Awaiting a Review: The Antarctica Treaty System
Antarctic Treaty System (ATS) regulates international relations
with respect to Antarctica. The ATS includes ‘The Antarctic Treaty’, the Madrid
Protocol and other mechanisms that are devised to be reviewed after a period of
50 years, as requisitioned by a Consultative Party. In 2048, the ATS will
undergo a review that could have significant implications on territorial
claims, resources and the environment of the continent.
Antarctica, the fifth-largest continent on the planet, has nearly 98 per cent of its vast 14 million sq km covered by thick ice sheets that hold 75 per cent of the world's freshwater. The Antarctic's latitudinal range spans from the Antarctic Circle (66° 33′ 39″ south of the equator) to the South Pole, encircled by the Southern Ocean, also referred to as the Antarctic Ocean. It is the sole continent that remains untainted by the march of human civilisation (with the exception of over 50 research stations strewn across the continent). The two per cent of ice-free land on the continent exposes rocks that throw light on the geological evolution of the continent.
A cold desert in nature, Antarctica has limited flora such as
mosses, liverworts, lichens, Antarctican Hair Grass and Antarctican Pearlwort,
and distinctive fauna such as the Royal Albatross, Crabeater Seal, Penguins,
Ross Seals, Snow Petrels and Krill, which are unique to its distinctive
geographical conditions
Governance in the Antarctic: The Antarctic
Treaty System
Antarctic Treaty System (ATS) regulates international relations
with respect to Antarctica. The ATS includes ‘The Antarctic Treaty’ and
protocols that ensure that ‘Antarctica shall continue forever to be used
exclusively for peaceful purposes and shall not become the scene or object of
international discord in the interests of all mankind’
Signed on December 1, 1959 by 12 countries, this Treaty has now
been acceded by total 56 members. Parties to the Treaty have been categorised
into Consultative Parties with voting power and Non-Consultative Parties
without voting power. The Consultative Party status is given to the countries
that not only accede to the Treaty but also conduct substantial research
activities in the Antarctic
The Treaty has 14 articles that govern different aspects of
activities in Antarctica (land and ice shelves excluding high seas) such
as scientific investigation; exchange of scientific personnel,
observations; status quo on claims of territorial sovereignty; prohibition of
nuclear weapons and disposal of radioactive waste; geographical extent;
national observers, aerial observation, expeditions; disputes; jurisdiction;
and preservation and conservation of living resources, scientific
stations
Additionally, the ATS includes the following protocols:
(a) ‘Environmental
Protection to the Antarctic Treaty’ also known as Madrid Protocol. The Protocol
has six annexes with provisions for the protection of the Antarctic ecosystem:
Environment Impact Assessment, Conservation of Antarctic Fauna and Flora, Waste
Disposal and Waste Management, Prevention of Marine Pollution, Area Protection
and Management, and Liability Arising from Environmental Emergencies Stations
(b) Convention
on the Conservation of Antarctic Marine Living Resources (CCAMLR); and
(c) Convention for the Conservation of Antarctic Seal.
2048 Review of the Antarctic Treaty System
The Antarctic Treaty, Madrid Protocol and other mechanisms are
devised to be reviewed after a certain period of time, as requisitioned by a
Consultative Party. The Antarctic Treaty was first reviewed in 1991 after being
signed in 1959 as per the provisions contained under section 2(a) of Article
XII. On its revision, the Madrid Protocol was signed in 1998 which explicitly
banned commercial mining and included standards for environmental protection,
conservation of biodiversity and management of the continent
Implications of Review on Territorial Claims
The Antarctic Treaty under Article IV freezes the territorial
claims of any nation over Antarctica (Secretariat of the Antarctic Treaty, 2023).
It states clearly that “No acts or activities taking
place while the present Treaty is in force shall constitute a basis for
asserting, supporting or denying a claim to territorial sovereignty in
Antarctica or create any rights of sovereignty in Antarctica. No new claim or
enlargement of an existing claim to territorial sovereignty in Antarctica shall
be asserted while the present Treaty is in force”
Experts warn that countries can reassert claims, with new fault
lines appearing if the Antarctic Treaty is brought up for discussion in 2048
and modified. This can prove to be the point of conflict among
nations. For instance, out of first 12 signatories, seven nations claimed
the territory of the Antarctic including the overlaps in their extents. For
example, Britain held claims based on their discovery of Falkland Islands in
1690, biogeographically a part of the Antarctic Zone (Steinbrunner et al., 2019;
Jonsdottir, 2007). Territorial claims of Argentina over an overlap led to the
conflict and violence at Hope Bay in 1952, prior to the signing of the Treaty (Steinbrunner
et al., 2019).
The other probable reason for conflict may be the permanent
stationing of research bases with embedded human presence. (Steinbrunner et
al., 2019). Conventionally, International Law outlines modes of acquisition of
sovereignty through—Terra Nullius (establishing control over an
unadministered territory); Prescription (maintaining effective control for a
long time); Cession or Accretion (Burghardt, 1973). Claimant States with
stations in Antarctica have extended laws, rules and jurisdiction over the
areas within their claims (Conforti, 1986). Although the Treaty has maintained
the status quo on territorial claims, the 2048 Treaty review provides an
opportunity to restrain the traditional Claimant States and Non-Claimant States
from seeking territorial rights and ensure that Antarctica remains a ‘Global
Common’.
Implications of Review on Resources
The extent of the Antarctic region is more than the combined
area of the U.S. and Mexico with innumerable natural resources
The Madrid Protocol has banned mining and resource exploitation
in the Antarctic
Implications of Review on Environment
Antarctica has lost an average of around 150 billion tonnes of ice
mass per year since 2002
Global warming and, consequently, the melting of glaciers and sea
ice combined with new technological developments can uncover a huge number of
resources beneath this cover. It can create unprecedented competition for resource
exploration and extraction. It also has implications beyond its borders, as the
wide cover of ice holds a vast amount of water. With increased temperature, the
melting ice can cause a significant rise in sea level.
Implications
on the Regime Itself
The Treaty's
governance system, consisting of Consultative and Non-Consultative Party
status, concentrates decision-making power in the hands of a limited number of
countries, resulting in an exclusive governance structure. With only 29 out of
the 56 member countries granted Consultative Party status, it is imperative to
reform the ATS to enhance its inclusivity.
It is also
imperative to enhance the inadequate representation of developing countries
from Africa, the Middle East, and even South Asia in the ATS (Yermakova, 2021).
Therefore, any review of the Treaty and its protocol should prioritise both
moral and practical considerations to ensure an inclusive governance system
that can be sustained in the long term. This is particularly important for
Antarctica, as such reform will help preserve its pristine condition.
Way Forward
The year 2048 bestows upon all the stakeholders, the responsibility to decide on the geopolitical and climatic stability in Antarctica. Human greed knows no bounds. A deleterious impact on one corner of the world can have consequences in all other parts. It is therefore important for all stakeholders come to a consensus on ensuring a sustainable future for Antarctica.
References
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