Challenges to Substantive Demilitarisation in the Antarctic Treaty Area

2021 ◽  
Vol 12 (1) ◽  
pp. 172-194
Author(s):  
Alan D. Hemmings
Keyword(s):  
Military Personnel ◽  
Regional Governance ◽  
The West ◽  
Resource Access ◽  
Antarctic Treaty ◽  
Interstate Competition ◽  
Military Activity ◽  
Key Terms ◽  
The Antarctic

The demilitarisation provisions of the 1959 Antarctic Treaty are limited and contingent. Critically, a functional gap is enabled within the key Article I, which both prohibits ‘measures of a military nature’ and sanctions the use of military personnel and equipment in pursuit of ‘peaceful purposes’. None of the key terms and concepts are defined. With increasing focus on and in the Antarctic Treaty Area on interstate competition around resource access and regime control, and in particular the rapidly increasing geopolitical struggle between ‘the West’ and China both globally and within the Antarctic, and the transformation of what military activity actually entails, the existing demilitarisation principles are now inadequate. The failure to update these in the 60 years since the Antarctic Treaty was adopted, the lack of confidence that the historic Antarctic Treaty model of regional governance can itself manage the struggle, and indications over recent years that some states are even increasing the level of military entanglement with their Antarctic programmes, suggest it is now timely to reassess and respond to the case for substantive demilitarisation in the Antarctic Treaty Area.

Convention on the Regulation of Antarctic Mineral Resource Activities: a major addition to the Antarctic Treaty System

Polar Record ◽  
1989 ◽  
Vol 25 (152) ◽  
pp. 19-32 ◽  
Author(s):  
Peter J. Beck
Keyword(s):  
Mineral Resource ◽  
New Zealand ◽  
Future Development ◽  
Political Development ◽  
Significant Development ◽  
Antarctic Treaty ◽  
Key Terms ◽  
The Antarctic ◽  
Antarctic Environment ◽  
Antarctic Treaty System

AbstractIn June 1988, at the final session of the Fourth Special Antarctic Treaty Consultative Meeting in Wellington, New Zealand, the Convention on the Regulation of Antarctic Mineral Resource Activities (CRAMRA) was adopted, bringing to a successful conclusion six years of negotiations. Christopher Beeby, chairman of the discussions, presented the convention as the most important political development affecting Antarctica since the 1959 treaty, especially as it established the ability of the Antarctic Treaty System to reach an internal accommodation even upon matters raising serious political, legal, environmental and other issues. There remain uncertainties regarding the future development of the Antarctic minerals question; for example, when will the minerals convention and the proposed institutional framework come into effect, will its ratification encourage mining, can the fragile Antarctic environment be adequately protected against mining, how will certain key terms and concepts be defined, and will the regime's operation bring latent tensions to the surface? It is also difficult to predict how other governments will react to the convention, in the light of recent UN resolutions on Antarctica. The convention is perceived within the Antarctic Treaty system as a significant development, but it will be some time before a considered evaluation of the Antarctic Minerals Regime can be conducted.

The settlement of disputes under the Protocol on Environmental Protection to the Antarctic Treaty

Polar Record ◽  
1995 ◽  
Vol 31 (179) ◽  
pp. 399-408
Author(s):  
Martijn Wilder
Keyword(s):  
Early Stage ◽  
Comprehensive System ◽  
Potential Conflict ◽  
Peaceful Settlement ◽  
Antarctic Treaty ◽  
Military Activity ◽  
Settlement Of Disputes ◽  
The Antarctic ◽  
Antarctic Environment ◽  
Extensive Damage

ABSTRACTSince the Antarctic Treaty came into operation, Antarctic affairs have been characterised by international cooperation. The major issues of potential conflict, namely sovereignty, military activity, and mining, have now been largely removed. As a result, the remaining disagreements between parties have been resolved through consultation and negotiation. No dispute has ever found its way to judicial settlement, with most disagreements usually resolved at an early stage through ATCMs. While there is no reason to suspect that the use of consultation and negotiation will not continue, with the introduction of far more comprehensive measures for the protection of the Antarctic environment, combined with the significant increase in activity in and around the continent, there is a greater likelihood of situations occurring that clearly breach these principles or give rise to a dispute. In addition, where extensive damage to the environment has already occurred, negotiation may be limited, so that the other mechanisms for settling disputes must be instituted. The dispute procedures of the Protocol, taken almost entirely from CRAMRA, represent the most comprehensive system for the peaceful settlement of disputes arising in any Antarctic instrument to date. However, clear problems such as remedies, enforcement, and uncertainties with respect to standing and liability remain. Until these problems are resolved, all aspects of all disputes cannot be covered, and comprehensive protection of the Antarctic environment specified in the Protocol will remain an objective, not a reality.

