Are there laws in Antarctica? Antarctica is Earth’s southernmost continent. It contains the geographic South Pole and is situated in the Antarctic region of the Southern Hemisphere, almost entirely south of the Antarctic Circle, and is surrounded by the Southern Ocean. At fourteen millions square kilometres, it is the fifth-largest continent. About ninety-eight percent of Antarctica is covered by ice that averages two kilometres in thickness, which extends to all but the northernmost reaches of the Antarctic Peninsula.
The retained image of Antarctic maps is often that of a camembert or a cake with more or less large parts that represent spaces attached/owned by States. It is based on territorial claims made by seven States (Argentina, Australia, Chile, France, Norway, New Zealand, and the United Kingdom). A more precise reading of the cards also makes it possible to distinguish two curiosities: part of the continent, Marie Byrd’s Land, is not attached to any State, and the Antarctic Peninsula appears to belong to three different States (Argentina, Chile, and the United Kingdom).
Such territorial specificities make Antarctica a unique territory. This is why the question of the status of Antarctica arises. In fact, the status of Antarctica is unique, and is often referred to as sui generis since it is incomparable on the international scene. It does not reflect the habits of States that generally classify territories as either State-owned or disputed between several States. Are there laws in Antarctica?
The peculiarity of Antarctic status lies in the willingness of States to cooperate even though they do not share the same territorial approach. A territorial “freeze” was retained and allowed to make Antarctica a natural reserve dedicated to peace and science.
Are there laws in Antarctica?
Are there laws in Antarctica? There are many links between Antarctica and outer space, such as the prohibition of military activities or the prohibition of mining the continent. High seas or Antarctica are important when reasoning about space activities; not surprisingly, the US Space Agency (NASA) has decided to occupy this place to test the equipment that will be used in future missions to the planet Mars. The geographical and climatic particularism of Antarctica have given rise to specific problems in international law: sovereignty, jurisdiction, the administration of people and resources. The national responses to these problems gave birth in 1959, with the signing of the Antarctic Treaty and related agreements, collectively known as the Antarctic Treaty System (ATS), to a form of collective administration. With the emergence of new problems related to the protection of the environment and the conservation and exploitation of biological and mineral resources, the consultation mechanisms put in place by the Treaty have given rise to important legal and institutional developments. All these mechanisms and developments, animated by their own dynamics, have been described as the Antarctic System by comparison and opposition to the UN system or other regional systems of law.
Seven States have territorial claims. They justified them by the classic arguments that are found in international law: some States have argued the extension of their territory, others historical rights due to the discovery of new spaces. Apart from Norway, which extends its claim from the coast to an indeterminate point on the continent, the other six claims constitute “sectors” that start from the coast and converge, by straight lines, towards the geographic South Pole.
The International Geophysical Year (AGI) was a globally coordinated research project conducted between July 1957 and December 1958. The third edition of the International Polar Year was characterised by the massive use of technologies inherited from the Second World War and reinvested in the scientific field, starting with the radar. Many expeditions to Antarctica were placed under the voluntary coordination of seventy countries in the midst of the Cold War. This IGY impelled the Antarctic Treaty in 1959 (Article II of which provides for freedom of scientific research and cooperation in Antarctica, as practiced during the International Geophysical Year) as well as the Protocol on Environmental Protection to the Antarctic Treaty (also known as the Madrid Protocol) in 1991; as a result emerged different principles such as the principle of freezing territorial claims, the principle of non-militarization and non-nuclearization or the principle of freedom of scientific research.
The Treaty covers the area south of the Sixtieth Degree of South Latitude. It is based on the agreement or rather the non-agreement enshrined in Article IV. This key article of the Treaty establishes what is termed a “freezing” of territorial claims. In fact, failing to make a choice on the status of Antarctica, States have established a territorial status quo: between the internationalisation of Antarctica and the recognition of the existence of their territorial claims, they have chosen not to choose.
The Antarctic Treaty allows the seven States that have issued territorial claims to retain them. They are free to organise the management of the spaces they claim, provided they respect the international rules they have chosen. To implement the treaty provisions, France has devoted part of its Environmental Code to Antarctica. The provisions laid down apply not only to persons who have French nationality but to persons, whatever their nationality, carrying on an activity in Terre Adélie, a sector claimed by France. In any case, during the period of the Treaty, no new territorial claim can be envisaged. Contrary to what is sometimes put forward, there is no time limit, it is an indefinite treaty.
Antarctica, a nature reserve dedicated to peace and science
As early as 1959, the Antarctic Treaty reserved the southern region for peaceful activities only. It devotes the non-militarisation and non-nuclearisation of Antarctica. It also affirms the freedom of scientific research and enshrines the principle that the installation of stations devoted to these is equally free. In addition, an inspection mechanism allows State observers to visit any station or region of Antarctica as well as on board ships and aircraft at landing and boarding points for cargo or personnel in the region.
The Antarctic Treaty has allowed the adoption of a single legal framework. Currently more than fifty States are parties to the Antarctic Treaty. But only twenty-nine have the right to vote as so-called “consultative” Parties. This status was granted to the twelve signatory States but also, by co-optation, to other Parties which have demonstrated their active interest in Antarctica by conducting substantial scientific research activities.
In order to complete the Antarctic Treaty, States initially opted for a sectoral approach. This led to the adoption, inter alia, of the Convention for the Conservation of Antarctic Seals (London, 1972) and the Convention on the Conservation of Antarctic Marine Living Resources (Canberra, 1980). Faced with the impossible entry into force of the Convention on the Regulation of Antarctic Mineral Resource Activities (Wellington, 1988), States then adopted a comprehensive approach to human activities in Antarctica with the Protocol on Environmental Protection to the Antarctic Treaty (Madrid, 1991). Antarctica has become a natural reserve dedicated to peace and science. However, it is not restricted to scientific activities alone and other activities are strictly supervised. Activities related to mineral resources other than those for scientific purposes are prohibited. The prohibition is for an indefinite period and can only be lifted if it meets the drastic requirements for making such a decision, making the end of the moratorium highly improbable.
The legal framework for human activities has also been strengthened by the adoption of new State decisions on tourism. Together with the conventions that came into force, they form what is called the “Antarctic Treaty System”. The latter is nevertheless far from being immutable as the States are keen to complete it as and when deficiencies or shortcomings they fall. States shall ensure that the cooperation they have successfully established in Antarctica can continue indefinitely. Are there laws in Antarctica? Yes, and we have to respect this unique feature of our planet.