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ANTARCTIC TREATY SYSTEM An Assessment Proceedings of a Workshop Held at Beardmore South Field Camp, Antarctica January 7-L3, 1985 Polar Research Board Commission on Physical Sciences, Mathematics, and Resources National Research Council NATIONAL ACADEMY PRESS Washington, D.C. 1986

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NATIONAL ACADEMY PRESS 2101 Constitution Avenue, NW Washington, DC 20418 NOTICE: The project that is the subject of this report was approved by the Governing Board of the National Research Council, whose members are drawn from the Councils of the National Academy of Sciences, the National Academy of Engineering, and the Institute of Medicine. The members of the committee responsible for the report were chosen for their special competences and with regard to appropriate balance. This report has been reviewed by a group other than the authors according to procedures approved by a Report Review Committee consisting of members of the National Academy of Sciences, the National Academy of Engineering, and the Institute of Medicine. The National Research Council was established by the National Academy of Sciences in 1916 to associate the broad community of science and technology with the Academy's purposes of furthering knowledge and of advising the federal government. The Council operates in accordance with general policies determined by the Academy under the authority of its congressional charter of 1863, which establishes the Academy as a private, nonprofit, self-governing membership corporation. The Council has become the principal operating agency of both the National Academy of Sciences and the National Academy of Engineering in the conduct of their services to the government, the public, and the scientific and engineering communities. It is administered jointly by both Academies and the Institute of Medicine. The National Academy of Engineering and the Institute of Medicine were established in 1964 and 1970, respectively, under the charter of the National Academy of Sciences. Support for the conduct of this workshop was provided under grants from the ARCO Foundation, the Ford Foundation, the William and Flora Hewlett Foundation, the Andrew W. Mellon Foundation, the National Geographic Society, the Tinker Founda- tion, and the National Science Foundation. The contributions published in this book were prepared for the Workshop on the Antarctic Treaty System organized by the Polar Research Board of the U.S. National Research CouncillNational Academy of Sciences that was held in the Transantarctic Mountains, Antarctica, at the Beardmore South Field Camp, January 7-13, 1985. The views expressed in this book are solely those of each author and are not to be attributed to their respective governments or institutions. Library of Congress Catalog Card Number 86-60053 International Standard Book Number 0-309-03640-2 Printed in the United States of America NATIONAL ACADEMY PRESS The National Academy Press was created by the National Academy of Sciences to publish the reports issued by the Academy and by the National Academy of Engineering, the Institute of Medicine, and the National Research Council, all operating under the charter granted to the National Academy of Sciences by the Congress of the United States.

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Organizing Committee for the Workshop on the Antarctic Treaty System JAMES H. ZUMBERGE, University of Southern California, Chairman THOMAS A. CEINGAN, University of Miami W. T~MoTHY HUSHEN, Polar Research Board, National Research Council LEE A. KIMBALL, International Institute for Environment and Development, Washington, D.C. ROBERT H. RUTFORD, University of Texas at Dallas DoNA~D B. SINIFF, Department of Ecology and Behavioral Biology, University of Minnesota Staff SHERBURNE B. Assorr, Staff Officer . .

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Polar Research Board GUNTER E. WELLER, Geophysical Institute, University of Alaska, Chairman KNUT AAGAARD, Department of Oceanography, University of Washington MIM HARR~s Dixon, Department of Transportation and Public Facilities, State of Alaska DAv~D Elliot, Institute of Polar Studies, The Ohio State University W. LAWRENCE GATES, Department of Atmospheric Sciences, Oregon State University RONALD L. GEER, Shell Oil Company BEN C. GERw~cK, JR., Department of Civil Engineering, University of California, Berkeley DENN~s HAYES, Lamont-Doherty Geological Observatory, Columbia University ARTHUR H. LACHENBRUCH, U.S. Geological Survey, Menlo Park Louis J. LANzERoTT~, AT&T Bell Telephone Laboratories GEOFFREY L. LARMINIE, British Petroleum Co. Ltd. JOHN H. STEELE, Woods Hole Oceanographic Institution IAN STIRLING, Canadian Wildlife Service, Edmonton, Alberta CORNELIUS W. SULLIVAN, Department of Biological Sciences, University of Southern California PATRICK J. WEBBER, University of Colorado RAY F. WEISS, Scripps Institution of Oceanography, University of California at San Diego Ex-officio OSCAR T. FERR~ANs, Committee on Permafrost, Chairman CHARLES F. RAYMOND, Committee on Glaciology, Chairman JAMES H. ZUMBERGE, U.S. Delegate to SCAR, University of Southern California Staff W. TIMOTHY HUSHEN, Staff Director SHERBURNE B. ABBOTT, Staff Officer MILDRED L. McGu~RE, Administrative Secretary lo