The Soviet Union and the Antarctic Regime

1984 ◽  
Vol 78 (4) ◽  
pp. 834-858 ◽  
Author(s):  
Boleslaw A. Boczek
Keyword(s):  
United States ◽  
Soviet Union ◽  
The United States ◽  
Science Literature ◽  
The West ◽  
The Third ◽  
The Soviet Union ◽  
Social Science Literature ◽  
Antarctic Treaty ◽  
The Antarctic

Ever since the Antarctic regime began the third, crucial decade of its existence following the entry into effect of the Antarctic Treaty in 1961, interest in the frozen continent has escalated. This interest has spawned an immense social science literature, which analyzes the diverse legal, political and economic aspects of Antarctica and the surrounding oceans. The Antarctic regime has been universally and deservedly hailed both in the West and, especially, in the East as an unprecedented example of peaceful cooperation among states professing conflicting ideologies and, one might add, belonging to adversary alliances—as witnessed especially by the participation in the regime of the two superpowers, the United States and the Soviet Union. Yet much of the pertinent scholarly writing devotes primary or exclusive attention to the position of the United States within this regime; except for incidental references in some works, not one study has appeared anywhere that deals with the position of the Soviet Union on major substantive issues arising within the context of the Antarctic regime. This study will attempt to fill this gap by comprehensively examining the topic of Soviet participation in the affairs of the southern continent.

scholarly journals “Logrolling” in Antarctic governance: Limits and opportunities

Polar Record ◽  
2020 ◽  
Vol 56 ◽  
Author(s):  
Jeffrey McGee ◽  
Bruno Arpi ◽  
Andrew Jackson
Keyword(s):  
Marine Protected Areas ◽  
International Institutions ◽  
Marine Resources ◽  
International Governance ◽  
Short Term ◽  
Current Case ◽  
Antarctic Marine ◽  
Antarctic Treaty ◽  
Kunlun Station ◽  
The Antarctic

Abstract The Antarctic Treaty System (ATS) is considered a successful example of international governance as it has managed tensions over sovereignty claims, avoided militarisation and dealt with marine resources and environmental protection. Recently, China’s influence and assertiveness in many international institutions have significantly grown. What effect this shift in the international politics will have upon Antarctic governance remains to be seen. However, to further thinking on this issue we explore two current case studies that reveal pressure points within the ATS. First, in the Commission for the Conservation of Antarctic Marine Living Resources, Australia has proposed marine protected areas off East Antarctica, to which China and several other states have objected. Second, in the Antarctic Treaty Consultative Meetings, China has proposed special management arrangements for the area around the “Kunlun” station, to which Australia and several other states have objected. Negotiation theory suggests “logrolling” (i.e. trade of mutual decision-making support across issue areas) can be an effective strategy to avoid diplomatic deadlocks. We therefore consider the merits of a logrolling strategy for the above issues. We find that while a logrolling strategy in the ATS might facilitate short-term diplomatic success, it would carry significant risks, including the weakening of existing norms.

An international hierarchy of science: conquest, cooperation, and the 1959 Antarctic Treaty System

2021 ◽  
pp. 135406612110338
Author(s):  
Joanne Yao
Keyword(s):  
International Relations ◽  
20Th Century ◽  
International Institutions ◽  
Social Performance ◽  
Early 20Th Century ◽  
Antarctic Treaty ◽  
The Antarctic ◽  
International Status ◽  
Antarctic Treaty System

The Antarctic Treaty System (ATS), created in 1959 to govern the southern continent, is often lauded as an illustration of science’s potential to inspire peaceful and rational International Relations. This article critically examines this optimistic view of science’s role in international politics by focusing on how science as a global hierarchical structure operated as a gatekeeper to an exclusive Antarctic club. I argue that in the early 20th century, the conduct of science in Antarctica was entwined with global and imperial hierarchies. As what Mattern and Zarakol call a broad hierarchy, science worked both as a civilized marker of international status as well as a social performance that legitimated actors’ imperial interests in Antarctica. The 1959 ATS relied on science as an existing broad hierarchy to enable competing states to achieve a functional bargain and ‘freeze’ sovereignty claims, whilst at the same time institutionalizing and reinforcing the legitimacy of science in maintaining international inequalities. In making this argument, I stress the role of formal international institutions in bridging our analysis of broad and functional hierarchies while also highlighting the importance of scientific hierarchies in constituting the current international order.

Conservation in the Antarctic

1977 ◽  
Vol 279 (963) ◽  
pp. 97-104 ◽  
Keyword(s):  
Southern Ocean ◽  
Control Measures ◽  
Falkland Islands ◽  
Voluntary Agreement ◽  
South Georgia ◽  
Tristan Da Cunha ◽  
Conservation Measures ◽  
Antarctic Seals ◽  
Antarctic Treaty ◽  
The Antarctic

Formidable legal and administrative complexities arise from conflicting claims to jurisdiction and the continued absence of generally recognized sovereignty over much of the region. Existing conservation measures fall into three groups: elaborate laws made by governments claiming Antarctic territories, more restricted laws, and simple instructions for particular expeditions. The Antarctic Treaty, 1959, made it possible to begin coordinating all these separate instruments. No claimed jurisdiction has been surrendered or recognized: each government has started to harmonize its own control measures with the ‘Agreed Measures for the Conservation of Antarctic Fauna and Flora’, 1964. This scheme applied only to land areas and has since been evolving in the light of experience. Although not yet formally approved by all the governments concerned, it is working effectively by voluntary agreement. Different approaches are necessary for conservation of Southern Ocean resources, especially krill. A start has been made with the ‘ Convention for the Conservation of Antarctic Seals’, 1972. There are many outstanding problems: all require effective cooperation between scientific and legal advisers, diplomats and politicians. Mention is made of recent British conservation legislation for South Georgia, the Falkland Islands and the Tristan da Cunha group. Some of the next steps are outlined.

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