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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26. The Evolution of the the Antarctic Treaty System - The Institutional Perspective
26. The Evolution of the the Antarctic Treaty System - The Institutional Perspective
Pages 391-412
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From page 391... ...
Tucker Scully INTRODUCTION m e Antarctic Treaty and the agreed recommendations and separate conventions developed pursuant to the treaty compose a system for managing activities in Antarctica-those activities that were taking place in 1959 when the treaty was concluded as well as activities that have developed since then. Analysis of the treaty system logically proceeds from two general perspectives: first, consideration of the substantive provisions of the treaty and the content of the steps undertaken under the aegis of the treaty -- an analysis of what the treaty system has accomplished; and second, consideration of the process by which these steps have been accomplished -- an analysis of how the treaty system operates.
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From page 392... ...
Further, the parties to the treaty agree, to the greatest extent practicable and feasible, to exchange information regarding plans for scientific programs in Antarctica, to exchange scientific personnel among expeditions and stations in Antarctica and to exchange and make freely available scientific observations and results from Antarctica. Finally, in the promotion of international cooperation in scientific research in Antarctica, every encouragement is to be given to the establishment of cooperative working relations with those U.N.
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From page 393... ...
To establish these basic obligations relating to the peaceful use of Antarctica and to scientific research, the Antarctic Treaty also had to deal with basic legal and political differences over the status of Antarctica. Seven of the original signatories -- Argentina, Australia, Chile, France, New Zealand, Norway, and the United Kingdom -- assert claims to territorial sovereignty in Antarctica.
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From page 394... ...
In addition to representatives of the 12 original signatories, participation in the meetings referred to ill Article IX is open to representatives of any party that later accedes to the treaty during such time as that party demonstrates its interest in Antarctica by the conduct of substantial scientific research activity there, such as the establishment of a scientific station or the dispatch of a scientific expedition.
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From page 395... ...
THE ANTARCTIC TREATY SYSTEM -- SUBSTANTIVE CONTENT The Antarctic Treaty System, thus, refers to the Antarctic Treaty and the recommendations, measures, and agreements developed pursuant to the treaty, taken together with the consultative mechanism itself. There have been 138 agreed recommendations to governments developed at the 12 regular consultative meetings held since 1961.
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From page 396... ...
Equally important, there have been agreed recommendations concerning antarctic resources. With respect to living resources, consultative meeting recommendations have led to the negotiation and conclusion of the 1972 Convention for the Conservation of Antarctic Seals and the 1980 Convention on the Conservation of Antarctic Marine Living Resources.
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From page 397... ...
As is indicated in its title, CCAMLR has as its objective the conservation of antarctic marine living resources, with conservation understood to include rational use of resources. CCAMLR rests on an "ecosystem approach" to management of living resources and requires that any harvesting activities be conducted in accordance with conservation principles designed to ensure the health of target and dependent populations, to maintain ecological relationships, and to prevent irreversible changes in the antarctic marine ecosystem.
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From page 398... ...
With respect to antarctic mineral resources, the Antarctic Treaty consultative parties, at the eleventh consultative meeting, held in Buenos Aires in 1981, agreed that a regime for antarctic mineral resources should be concluded "as a matter of urgency." The relevant recommendation -- Recommendation XI-l -- called for convening a special consultative meeting to elaborate a regime and to undertake other steps relating to the negotiations, including a decision as to the form of the regime and procedures for its adoption. The term "regime" used in Recommendation XI-1 is understood to mean an international system for making decisions about possible mineral resource activities in Antarctica.
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From page 399... ...
Maintenance of the Antarctic Treaty in its entirety, · Ensuring protection of the unique antarctic environment and of its dependent ecosystems, · Ensuring that the interests of all mankind in Antarctica are not prejudiced, · Ensuring that the principles of Article IV of th Antarctic Treaty are safeguarded, · Inclusion of procedures for adherence by states other than consultative parties, · Application of the regime to all mineral resource activities on the Antarctic continent and its adjacent offshore areas but without encroachment on the deep seabed, · Provision for cooperative arrangements between the regime and other relevant international organizations, and · Promotion of the conduct of research required to make the necessary environmental- and resourcemanagement decisions.
