Read The Times Australia

Daily Bulletin

The Antarctic Treaty is turning 60 years old. In a changed world, is it still fit for purpose?

  • Written by: Donald Rothwell, Professor of International Law, Australian National University

The 1959 Antarctic Treaty celebrates its 60th anniversary today. Negotiated during the middle of the Cold War by 12 countries with Antarctic interests, it remains the only example of a single treaty that governs a whole continent.

It is also the foundation of a rules-based international order for a continent without a permanent population.

The treaty is remarkably short and contains only 14 articles. Principal provisions include promoting the freedom of scientific research, the use of the continent only for peaceful purposes, and the prohibition of military activities, nuclear tests and the disposal of radioactive waste.

However, since the treaty was negotiated in a very different era and there have been a number of environmental, resource and geopolitical disputes related to Antarctica in recent decades, it begs the question: is it still fit for purpose?

The Antarctic Treaty is turning 60 years old. In a changed world, is it still fit for purpose? Australian Prime Minister Robert Menzies (left) at the first Antarctic Treaty consultative meeting in Canberra in 1961. National Archives of Australia

What the treaty says about territorial claims

The most important provision of the treaty is Article IV, which effectively seeks to neutralise territorial sovereignty in Antarctica.

For the Antarctic territorial claimants, this meant a limit was placed on making any new claim or enlargement of an existing claim.

Likewise, no formal recognition was given to any of the seven territorial claims on the continent, by Argentina, Australia, Chile, France, New Zealand, Norway and the United Kingdom.

Russia, the United States and China — signatories with significant Antarctic interests who have not formally made territorial claims — are also bound by the limitations of Article IV.

And one sector of Antarctica is not subject to the claim of any country, which effectively makes it the last unclaimed land on earth.

The treaty also put a freeze on any disputes between claimants over their territories on the continent. Claimants agreed to abide by the rules and obligations of the treaty, which meant countries that don’t recognise claims (such as China and Russia) are free to go about scientific research and peaceful activities.

Read more: Murky waters: why is Japan still whaling in the Southern Ocean?

How the treaty has expanded

Though the compact has held for 60 years, there have been tensions from time to time. Argentina and the UK, for instance, have overlapping claims to territory on the continent. When combined with their ongoing dispute over the nearby Falkland (Malvinas) Islands, their Antarctic relationship remains frosty.

The Antarctic Treaty is turning 60 years old. In a changed world, is it still fit for purpose? Argentina’s Base Orcadas Research Station on Laurie Island in Antarctica. It is the oldest research station on the continent. Shutterstock

A key reason why the treaty has been able to survive has been its ability to evolve through a number of additional conventions and other legal protocols. These have dealt with the conservation of marine living resources, prohibitions on mining, and the adoption of comprehensive environmental protection mechanisms.

As disputes have arisen over the years, many have been addressed through the expansion of the treaty framework with these agreements. This framework is now referred to as the “Antarctic Treaty System”.

These measures have been a great success, but tensions have arisen in recent years over the promotion of Southern Ocean marine reserves. Agreement was reached in 2016 on a Ross Sea Marine Protected Area, and momentum is building for a broader network of Southern Ocean marine protected areas. China and Russia have resisted these initiatives.

Membership of the treaty has grown in the intervening years, with 54 signatories today.

Scientific engagement in Antarctica is considered critical to exercising influence under the treaty. New treaty parties have to meet certain criteria relating to active scientific programs before they are able to participate in meetings as “consultative parties”. A total of 29 treaty parties, including Australia, meet these scientific engagement thresholds.

Building, operating and conducting scientific research programs are key to the success not only of the treaty, but also to the claimants’ credibility in Antarctica. Australia, for instance, has permitted Belarus, China, France, India, Italy, Russia, and the US to conduct scientific programs at their own research bases within its Antarctic territory, which covers 42% of the continent.

Read more: Is there about to be a dash for Antarctica's resources?

Where to from here?

While the Antarctic Treaty has been able to successfully respond to a range of challenges, circumstances are radically different in the 2020s compared to the 1950s. Antarctica is much more accessible, partly due to technology but also climate change. More countries now have substantive interests in the continent than the original 12. Some global resources are becoming scarce, especially oil.

This will inevitably result in increased attention being given to the potential for Antarctic mining to take place sometime in the future. Calls to revisit the prohibition on Antarctic mining would seem inevitable.

There is also uncertainty as to China’s intentions in Antarctica. China joined the treaty in 1983, became a consultative party in 1985, and in 2017 hosted a consultative party meeting in Beijing.

The Antarctic Treaty is turning 60 years old. In a changed world, is it still fit for purpose? Xue Long, a Chinese icebreaker, en route back to Shanghai after a visit to Antarctica in 2016. Wikimedia Commons

China has a developing scientific program on the continent, with four research stations (three of which are in Australia’s Antarctic Territory), and a fifth planned. While Australia and China cooperate on a number of Antarctic scientific and logistics programs, the direction of China’s Antarctic engagement and long-term support for treaty is not clear.

There is considerable speculation as to China’s interests in Antarctic resources, especially fisheries and minerals, and whether China may seek to exploit weaknesses in the treaty system to secure access to those resources.

All of the treaty signatories, but especially those with significant stakes in the continent, need to give the future of the treaty more attention.

The Australian parliament, for instance, last conducted an inquiry into the Australian Antarctic Territory in 2018. None of the 22 recommendations, however, had a precise focus on the Antarctic Treaty.

The mining ban under the Madrid Protocol to the treaty could be subject to review in 2048. If the treaty’s signatories wish to ensure it remains fit for purpose in 2048 and beyond, more strategic thinking needs to be given to Antarctica’s future.

Authors: Donald Rothwell, Professor of International Law, Australian National University

Read more https://theconversation.com/the-antarctic-treaty-is-turning-60-years-old-in-a-changed-world-is-it-still-fit-for-purpose-162849

Business News

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Why Accurate Measurements Matter When Ordering Flatpack Cabinets

Ordering flatpack cabinets can make a renovation or storage project more manageable, but the proce...

How Long Does Interstate Freight Take in Australia?

If you have ever arranged for stock, equipment or materials to travel from one Australian state to a...

How AEC Firms Can Scale Faster Without Sacrificing Project Quality

Growth presents a fundamental dilemma for architecture, engineering, and construction firms: expan...

What Makes an Aesthetic Clinic Worth Going Back To?

Trying an aesthetic clinic for the first time can feel like a bit of a gamble. You can read review...

Elevate Your Morning Routine with Cafe-Style Coffee at Home with the Right Coffee Machine

There's something magical about that first sip of coffee in the morning. It’s more than just a bev...

Top Garment Steamers for Busy Professionals in Australia

The gap between garment steamers built for a quick touch-up and ones built to keep pace with a wor...

Correct Sleeping Posture to Minimize Back Strain

Most people don’t pay much attention to how they sleep until they start waking up with a stiff bac...

Why Product Longevity Matters for Sustainable Australian Buildings

Sustainability in building design is often associated with recycled materials, renewable resources a...

NDIS Support Coordination Explained: What Does a Support Coordinator Actually Do?

NDIS support coordination explained means understanding how a professional can help participants n...