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Commission on Physical Sciences, Mathematics, and Resources HERBERT FRIEDMAN, National Research Council, Chairman THOMAS BARROW, Standard Oil Company (retired) ELKAN R. BLOUT, Harvard Medical School BERNARD F. BURKE, Massachusetts Institute of Technology GEORGE F. CARRIER, Harvard University HERMAN CHERNOFF, Massachusetts Institute of Technology CHARLES L. DRAKE, Dartmouth College MILDRED s. DRESSEEHAUS, Massachusetts Institute of Technology JOSEPH L. FISHER, Office of the Governor, Commonwealth of Virginia JAMES c. FLETCHER, University of Pittsburgh WILLIAM A. FOWLER, California Institute of Technology GERHART FRIEDEANDER, Brookhaven National Laboratory EDWARD A. FRIEMAN, Science Applications, Inc. EDWARD D. GOLDBERG, Scripps Institution of Oceanography MARY L. GOOD, UOP, Inc. THOMAS F. MALONE, Saint Joseph College CHARLES I. MANKIN, Oklahoma Geological Survey WALTER H. MUNK, University of California, San Diego GEORGE E. PAKE, Xerox Research Center ROBERT E. SIEVERS, University of Colorado HOWARD E. SIMMONS, OR., E.I. du Pont de Nemours & Company, Inc. ISADORE M. SINGER, Massachusetts Institute of Technology JOHN D. SPENGEER, Harvard School of Public Health HATTEN s. YODER, jR., Carnegie Institution of Washington RAPHAEL G. KASPER, Executive Director LAWRENCE E. MCCRAY, Associate Executive Director V

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Participants in the Workshop on the Antarctic Treaty System ROEF TROELE ANDERSEN, Royal Ministry of Foreign Affairs, Norway JAMES BARNES, Antarctic and Southern Ocean Coalition, Antarctica Project, Washington, D.C. CHRISTOPHER D. BEEBY, Ministry of Foreign Affairs, New Zealand ADRIAAN Bos, Ministry of Foreign Affairs, The Netherlands Lewis M. BRANSCOMB, IBM Corporation, New York JOHN H. BROOK, Department of Foreign Affairs, Australia PETER BRUCKNER, Permanent Mission of Denmark to the United Nations, New York WILLIAM F. BUDD, Department of Meteorology, University of Melbourne, Australia ANroN~o CAREOS ROCHA CAMPOS, University of Sao Paulo, Brazil KENNETH R. CROASDAEE, Croasdale and Associates, Canada DOMINGO DA-F~ENo, Ministry of Foreign Affairs, Peru HASSAN E~-GHouAYEr, Permanent Mission of Tunisia to the United Nations, New York GAO Qu~NQAN, National Committee for Antarctic Research, National Bureau of Oceanography, China VLADIMIR Go~TsYN, United Nations Secretariat, New York JOHN A. GARLAND, Center for Environmental Technology, Imperial College, United Kingdom . . GUY G. GUTHRIDGE, National Science Foundation, Washington, D.C. TREVOR HATHERTON, Ross De Tendency Research Committee, New Zealand JOHN A. HEAP, Foreign and Commonwealth Office, United Kingdom MARTIN W. HorDGATE, Department of the Environment and Transport, United Kingdom W. T~MoTHY HUSHEN, Polar Research Board, National Research Council, Washington, D.C. ROBERT JONES, Los Angeles Times ERNST F. JUNG, Federal Foreign Office, Federal Republic of Germany LEE A. KIMBALL, International Institute for Environment and Development, Washington, D.C. A~ExANDRE Kiss, International Council for Environmental Law, Strasbourg, France AsDu~ KOROMA, Embassy of Sierra Leone, Brussels, Belgium SAcH~Ko KUWABARA, United Nations Environment Program, New York . . v''