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From page 400... ...
The first session of the special consultative meeting on antarctic mineral resources convened to begin the process of elaboration of the regime took place in Wellington, New Zealand, in June 1982. This has been followed by an informal session, also in Wellington, in January 1983; a formal session in Bonn in July 1983; an informal working group in Washington in January 1984; an informal session in Tokyo in May 1984; and an informal session in Rio de Janeiro in February/March 1985.
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From page 401... ...
Supported from the outset by SCAR, the consultative parties, on the basis of the provision for meetings contained in Article IX, have elaborated an effective consultative mechanism. The practice has emerged of holding a regular consultative meeting at approximately two-year intervals.
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From page 402... ...
The second and fourth special consultative meetings were convened to deal with resource issues -- antarctic marine living resources and antarctic mineral resources, respectively. An antecedent for the special consultative meetings is to be found in the special preparatory meeting on antarctic mineral resources, which took place in Paris in 1976 to prepare for the item on mineral resources on the agenda of the ninth consultative meeting.
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From page 403... ...
As indicated earlier, the same pattern is being followed with regard to antarctic mineral resource issues. The fourth special consultative meeting opened with a formal session in Wellington in June 1982, and has been followed by one formal session, three informal sessions and an informal working group meeting.
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From page 404... ...
These characteristics should not mask the fact that the treaty system has also been flexible and innovative in response to new and evolving issues. Within this system, the consultative mechanism itself -- the consultative meetings -- plays the primary role in the identification of issues requiring common action or response by the Consultative Parties.
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From page 405... ...
The requirements of conserving antarctic marine living resources were determined to be controlling rather than the definition of the Antarctic Treaty area. The CCAMLR also envisages participation in the management system by a group of countries which may, and in fact does, differ distinctly from the Consultative Parties currently entitled to participate in the meetings provided for in Article IX of the Antarctic Treaty.
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From page 406... ...
, there has been increased attention to the operation of the system. The subject figured prominently on the agenda of the twelfth Antarctic Treaty consultative meeting, held in Canberra in September 1983, and is likely to be an important item at the thirteenth consultative meeting in late 1985.
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From page 407... ...
The operation of the Antarctic Treaty System -- both in the substantive sense and in the institutional sense-rests on the juridical provisions contained in Article IV. These provisions reflect two basic conclusions: · First, that it is not necessary to resolve differences over the legal and political status of Antarctica in order to establish the basis for managing human activities in Antarctica, and · Second, that efforts to resolve differences over the legal and political status of Antarctica would be inconsistent with the commitment to reserve Antarctica exclusively for peaceful purposes.
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From page 408... ...
The activities criterion for achieving consultative status under the Antarctic Treaty or for membership in the Commission under CCAMbR therefore flows from the Article IV approach. This approach has permitted an extremely diverse group of countries to cooperate effectively on Antarctic matters even during periods when relations among individual consultative parties have otherwise been hostile or even combative.
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From page 409... ...
Action at the twelfth consultative meeting was followed by similar agreement in the special consultative meeting on antarctic mineral resources; nonconsultative parties to the antarctic treaty were invited to attend as observers the antarctic mineral resource negotiations. As noted earlier, there was attendance at the 1984 CCAMLR meeting by observers from Spain and Sweden (parties to CCAMLR)
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From page 410... ...
With respect to the general question of information about the Antarctic Treaty System, the same recommendation of the twelfth consultative meeting suggested a number of items to ensure broader availability of consultative meeting reports, the record of agreed recommendations adopted at consultative meetings, and consultative meeting documentation. The consultative meeting also called on the depository government (United States)
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From page 411... ...
411 NOTES 1. Scully, R.T.
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