The Antarctic Treaty, signed in 1959, stated in its preamble that the region would be dedicated to peace and science. It would not become a source of international conflict. All nuclear activity in Antarctica was also prohibited by the treaty.
Considering the conditions, it was a major accomplishment that such a treaty could be ratified. Also, there was an agreement between the two cold war superpowers- the US and the former USSR. This treaty was also ratified regardless of the fact that seven states asserted a portion of the Antarctic region. The seven states who claimed the portion were Argentina, Australia, Chile, France, New Zealand, Norway and the United Kingdom.
The assertions maintain their status as of the Treaty’s conclusion, which means they are neither acknowledged nor abandoned. The Antarctic Treaty has been able to adapt to new challenges as they have arisen throughout its existence.
The Antarctic Treaty System is facing changing circumstances
Human activity in the Antarctic region is increasing and shifting away:
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- The melting of the Antarctic ice caps due to global warming is a well-known fact. When associated with technological advancements, this opens up more possibilities for human activity in the Antarctic. Places that were previously inaccessible or unattainable have become more accessible to humans. As a result, human activity in the Antarctic region has increased significantly.
- The region has also become home to a number of new activities due to increase in human activities. While no one could have predicted that tourism would become a significant activity in Antarctica, the moment the treaty was drafted. The number of tourists has steadily increased over the last decade, with 37,500 tourists visiting the region in 2007.
- Biological prospecting is another activity that has the potential to become very important in the Antarctic region. Because of the harsh conditions that prevail in Antarctica, it is home to a variety of extremophiles. Some of the information gained from studying these extremophiles can be implemented commercially.
- Like Natural antifreeze found in Antarctic bacteria, has various commercial applications, including better food preservation, and the preservation of human organs. As a result, various businesses have expressed interest in commercializing some of the knowledge acquired from Antarctic research.
- IUU (Illegal, Unreported and Unregulated) fishing poses a real threat to the Antarctic ecosystem, and thus to the Antarctic Treaty. This led to technical difficulties which result in the demilitarization of the Antarctic region. Because of this phenomenon, questions of jurisdiction have been elevated, as well as the limits of the theory of “hot pursuit.”
International Law changes:
- International law has changed dramatically since the Antarctic Treaty was signed in 1959. Many new international organizations have emerged as a result of the proliferation of international and multinational treaties. The relationship of the Antarctic Treaty System and its components to these new international treaties and international organizations has been raised as a result.
- The United Nations Conventions on the Law of the Sea (UNCLOS),1982 is an important treaty in this regard. This convention largely codified customary law, but it also includes some significant changes. The deep seabed regime is a prime example of such a shift. The International Seabed Authority (ISA) has been established to issue permits for the extraction of mineral resources from the deep seabed. Despite the Madrid Protocol which prohibits mineral exploitation in the Antarctic.
- The question has arisen as to whether the ISA could issue permits for deep seabed mineral exploitation in the Antarctic region?
- The growing number of environmental treaties in force, such as the Biodiversity Treaty. It is another change in International Law that is relevant to the Antarctic Treaty System. This raises the issue of how these treaties should be applied to the Antarctic Treaty area. Also, another issue is the cooperation between the treaty-making organizations and the Antarctic Treaty members.
Conclusion
For more than 50 years, the Antarctic Treaty System has demonstrated its ability to adapt to changing circumstances and challenges. It remains to be seen whether the system can withstand these new challenges. After all, some of the issues that have arisen directly challenge the Antarctic Treaty System’s foundation.