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. ~ ~ VlI! WORKSHOP PARTICIPANTS YOON KYUNG OH, Ministry of Foreign Affairs, Republic of Korea GEOFFREY F. LARMINIE, British Petroleum Co., London, United Kingdom Julio CESAR LuP~NAcc~, Embassy of Uruguay, Santiago, Chile CRISTIAN MAQUTEIRA, Permanent Mission of Chile to the United Nations, New York KENTON R. MILLER, International Union for the Conservation of Nature and Natural Resources, Gland, Switzerland PETER D. OEroFsEN, Department of Foreign Affairs, Pretoria, Union of South Africa FRANCISCO ORREGO VICUNA, Embassy of Chile, London, United Kingdom (contributed paper but unable to attend) ANNA C. PALMISANO, University of Southern California, Los Angeles S. Z. QAs~M, Department of Ocean Development, New Delhi, India (contributed paper but unable to attend) OMAR BIN AsDu~ RAHMAN, Office of the Scientific Advisor, Prime Minister's Department, Malaysia H. P. RAJAN, Department of Ocean Development, New Delhi, India (contributed paper but unable to attend) ORLANDO R. REBAGEIATI, Ministry of Foreign Affairs, Argentina FRANCOIS RENOUARD, Ministry of External Relations, France E. FRED ROOTS, Department of Environment, Canada HOLGER ROTKIRCH, Ministry for Foreign Affairs, Finland ROBERT H. RurroRD, University of Texas at Dallas YUR! M. RYBAKOV, Ministry of Foreign Affairs, U.S.S.R. R. TUCKER Scurry, Department of State, Washington, D.C. DEBORAH SHAPLEY, Center for Strategic and International Studies, Georgetown University, Washington, D.C. L. F. MACEDO DE SOARES GU1MARAES, Ministry of External Relations, Brazil ~OSE SORZANO, Permanent Mission of the United States to the United Nations, New York N. A. STRETEN, Bureau of Meteorology, Melbourne, Australia Bo JOHNSON THEUTENBERG, Ministry of Foreign Affairs, Sweden ROBERT B. THOMSON, Department of Scientific and Industrial Research, Christchurch, New Zealand ALEXANDER VAYENAS, Embassy of Greece, Australia ARTHUR D. WATTS, Foreign and Commonwealth Office, United Kingdom MITCHEEE WERNER, United Nations Secretariat, New York PETER E. W~KN~ss, National Science Foundation, Washington, D.C.

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WORKSHOP PARTICIPANTS ROGER Watson, Greenpeace International, Lewes, United Kingdom RuD~GER Wo~FRuM, Institute of International Law, University of Kiel, Federal Republic of Germany RICHARD A. WOOLCOTT, Permanent Mission of Australia to the United Nations, New York ZAIN AzRAA~, Permanent Mission of Malaysia to the United Nations, New York ZHANG KUNCHENG, National Bureau of Oceanography, China JAMES H. ZUMBERGE, University of Southern California, Los Angeles zx

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Contents OVERVIEW I. WORKSHOP ON THE ANTARCTIC TREATY SYSTEM: OVERVIEW . . . . . . . . . e ~ ~ e ~ ~ e ~ ~ ~ e fames H. Zumberge and Lee A. Kimball Trends in the Debate at the Workshop, 5; Ideas and Suggestions Put Forward, 6; The Antarctic Setting, 9 INTRODUCTION 2. ANTARCTICA PRIOR TO THE ANTARCTIC TREATY- A HISTORICAL PERSPECTrVE ................. Trevor Hatherton Early Notions, 15; The Routes Open, 17; Reduction to Size, 19; Exploitation The Seals, 19; Science and National Interests, 23; Because It Is There, 26; Exploitation The Whales, 28; The Modern Era, 29; The International Geophysical Year, 1957-1958, 31 3. JURIDICAL NATURE OF THE 1959 TREATY SYSTEM Yuri M. Rybakov Peaceful Use, 35; Scientific Investigation, 37; Inspection, 38; Consultative Meetings, 38; Recommendations, 40; Additional Conventions, 41 LEGAL AND POLITICAL BACKGROUND 4. ANTARCTICA PRIOR TO THE ANTARCTIC TREATY: A POLITICAL AND LEGAL PERSPECTIVE ....... Cristian Maguieira xt 15 33 .. 49

