|
Government type
|
Antarctic Treaty Summary - the Antarctic region is governed by a system known as the Antarctic Treaty System; the system includes: 1. the Antarctic Treaty, signed on 1 December 1959 and entered into force on 23 June 1961, which establishes the legal framework for the management of Antarctica, 2. Recommendations and Measures adopted at meetings of Antarctic Treaty countries, 3. The Convention for the Conservation of Antarctic Seals (1972), 4. The Convention for the Conservation of Antarctic Marine Living Resources (1980), and 5. The Protocol on Environmental Protection to the Antarctic Treaty (1991); the 33rd Antarctic Treaty Consultative Meeting was held in Punta del Este, Uruguay in May 2010; at these periodic meetings, decisions are made by consensus (not by vote) of all consultative member nations; by April 2010, there were 48 treaty member nations: 28 consultative and 20 non-consultative; consultative (decision-making) members include the seven nations that claim portions of Antarctica as national territory (some claims overlap) and 21 non-claimant nations; the US and Russia have reserved the right to make claims; the US does not recognize the claims of others; Antarctica is administered through meetings of the consultative member nations; decisions from these meetings are carried out by these member nations (with respect to their own nationals and operations) in accordance with their own national laws; the years in parentheses indicate when a consultative member-nation acceded to the Treaty and when it was accepted as a consultative member, while no date indicates the country was an original 1959 treaty signatory; claimant nations are - Argentina, Australia, Chile, France, NZ, Norway, and the UK; nonclaimant consultative nations are - Belgium, Brazil (1975/1983), Bulgaria (1978/1998), China (1983/1985), Ecuador (1987/1990), Finland (1984/1989), Germany (1979/1981), India (1983/1983), Italy (1981/1987), Japan, South Korea (1986/1989), Netherlands (1967/1990), Peru (1981/1989), Poland (196<br />Article 1 - area to be used for peaceful purposes only; military activity, such as weapons testing, is prohibited, but military personnel and equipment may be used for scientific research or any other peaceful purpose; Article 2 - freedom of scientific investigation and cooperation shall continue; Article 3 - free exchange of information and personnel, cooperation with the UN and other international agencies; Article 4 - does not recognize, dispute, or establish territorial claims and no new claims shall be asserted while the treaty is in force; Article 5 - prohibits nuclear explosions or disposal of radioactive wastes; Article 6 - includes under the treaty all land and ice shelves south of 60 degrees 00 minutes south and reserves high seas rights; Article 7 - treaty-state observers have free access, including aerial observation, to any area and may inspect all stations, installations, and equipment; advance notice of all expeditions and of the introduction of military personnel must be given; Article 8 - allows for jurisdiction over observers and scientists by their own states; Article 9 - frequent consultative meetings take place among member nations; Article 10 - treaty states will discourage activities by any country in Antarctica that are contrary to the treaty; Article 11 - disputes to be settled peacefully by the parties concerned or, ultimately, by the ICJ; Articles 12, 13, 14 - deal with upholding, interpreting, and amending the treaty among involved nations; other agreements - some 200 recommendations adopted at treaty consultative meetings and ratified by governments; a mineral resources agreement was signed in 1988 but remains unratified; the Protocol on Environmental Protection to the Antarctic Treaty was signed 4 October 1991 and entered into force 14 January 1998; this agreement provides for the protection of the Antarctic environment through six specific annexes: 1) environmental impact assessment, 2) conservation of Antarctic fauna and flora, 3) waste disposal and waste management, 4) prevention of marine pollution, 5) area protection and management and 6) liability arising from environmental emergencies; it prohibits all activities relating to mineral resources except scientific research; a permanent Antarctic Treaty Secretariat was established in 2004 in Buenos Aires, Argentina
|
Constitution-based federal republic; strong democratic tradition
|
|
|
Legal system
|
Antarctica is administered through annual meetings - known as Antarctic Treaty Consultative Meetings - which include consultative member nations, non-consultative member nations, observer organizations, and expert organizations; decisions from these meetings are carried out by these member nations (with respect to their own nationals and operations) in accordance with their own national laws; more generally, access to the Antarctic Treaty area, that is to all areas between 60 and 90 degrees south latitude, is subject to a number of relevant legal instruments and authorization procedures adopted by the states party to the Antarctic Treaty(703) 292-8030, or visit its website at www.nsf.gov
|
common law system based on English common law at the federal level; state legal systems based on common law except Louisiana, which is based on Napoleonic civil code; judicial review of legislative acts
|
|
|
Transnational Issues
>
Disputes
>
International
|
the Antarctic Treaty freezes, and most states do not recognize, the land and maritime territorial claims made by Argentina, Australia, Chile, France, New Zealand, Norway, and the United Kingdom (some overlapping) for three-fourths of the continent; the US and Russia reserve the right to make claims; no formal claims have been made in the sector between 90 degrees west and 150 degrees west; the International Whaling Commission created a sanctuary around the entire continent to deter catches by countries claiming to conduct scientific whaling; Australia has established a similar preserve in the waters around its territorial claim
|
the US has intensified domestic security measures and is collaborating closely with its neighbors, Canada and Mexico, to monitor and control legal and illegal personnel, transport, and commodities across the international borders; abundant rainfall in recent years along much of the Mexico-US border region has ameliorated periodically strained water-sharing arrangements; 1990 Maritime Boundary Agreement in the Bering Sea still awaits Russian Duma ratification; Canada and the United States dispute how to divide the Beaufort Sea and the status of the Northwest Passage but continue to work cooperatively to survey the Arctic continental shelf; The Bahamas and US have not been able to agree on a maritime boundary; US Naval Base at Guantanamo Bay is leased from Cuba and only mutual agreement or US abandonment of the area can terminate the lease; Haiti claims US-administered Navassa Island; US has made no territorial claim in Antarctica (but has reserved the right to do so) and does not recognize the claims of any other states; Marshall Islands claims Wake Island; Tokelau included American Samoa's Swains Island among the islands listed in its 2006 draft constitution
|
|
