the Antarctic only to research purposes, as the contract plans it.
The individual territorial claims that Antarctic are justified as follows by the individual states:
- Great Britain supports its requirements on captures, in earlier time by forschungsreisen were made. Thus z became.B. 1819 the south Shetlands by captain Smith and 1821 the south Orkneys by Powell for that Combined kingdom seized. In addition has Great Britain much for the study of the Grahamland region done and maintains several complete year stations.
- Argentina supports its requirements on the one hand by the administrative steps in the region and on the other hand by the scientific proof, that Grahamland and the pre-aged islands the direct natural continuation South America represent. Argentina is the next adjoining owner of this region. The territorial claims of Argentina have even an own name: "Antartida Argentina". The region is subordinate to the sea-administration of Fire country in Ushuaia; as administrative actions there are several complete yearly stations.
- Chile supports its requirements on its situation as neighboring country and on the scientific proof, that Grahamland the continuation that Anden is. Also that Chilean Territorial claim carries its own name: "Territorio Antarctico Chileno" and is subordinate administratively to the province Magallanes. There are three complete yearly stations, those the army are subordinated.
- Norway supports its requirements on those Bouvetinsel and those Peter I.Island by the fact of the first landing and Flaggenhissung. In addition has Norway the islands measure exactly and map. The islands became 1927 and/or. 1929 under Norwegian Protection posed and the formal Annexion took place 1933.
- France justifies its requirements on the fact of the discovery and capture of 1840. It regulated the administrative affiliation, as these areas 1925 that Governor of Madagascar were subordinated. The areas, which of France are stressed, are called "Terre Adélie" and are subordinate since 1954 the "Ministre de la France d'Outre Mer" in Paris.
- Australia supports its requirements on the fact, that Australian Expeditions these areas investigated and that Australia the natural adjoining owner lain of the southward Antarctic Coast is. The name of this territory reads "Australian Antarctic Territory" and is subordinate to that Australian Federal Government. The administrative actions are three complete yearly stations.
- New Zealand justifies its requirements on the active participation in the research that Antarctic of Australian and British Expeditions. Some ports New Zealand starting point was these Expeditions.
Those The USA on the other hand have, although 1929 Byrd and 1939 Ellsworth in the name of the United States possession seized, this of Congress not to confirm leave. The government of the USA explained, that it territorial claims does not recognize and the entire Antarctic "terra nullius" seie. In addition it demanded, that the Antarctic under the common administration that UN one place.
The earlier Soviet Union no territorial claims placed, but the government required 1950 presence with territorial negotiations. It supported these requirements by the Erstentdeckung of parts of the Antarctic by Bellingshausen 1820.
Territorial possession
The contract does not apply however to the islands north 60. Degree of latitude, geographically to the Antarctic belong, but a political affiliation to quite have know.
- Bouvetinsel : Norway
- Kerguelen : France
- McDonaldinseln and Heard: Australia
- Suedgeorgien: Great Britain and Northern Ireland (of Argentina stressed)
- Southern sand yielding islands: Great Britain and Northern Ireland (of Argentina stressed)
Description of the territorial requirements
The Antarctic was not never formally colonized and has a central government. However some States of territorial requirements raise, these are with indication of the limiting degrees of longitude:
- Argentina (25°W to 74°W, announced 1943, partly overlap with the British, Chilean and Brazilian requirements) as part of the province Tierra del Fuego
- Australia (160°O to 142°O and 136°O to 45°O, 1933)
- Brazil (28°W to 53°W, 1986, overlapped with the Argentine, British and Chilean requirements)
- Chile (53°W to 90°W, 1924, overlapped with Argentine and British requirements)
- France (142°O to 136°O, 1924)
- New Zealand (150°W to 160°O, 1923)
- Norway (45°O to 20°W, 1938)
- Great Britain (20°W to 80°W, 1908, overlapped with the Argentine and Chilean requirements)
No further requirements exist, for the moment but those The USA, Russia and some further states reserve themselves the appropriate right for this.
Old requirements
- Germany (20°O to 10°W, overlapped with the Norwegian requirement, 1939 to 1945)
- South Africa (1963 to 1994)
Environmental protection
The protection that Antarctic with their sensitive Ecological systems for the Konsultativstaaten ever greater importance won. Stood in particular the effects of Mining industry activities in the center. The exploitation that Raw materials the Antarctic became Mines, Industrial plants as well as ports require. This would have negative effects on those Antarctic Environment and thus for the global climate. The estimated occurrences under that 1,7km thicken ice sheet in that on the average Antarctic 45 is billion. Barrel Oil, 115 Bill. m3 gas, Titanium, Chrome, Iron, Copper, Coal as well as those Precious metals Platinum and Gold.