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All 5. ANTARCTIC CONFLICT AND INTERNATIONAL COOPERATION . . . e e e e Francisco Orrego Vicuna The Early Trends Toward Antarctic Conflict, 55; Localized Territorial Disputes, 56; Generalized Territorial Disputes and International Implications, 58; Strategic Uses and Disputes in Antarctica, 59; Major-Power Rivalry in Antarctica, 59; The Antarctic Treaty: Cooperation as a Factor of Stabilization, 61 6. THE ANTARCTIC TREATY AS A CONFLICT RESOLUTION MECHANISM . . e e e e e e ~ e e e e e e e e e e e e e e e e e e e Arthur D. Watts 7. PANEL DISCUSSION ON THE LEGAL AND POLITICAL BACKGROUND OF THE ANTARCTIC TREATY ANTARCTIC SCIENCE 8. SUMMARY OF SCIENCE IN ANTARCTICA PRIOR TO AND INCLUDING THE INTERNATIONAL GEOPHYSICAL Robert H. Rutford 9. THE ANTARCTIC TREATY AS A SCIENTIFIC MECHANISM (POST IGY) CONTRIBUTIONS OF ANTARCTIC SCIENTIFIC RESEARCH ........ William F. Budd Introduction, 103; The Post-IGY International Antarctica Quarter Century, 105; The Profitable Nonrenewable Resources Fallacy, 107; Antarctica as a Global Environmental Science Resource, 117; Antarctic Publications and the Knowledge Explosion, 120; Highlights of Antarctic Discoveries and Research, 128; The Treaty Nations as the United Nations "Antarctic Rangers," 138 10. THE ANTARCTIC TREATY AS A SCIENTIFIC MECHANISM- THE SCIENTIFIC COMMITTEE ON ANTARCTIC RESEARCH AND THE ANTARCTIC TREATY SYSTEM fames H. Zumberge Introduction, 153; The Origin and Growth of SCAR, 154; CONTENTS .... 55 65 77 87 ..... 103 153

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CONTENTS SCAR Structure and Procedures, 157; The Interaction of SCAR with the Antarctic Treaty System, 164; A Look at SCAR's Future, 167 I1. THE ROLE OF SCIENCE IN THE ANTARCTIC TREATY SYSTEM . . ..... . . ...... .. ... . E. Fred Roots Background, 169; The Political Role of Science in Antarctica, 173; Different Approaches to Science in Antarctica, 174; What Results Can Antarctic Science Deliver?, 175; The Setting of Scientific Priorities in Antarctica, 181; The Future, 183 12. PANEL DISCUSSION ON ANTARCTIC SCIENCE .... . . . x''' 169 ..... 185 THE ANTARCTIC ENVIRONMENT: MANAGEMENT AND CONSERVATION OF RESOURCES A. CONSERVATION AND ENVIRONMENT 13. THE ANTARCTIC TREATY SYSTEM AS AN ENVIRONMENTAL MECHANISM AN APPROACH TO ENVIRONMENTAL ISSUES .................... John A. Heap and Martin W. Hol~gate Introduction, 195; Characteristics of the Antarctic Environment, 195; Human Impacts on the Environment of Antarctica, 198; The Evaluation of Environmental Goals, 199; Environmental Conservation Within the Antarctic Treaty System, 200; The Antarctic Treaty System as a Mechanism for Environmental Conservation, 206 14. PANEL DISCUSSION ON CONSERVATION AND ENVIRONMENT . ...... .. .. ..... B. LIVING RESOURCES 15. THE ANTARCTIC TREATY SYSTEM AS A RESOURCE MANAGEMENT MECHANISM- LIVING RESOURCES . . . John A. GuZ!and Introduction, 221; Marine Resources, 221; International Whaling Commission, 224; The Role of the Antarctic Treaty, 228; Terrestrial Activities, 231; The Role of SCAR, 233 ...... 195 .. 211 .. 221

