scholarly journals Tripartite periodization of the Antarctic Treaty System from a systemic perspective

2019 ◽  
Vol 28 (56) ◽  
pp. 37-56
Author(s):  
Mônica Heinzelmann Portella de Aguiar
Keyword(s):  
Decision Making ◽  
International Cooperation ◽  
Scientific Research ◽  
International Regime ◽  
Decision Making Processes ◽  
Antarctic Treaty ◽  
The Antarctic ◽  
Antarctic Treaty System

In 1959, twelve countries with a strong record of interest in Antarctica signed a Treaty allowing accessibility to all signatories wishing to conduct peaceful scientific research. The Antarctic Treaty established science and international cooperation as its cornerstones but raised controversies because of its hosting of sovereignty claims over Antarctic territory. This research aims to fill a gap in literature proposing a strict periodization of the Antarctic Treaty System under a systemic perspective. The paper also examines Brazil's accession into the Treaty. Using as indicators of legitimacy the increase in membership and the transparency of decision-making processes, the author argues that the Antarctic Treaty System has become recognized as a legitimate international regime.

Developing an Iranian Antarctic Science Roadmap: A Legal and Policy Outlook

2019 ◽  
Vol 10 (1) ◽  
pp. 435-454
Author(s):  
Zia E. Madani ◽  
Julia Jabour
Keyword(s):  
Scientific Research ◽  
Strategic Plan ◽  
Geographical Proximity ◽  
Law And Policy ◽  
Number Of Factors ◽  
The Status ◽  
Antarctic Treaty ◽  
The Antarctic ◽  
Preparatory Work ◽  
Antarctic Treaty System

The Antarctic offers unique opportunities to scientists in many disciplines for improving understanding of regional and global conditions. The governing Antarctic Treaty has 53 State Parties, many of which do not have geographical proximity to the continent. However, the importance of various disciplines of science and many other factors, urge them to participate in the Antarctic scientific activities. Therefore, it is not surprising that Iran is considering participation in Antarctic scientific research, and it has now set processes in motion to join these states in their endeavour to undertake research in Antarctica and contribute to its governance. Iran will develop a strategic plan prior to the commencement of its Antarctic activities, outlining its vision and objectives of an Antarctic program, as well as the financial and logistical implications, and is currently undertaking preparatory work that will culminate in the drafting of an Antarctic strategic plan. In doing so, the authors examined a number of factors including ones that could be identified in Antarctic law and policy as influencing the status and development of the existing Antarctic regime, the recent Antarctic Treaty States’ accession processes and strategies, the express or implied motivations for States to join the Antarctic Treaty, and generally the Antarctic Treaty System, all of which can be reached based on the aforementioned examination that can be incorporated in an Iranian Antarctic science roadmap.

The Antarctic Treaty Consultative Meetings — Form and Procedure

1971 ◽  
Vol 6 (3-4) ◽  
pp. 183-199 ◽  
Author(s):  
Truls Hanevold
Keyword(s):  
Decision Making ◽  
Scientific Research ◽  
International Negotiations ◽  
Decision Making Process ◽  
Different Types ◽  
Antarctic Treaty ◽  
The Antarctic

The Antarctic Treaty of 1959 established a consultative system for the purpose of passing recommendations to the signatory governments in pursuit of the objects and principles of the treaty. This article is a study in international negotiations. After an introduction detailing the background for the negotiations, attention is drawn to the possible long-term aims and strategies of the parties in view of their attitudes on the question of rights and claims in Antarctica and their capabilities for conducting scientific research there. In part two the preparations for the consultative meetings and their influence on the decision-making process are described. Part three deals with the consultative meetings themselves, how the delegations are composed, and their instructions and behaviour during the negotiations. Different types of sessions and their particular characteristics are discussed. The dynamics of the negotiations are treated in part four, which includes a discussion of strategies, types of arguments, self-commitments, concessions and strategies.

The Consequences of the ICJ Decision in the Whaling Case for Antarctica and the Antarctic Treaty System

2015 ◽  
Vol 7 (1) ◽  
pp. 168-187
Author(s):  
Michael Johnson
Keyword(s):  
Decision Making ◽  
New Zealand ◽  
International Convention ◽  
International Court ◽  
Legal Context ◽  
Treaty Body ◽  
The Icj ◽  
Antarctic Treaty ◽  
The Antarctic ◽  
Antarctic Treaty System

This paper identifies parts of the International Court of Justice’s judgment in Whaling in the Antarctic (Australia v. Japan: New Zealand intervening) that might hold broader relevance beyond the International Convention for the Regulation of Whaling, and explores what that might entail for the Antarctic Treaty System. There are four aspects explored. First, an analysis of the Court’s treatment of Japan’s challenge to jurisdiction that touched upon the relevance or otherwise of Antarctic sovereignty to the issues at hand in the case. Second, the Court’s drawing of important conclusions from the Whaling Convention’s status as an ‘evolving instrument’, in light of it having a treaty body with ongoing decision making responsibility will be discussed. Third, to what extent might the Court’s assessment of the concept of ‘science’ in a legal context find relevance in Antarctic obligations will be analysed. Finally, the success of the claim brought by Australia, and the manner in which the Court addressed the issues before it, and whether they bear any consequences for potential, future environmental cases, will be discussed.

scholarly journals Scientific research in the Antarctic treaty system

2009 ◽  
pp. 25-31
Author(s):  
P. F. Gozhik ◽  
◽  
A. M. Gurzhiy ◽  
V. A. Lytvynov ◽  
◽  
...  
Keyword(s):  
Scientific Research ◽  
Antarctic Treaty ◽  
The Antarctic ◽  
Antarctic Treaty System

scholarly journals Acquisition of consultative status under the Antarctic Treaty

Polar Record ◽  
1994 ◽  
Vol 30 (173) ◽  
pp. 123-129 ◽  
Author(s):  
Serge Pannatier
Keyword(s):  
Decision Making ◽  
Scientific Research ◽  
Decision Making Process ◽  
Limited Participation ◽  
The Third ◽  
Research Activities ◽  
Antarctic Treaty ◽  
Consultative Status ◽  
The Antarctic

AbstractUnder the regime established by the Antarctic Treaty of 1959, decision-making remains exclusively with the limited number of states that are entitled to appoint representatives to participate in Antarctic Treaty Consultative Meetings. Whereas the 12 original signatory states have a permanent right to attend these meetings, acceding states may gain consultative status only during the time they carry out substantial scientific research in the Antarctic. This paper addresses three issues: the first relates to the problems arising out of the ‘admission procedure’ adopted by the original signatory states when faced with the first application of an acceding state to become an Antarctic Treaty Consultative Party, a procedure that has been applied ever since to similar cases. The second looks at the forms of scientific research activities an acceding party ought to conduct in Antarctica in order to meet the requirements laid down in the Antarctic Treaty. The third deals more generally with the issue of limited participation in the Antarctic Treaty decision-making process, which has come under severe criticism from non-Consultative Parties and states that have not acceded to the Treaty.

scholarly journals Scientific research in the Antarctic treaty system

2009 ◽  
pp. 32-38
Author(s):  
P.F. Gozhik ◽  
◽  
A.M. Gurzhiy ◽  
V.A. Lytvynov ◽  
◽  
...  
Keyword(s):  
Scientific Research ◽  
Antarctic Treaty ◽  
The Antarctic ◽  
Antarctic Treaty System
Sign in / Sign up

Export Citation Format

Share Document