Those 1981 after discussions for many years with the effect of a contractual regulation IV assigned. Sonderkonsultativtagung ended 1988 in Wellington, New Zealand with the acceptance of the text for a resources convention (CRAMRA). This convention left the production mineral Raw materials under strict Environmental standards and controls in individual cases, which had to be approved, too. There itself however France and Australia 1989 surprisingly from this convention withdrew, it could not enter into force no more and it strengthened the voices, for those Antarctic a long-term prohibition of Mining industry activities demanded. Germany followed these voices; it had not signed the CRAMRA.
Thus became 1989 XI. Sonderkonsultativtagung with the elaboration of a comprehensive Environmental protection system assigned. It ended with the acceptance of the Environmental protection minutes (USP) to the Antarctic contract. The USP had four plants: Environmental compatibility tests, Protection of the Antarctic Flora and fauna, Waste treatment and preventing of the marine pollution. 1991 became on the XVI. Konsultativtagung a fifth plant to Antarctic protected areas decided. The USP stepped to 14. January 1998 with the plants I, II, III and IV in strength, since the then 26 Konsultativstaaten had ratified it all.
Minutes of 1991 supplemented that Antarctic contract and a comprehensive justifies Environmental protection system for the 6. Continent, that added the past Antarctic treaty system a new column and for the international cooperation with Environmental protection is exemplary. It covers material and process controls for environmentalfair behavior and contains a prohibition of Mining industry activities. The regulations can be waived only after 50 years to a conference of revision.
Apart from the prohibition of Mining industry activities minutes contain further regulations of relevant importance for the future Environmental protection in that Antarctic. Human acting become by those Environmental protection principles now rules set forward, the paramount ecological meaning of this region for the world climate and those Interests of environmental protection entire mankind to emphasize are. Strong stress becomes on the international cooperation, the execution of punctual and comprehensive environmental compatibility tests for planned enterprises, the verabschiedung of domestic penetration standards, international inspections, Regulations for the damage defense and adhesion for environmental damage in the Antarctic put.
Right expert of the Konsultativstaaten in a working group under German Presidency advised of 1993 to 1998 over adhesion regulations for the addition of minutes. The ninth meeting of the working group ended with a report to the XXII. Konsultativtagung of 26. May to 5. June 1998 in Tromsø, Norway.
On this conference the working group was dissolved, since their mandate as fulfilled was regarded. Since the XXIII. Konsultativtagung in Lima, Peru now about the appendix of adhesion one negotiates.
History
The intensive international cooperation in the context of the international geophysical yearly 1957/1958 did not only carry scientific fruits - also in that Politics the experiences of the common research projects and the again won realizations affected themselves: While so far the states most active in the polar research also always provided for it, to stress new areas in the Antarctic, this should change now.
Already 1948 those had The USA suggested, those Antarctic either that United Nations to subordinate or an organization consisting of eight states. At this time already existed territorial claims of New Zealand, Australia, France, Norway, Great Britain, Chile and Argentina. Further requirements were already foreseeable. In order to prevent, that the Antarctic into a mosaic from territorial claims and Colonies disintegrated, became active the scientists.
On its suggestion developed 1959 an international scientific committee for Antarctic research (SCAR). In this government-independent organization scientists from more than twenty countries should the polar research on international level organize and coordinate.
A milestone of the international still followed this initiative in the same year Politics and Science: To 1. December 1959 signed now government representatives of twelve nations the Antarctic contract. The contract stepped 1961, after the ratification by all signatory states in strength and applied first to 30 years. Since 1991 can changes be decided, if a Konsultativstaat therefore asks. The Antarctic contract ended 1991 however but did not become to 2041 extended.
Subject-matter of the contract
| Article 1 | the area may be used exclusively peacefully; military activities and weapon test are forbidden, military personnel and equipment can be used however for scientific research and other peaceful purposes; |
| Article 2 | the liberty of the scientific investigation and co-operation is to continue; |
| Article 3 | free exchange of information and personnel in co-operation with that UN and other international organizations; |
| Article 4 | no territorial requirements will not be supposed discussed or established and for the duration of the contract new requirements to be announced; |
| Article 5 | nuclear explosions or disposal of radioactive waste are forbidden; |
| Article 6 | The subject of the contract all land and ice surfaces are southern of 60. Degree of latitude; |
| Article 7 | Observers from Contracting States enjoy free entrance, including air observation, to all areas, Mechanisms and equipment; all activities and the employment of military personnel must be announced in advance; |
| Article 8 | Observers and scientists are subject to the iurisdiction of their own states; |
| Article 9 | regular consultation meetings between the member states are to take place; |
| Article 10 | the member states are to try, all activities in that Antarctic to prevent, those the contract contradict; |
| Article 11 | possible controversy is of all parties concerned peacefully delivered and if necessary of International Court of Justice are decided; |
| Article 12-14 | treat the support, Interpretation and addition of the contract between the nations involved. |
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