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xIv 16. PANEL DISCUSSION ON LIVING RESOURCES Biomass, 241; Experimental Fishery, 241; Inspection and Other CCAMLR Measures, 244 C. NONLIVING RESOURCES 17. ARCTIC OFFSHORE TECHNOLOGY AND ITS RELEVANCE TO THE ANTARCTIC ................... K. R. CroasdaZe Introduction, 245; Geography and Oil and Gas Resources, 245; The Arctic Offshore Environment, 246; Technology for Arctic Offshore Petroleum Operations, 251; Conclusions, 262 18. DISCUSSION ON TECHNOLOGY AND ECONOMICS OF MINERALS DEVELOPMENT IN POLAR AREAS 19. THE ANTARCTIC TREATY SYSTEM AS A RESOURCE MANAGEMENT MECHANISM NONLIVING RESOURCES Christopher D. Beeby 20. PANEL DISCUSSION ON NONLIVING RESOURCES . . Participation, 290; Common Heritage of Mankind, 290; Participation in the Minerals Regime Negotiations, 291; Participation in the Adoption of the Minerals Regime, 292; Participation in Implementation of the Minerals Regime,292; Participation in Activities and Benefits, 293; Urgency and Timing of Minerals Activities, 294; The Regime, 296; Enforcement and Reporting Requirements, 302 INSTITUTIONS 21. THE ANTARCTIC TREATY SYSTEM FROM THE PERSPECTIVE OF A STATE NOT PARTY TO THE SYSTEM Zain Azruai The Response of the Nontreaty Parties (NTPs), 307 22. THE ANTARCTIC TREATY SYSTEM FROM THE CONTENTS ...... 235 245 265 . 269 .... 285 . 305 PERSPECTIVE OF A NON-CONSUETATIVE PARTY TO THE ANTARCTIC TREATY 315 Peter Bruckner Introduction, 315; Motives for Accession, 317; Functioning

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CONTENTS of the Treaty System, 318; Rights and Obligations of the NCPs Under the Treaty, 320; The Observer Issue, 325; Antarctica and the U.N. General Assembly, 327; Concluding Remarks, 328; Appendix, 333 23. THE ANTARCTIC TREATY SYSTEM FROM THE PERSPECTIVE OF A NEW CONSULTATIVE PARTY L. F. Macedo de Soares Guimaraes 24. THE ANTARCTIC TREATY SYSTEM FROM THE PERSPECTIVE OF A NEW MEMBER .................. S. Z. Qasim and H. P. Rajan Introduction, 345; Background of the Antarctic Treaty, 347; The Antarctic Treaty System, 349; India's Scientific Expeditions, 365; Political Issues, 367; Conclusions, 371 25. THE INTERACTION BETWEEN THE ANTARCTIC TREATY ....... 337 345 SYSTEM AND THE UNITED NATIONS SYSTEM 375 Richard A. Wooicott Promotion of Principles and Purposes of United Nations Charter, 376; Links with the United Nations Specialized Agencies, 379; The Future, 382; Relationship to the United Nations System in the Future, 388 26. THE EVOLUTION OF THE ANTARCTIC TREATY SYSTEM THE INSTITUTIONAL PERSPECTIVE R. Tucker Scully Introduction, 391; The Antarctic Treaty, 391; The Antarctic Treaty System Substantive Content, 395; The Antarctic Treaty System Institutional Response, 400; Operation of the Antarctic Treaty System, 406; Conclusion, 409 27. PANEL DISCUSSION ON INSTITUTIONS OF THE ANTARCTIC TREATY SYSTEM Legitimacy, 423; Evolution of the Antarctic Treaty System, 427; Concluding Remarks, 431 XV .... 391 413

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Participants discuss the Antarctic Treaty System in the Jamesway at Beardmore South Field Camp, Transantarctic Mountains, Antarctica.