Antarctic Treaty System An Assessment: Proceedings of a Workshop Held at Beardmore South Field Camp, Antarctica, January 7-13, 1985 (1986) / Chapter Skim
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22. The Antarctic Treaty System from the Perspective of a Non-Consultative Party to The Antarctic Treaty System as an The Antarctic Treaty
22. The Antarctic Treaty System from the Perspective of a Non-Consultative Party to The Antarctic Treaty System as an The Antarctic Treaty
Pages 315-336
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From page 315... ...
The following states have subsequently acceded to the treaty at the times indicated: Poland Czechoslovakia Denmark The Netherlands Romania German Democratic Republic Brazil Bulgaria Federal Republic of Germany Uruguay Italy Papua New Guinea Peru 315 e June 1961 June 1962 May 1965 March 1967 September 1971 November 1974 May 1975 September 1978 February 1979 January 1980 March 1981 March 1981 April 1981
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From page 316... ...
-- be entitled to appoint representatives to the meetings during such time as that contracting party demonstrates its interest in Antarctica by conducting substantial scientific research activity there, such as the establishment of a scientific station or the dispatch of a scientific expedition. The following acceding states have been recognized as CPs: Poland (1977)
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The fact that NCPs had no influence on recommendations adopted at consultative meetings also sparked certain hesitations. In this respect, however, it was argued that the recommendations would not become binding on any country unless that country had given its express consent.
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One of the important aspects has been information on developments within the system. Article III provides that in order to promote international cooperation in scientific investigation in Antarctica the contracting parties-shall -- to the greatest extent feasible and practicable -- exchange information regarding plans for scientific programs and scientific observations and results from Antarctica.
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The Handbook of the Antarctic Treaty (renamed) is now to include final reports of consultative meetings.
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CPs also enjoy a privileged status under Article XII concerning amendments and pursuant to Article XIII(1) concerning accession.
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In view of this situation, in which different treaty parties might be bound by different sets of rules, the CPs in 1975, in Recommendation VIII-8, urged n the States that have or will become Parties to the Antarctic Treaty to approve the recommendations adopted at consultative meetings." In 1977 the final report of the special CP meeting emphasized that CPs might urge a state that considered itself entitled to CP status to make a declaration of intent to approve the recommendations in force and might also invite such a potential CP to consider approval of the other recommendations.7 Certain issues have been made subject to separate agreements negotiated under the authority of the treaty: the 1972 Convention for the Conservation of Antarctic Seals (Seals Convention) and the 1980 Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR)
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provides that each contracting party that has acceded to the treaty be entitled to participate in the consultative meetings during such time as that contracting party "demonstrates its interest in Antarctica by conducting substantial scientific research activity there, such as the establishment of a scientific station or the dispatch of a scientific expedition. n A recommendation adopted during the special consultative meeting in July 1977 contains the procedures giving effect to Article IX(2)
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Kimball adds that the onslaught of antarctic minerals development and supporting operations would add a whole new dimension to the possibility of accidents and cumulative environmental impacts in Antarctica. Translated into the present context, an admission ticket based on performance criteria might in certain respects lead to situations that would raise serious objections on environmental grounds.
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The increasing interest in these negotiations in particular, and in the management of the Antarctic in general, should and could be met -- at least as a first step -- by an appropriate observer-status arrangement in the regular and special consultative meetings (see below)
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At the preparatory meeting for the twelfth CP meeting, in April 1983, the CPs decided to invite the NCPs to attend the twelfth biennial CP meeting, in Canberra in September 1983, as observers. All NCPs -- except Czechoslovakia -- were represented at the meeting in Canberra.
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During the special consultative meeting on the minerals regime in Tokyo in May 1984, the NCPS were kept informed at regular intervals. It was decided to invite NCPs as observers to future meetings on this theme.
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However, accession to the Treaty becomes meaningful only if the acceding parties are entitled to participate in the international antarctic cooperation in a manner which corresponds to the obligations they have undertaken according to the Treaty. The Danish government therefore welcomed the invitations to participate as observers in the future regular CP meetings and in the special consultative meetings on the minerals regime.
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However, if owing to such increased incentives the total membership of the Antarctic Treaty is substantially increased, the current management mechanisms may need to be further developed. Holding meetings among representatives of 20 or 30 countries is one thing; organizing meetings of representatives from 60 countries or more is a more complex task.
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He noted that Denmark has a history of demonstrated interest in Antarctica by virtue of its involvement in ship transport, construction work, and scientific research there, but the first two types of activity do not seem to be considered in the determination of CP status. Bruckner added that if CP status were to be relevant to the minerals regime, any of three changes in that status could make it more acceptable to those outside: modify the criteria, interpret them more flexibly or reduce the differences between CP and NCP status.
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NOTES The J Lauritzen polar vessels have throughout the years carried Australian, French, British, Belgian, and Dutch scientific expeditions and their supplies to the antarctic continent and returned with parties who had wintered there; see Thorsoe, S
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14. See Report of the Twelfth Consultative Meeting, Polar Record 22(136)
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17. See Report of the Twelfth Consultative Meeting, Polar Record 22(136)
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~ m e Meeting considered in Plenary Session the question of procedures to be adopted to give effect to Article IX, paragraph 2, of the Antarctic Treaty ... and decided as follows: n The Representatives of the Consultative Parties Recognizing the need for a procedure of consultation to be adopted between them in the event that another State, having acceded to the Antarctic Treaty, should notify the Depositary Government that it considers it is entitled to appoint Representatives to participate in Antarctic Treaty Consultative Meetings; Recalling that Recommendations which became effective in accordance with Article IX of the Treaty are, in terms of that Article 'measures in furtherance of the principles and objectives of the Treaty'; "Recalling their obligation under Article X of the Antarctic Treaty to exert appropriate efforts, consistent with the Charter of the U.N., to the end that no one engages in an activity in Antarctica contrary to the or inciples or purposes of the Treaty; "Recognizing that the entitlement of an acceding State to appoint Representatives to participate in Antarctic Treaty Consultative Meetings under Article IX, paragraph 2, of the Treaty depends on such a State demonstrating its interest in Antarctica by conducting substantial scientific research activities there, such as the establishment of a scientific station or the dispatch of a scientific expedition; "Unanimously decide: 1.
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From page 334... ...
Consultative Parties, in exercising the obligation placed on them by Article X of the Treaty, shall examine the information about its activities supplied by such an acceding State, may conduct any appropriate enquiries (including the exercising of their right of inspection in accordance with Article VII of the Treaty) and may, through the Depositary Government, urge such a State to make a declaration of intent to approve the Recommendations adopted at Consultative Meetings in pursuance of the Treaty and subsequently approved by all the Contracting Parties whose Representatives were entitled to participate in those meetings.
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"We have noted, furthermore, with satisfaction that the Consultative Parties are receptive to a more meaningful and substantive participation of Nonconsultative Parties, which would undoubtedly contribute to strengthening the system. Likewise the delegations of the Nonconsultative Parties fully endorse statements of Consultative Parties which have been made during the Twelfth Consultative Meeting regarding the importance of the availability of information to the Nonconsultative Parties so as to facilitate their participation in the various antarctic meetings.
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