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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24. The Antarctic Treaty System from the Perspective of a New Member
24. The Antarctic Treaty System from the Perspective of a New Member
Pages 345-374
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From page 345... ...
, the Indian Ocean is bounded to the north by a landmass; it communicates only to the Antarctic Ocean and the South Pole, from which it derives energy and fertility. Recent investigations have revealed that the weather over the Indian Ocean is greatly influenced by the Antarctic environment.
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From page 346... ...
Hence, to understand the processes occurring in the Indian Ocean, knowledge of that part of the Antarctic Ocean that joins the Indian Ocean becomes very necessary.
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To undertake the preparatory work for the third International Polar Year, the proposal was formally placed before the Mixed Commission on Ionosphere -- a body formed by the International Council of Scientific Unions (ICSU)
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The work of the CSAGI also led to the establishment of an ad hoc committee in 1957 and thereafter a standing Special Committee on Antarctic Research. The special committee was renamed the Scientific Committee on Antarctic Research (SCAR)
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From page 349... ...
It has been particularly successful in two aspects, namely, keeping Antarctica free from military activities, including nuclear weapons, and persuading the seven states with territorial claims to put them aside for at least 30 years. It has worked admirably well administratively and more so scientifically, because scientific investigations have been continuously in progress irrespective of the political differences and territorial controversies.
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From page 350... ...
All the original members of the treaty were automatically regarded as consultative parties, whereas the countries that acceded to the treaty later could become consultative parties after they demonstrated a tangible interest in Antarctica by conducting substantial scientific research activity there, such as the establishment of a permanent scientific station or the dispatch of a scientific expedition. On such a demonstration, the country concerned ipso facto is entitled to consultative status.
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From page 351... ...
Became consultative party in 1977 (b) Became consultative party in 1983 (c)
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From page 352... ...
Some of these Agreed Measures, according to reviewers of the treaty, are tantamount to substantial legislation. The consultative parties have demonstrated a strong desire and a will to avoid conflict and promote cooperation by acting jointly to fulfill the objectives of the treaty.5 It may also be noted that the Antarctic Treaty System is not merely confined to the working principles established by the Antarctic Treaty parties and their consultative mechanism.
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From page 353... ...
At the twelfth ATCP meeting, held in Canberra in 1983, a resolution was adopted that recognized that SCAR has a unique assemblage of knowledge and expertise in antarctic science and expressed appreciation for the advice provided by SCAR to the ATCPs in response to various requests.6 m us, the ATCP meetings and their recommendations, along with the work of SCAR and the contributions of other scientific bodies, such as the Scientific Committee on Oceanic Research and the International Union for the Conservation of Nature and Natural Resources, which are concerned with antarctic matters, form a close-knit system governing the Antarctic. What exactly does this system seek to accomplish?
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From page 354... ...
This is particularly true for the Convention for the Conservation of Antarctic Seals adopted in 1972. This process of regulating activities under the conservation clause of the Antarctic Treaty has been referred to as a policy of n indirection" by some writers.8 Convention on Seals The consultative parties have accorded a high priority to the preservation and conservation of antarctic living resources.
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From page 355... ...
In an attempt to fill in the gaps left by the Agreed Measures that were adopted, the governments of the consultative parties were called to regulate seal hunting at the national level. During the fifth consultative meeting, the parties that reviewed the SCAR report prepared for that purpose concluded a draft convention regulating pelagic sealing.
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From page 356... ...
The recommendation outlined the basic elements of a convention and contained general interim guidelines. It also provided a mandate to prepare a draft for the regime of living resources to be discussed at a special consultative meeting.9 The special consultative meetings were held at different stages and prepared the final draft in 1978.
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From page 357... ...
Its functions include making recommendations on the establishment of conservation measures, the assessment of the state of living resources and the effects of proposed measures, submission of studies to the commission, and formulation of proposals for research. Some writers believe that the convention is in most aspects similar to an international fisheries commission adapted especially for the antarctic waters,l° while others are of the opinion that the convention can be regarded as a model instrument for the protection of the ecosystem, which differs greatly in both substance and form from fisheries agreements.]
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From page 358... ...
India will be actively participating in all future meetings relating to mineral resources. At the twelfth consultative party meeting, in which India participated, it was noted with appreciation that the negotiations on mineral resources were taking place in different forums, and the ATCPs welcomed the progress achieved in negotiations that had taken place so far and expressed the hope for an early completion of negotiations 12 A number of other organizations are also involved in the question of mineral resources of Antarctica.
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Ocean Studies: Ocean studies include antarctic oceanography and studies in antarctic marine geology and marine biology. Biologists have already gathered
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361 . girl 1 a)
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362 en U]
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. ~ The largest antarctic terrestrial animal is a 5-mm-long wingless insect found in the Antarctic Peninsula.
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To identify programs of significance in scientific and economic terms and pursue these as thrust areas in order to establish the position of Indian science in Antarctica. The expedition set up a base camp on the ice shelf and another, which was named Dakshin Gangotri, in the hilly terrain.
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From page 367... ...
POLITICAL I SSUES 1 The possibility in the future of exploiting mineral resources for commercial gain has resulted in a sudden increase of interest in Antarctica among many other countries. Thus, between 1961 and 1974, during a period of 15 years, only six additional states acceded to the Antarctic Treaty.
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From page 368... ...
This in turn has resulted in calls for a new international economic order and for the utilization of all natural resources beyond national jurisdiction for the common benefit of humankind. The longest and most widely attended conference in the history of the United Nations, the third Law of the Sea Conference (UNCLOS)
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From page 369... ...
In contrast, the 1970 CHM Resolution on the seabed had incorporated the principles of an earlier resolution passed in 1969 known as the moratorium resolution, which had prohibited activities relating to seabed resources pending the establishment of international machinery Thus, without going into much detail, it becomes quite clear that the CAM principle as contained in the Law of the Sea Convention under the section entitled "Principles Governing the Area" is contradictory in terms. It is therefore very difficult to accept the theory that the CHM principle has attained the status of universal international law.
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From page 370... ...
In fact, the document entitled "The Political Legacy of the International Geophysical Year," prepared for the Subcommittee on National Security Policy and Scientific Developments of the Committee on Foreign Affairs of the U.S. Congress, includes the United States among the claimant nations, although the word "unofficial" is used in brackets.l6 The USSR, on the other hand, has reserved all rights, based on the Russian discoveries, which include the right to present territorial claims if need be.
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From page 371... ...
It may be mentioned that in the negotiations for a mineral regime, the Beeby draft text has sought to give a special status to these two countries among the treaty parties as "the two states which, prior to the entry into force of the Antarctic treaty, had asserted a basis of claim in Antarctica. nl7 Apart from the recent attempt in the United Nations, there have been other instances when there were efforts to internationalize the antarctic issue.
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From page 372... ...
To maintain the true essence and spirit of the CHM principle, it is necessary to maintain scientific cooperation and activity unhampered by political or economic interests, and steps should be taken for the dissemination of scientific information obtained thus far for the benefit of mankind as a whole.
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From page 373... ...
The political legacy of the International Geophysical Year, in hearings before the Foreign Affairs subcommittee on National Security Policy and Scientific Development, U.S. House of Representatives (November 1973)
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From page 374... ...
1973. The political legacy of the International Geophysical Year, in hearings before the Foreign Affairs subcommittee on National Security Policy and Scientific Development, U.S.
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