40th Session Issues
Question of Antartica
by
William Byrne
Definition
The question of Antartica has centered around the administrative rights given to nations who have signed the 1959 Antarctic Treaty. Under this treaty, nations formed the Antarctic Treaty Consultative Parties (ATCPs). Concerns over the growing exclusiveness of the ATCPs have prompted calls to have the international community involved in the management of Antarctica's natural- resources.
Background
Located at the South Pole, Antarctica is the most isolated and inhospitable of all the continents. This white, ice covered land was over looked by mainstream exploration until the early 20th century. Between 1900 and 1914, Antarctica was penetrated by Amundson, Scott, Shakleton, Mawson and others. As the continent began to yield its secrets, the first territorial claims began to emerge. At the same time, the development of lucrative commercial whaling in Antarctic waters compounded the frenzy over territorial claims. As technology and scientific research developed, during and after World War 11, competition and tension over territorial claims intensified.
These claims were based on various legal grounds, including discovery, occupation, inherited rights, continuity, geological affinity, and geographic proximity, formal acts of possession and administrative acts. Claims began at the Pole and radiated outward, dividing up the continent into pie shaped wedges. The United Kingdom, Argentina and Chile have claims that overlap each other and have been in dispute since the 1940's.
The International Geophysical Year (IGY)(1 July 1957 to 31 December 1958) brought with it a new sense of international cooperation and good will. The emphasis shifted from development to cooperative scientific research. These activities laid the foundation for the Antarctic treaty. To continue with the success of the IGY, twelve nations, Argentina, Australia, Belgium, Chile, France, Japan, New Zealand, Norway, South Africa, the Union of Soviet Socialist Republics, the United Kingdom, and the United States, agreed to conclude a treaty aimed at preserving the continent for scientific research.
The Antarctic Treaty was signed in 1959 and enacted in 1961. It marked a giant step in preserving the continent for future generations. The treaty stipulates in the preamble that, "...it is in the interest of all mankind that Antarctica shall continue forever to be used for peaceful purposes and shall not become the scene or object of international discord." To assure this, the treaty provides a framework for activity in Antarctica in accordance with the principles of the U.N. Charter. Among its more important features, the treaty:
- Reserves Antarctica exclusively for peaceful purposes; Freezes all territorial claims;
- Prohibits all military activities including conventional or nuclear weapons testing, nuclear explosions, disposal of nuclear waste, and allows for on sight inspection to monitor compliance;
- Guarantees freedom of scientific research and allows for the exchange of personnel.
The treaty is open to accession by any member of the United Nations. Nations who engage in Antarctic research and participate in the biannual meetings are consultative parties. Nations who have just acceded to the treaty are non-consultive parties. In addition to the twelve original signators, twenty-three nations have entered into the treaty. These nations are: Austria, Brazil, Bulgaria, Canada, China, Czechoslovakia, Cuba, Denmark, Ecuador, Finland, the German Democratic Republic, Federal Republic of Germany, Hungary, India, Italy, the Netherlands, Papua New Guinea, Peru, Poland, Romania, Spain, Sweden and Uruguay. Of the additional twenty-three nations only Poland, the Federal Republic of Germany, Brazil, India, China, Uruguay, Italy, and East Germany have become members of the ATCPs.
In the Spring of 1988, Sweden, Peru, and Spain notified the depository government, the United States, of their intentions to seek consultative status. To be granted consultative status the request must be considered within one year of notification.
The duration of the treaty is indefinite, but modification by unanimous consent may occur at any time. There is also an optional review after 30 years. This will occur in 1991. At this time any signatory may remove itself from the treaty.
United Nations Involvement
The question of Antarctica was first discussed in the General Assembly in 1983. The Assembly asked the Secretary General (resolution 38/77) to prepare a, "Comprehensive, factual, and objective study on all aspects of Antarctica, taking fully into account the Antarctic Treaty system and other relevant factors." 10 The study was put before the First Committee in 1984 and was the focus of the committee in 1985. The report deals with the geography of the continent, the legal and political background, the scientific concerns, environ- mental protection, and natural resources in the area.
Most members felt that the treaty system was working well and the UN involvement is a precursor to the dismantling of one of the only truly successful international treaties. However, developing nations argued that they were being excluded from Antarctic matters. They saw the treaty as a document that eliminated their participation. The prohibitive cost assoiated with Antarctic research made membership in ATCPs an economic impossibility.
Antarctica's economic potential has been a subject of speculation for years. There have been recorded finds of a wide variety of minerals. Often only found in small quantities, they include iron, coal, copper, molybedenum, gold, silver, chromium, nickel, cobalt, platinum, lead, zinc, tin, manganese, titanium and uranium. Since most deposits lie one and one half miles beneath an ice cap, exploration and recovery is not yet economically feasible.
While the practical exploitation of Antartica's mineral wealth may be 50 to 100 years in the future, development of oil and natural gas resources are a more probable near- term source of monetary gain. During the past decade, at least eight nations have conducted seismic explorations of Antarctica's continental shelf. The technology required to deal with icebergs twice the size of Rhode Island is some 10 to 20 years away.
However, this has not delayed the ATCPs in their apparent "rush" to negotiate a mineral regime among themselves. Nevertheless, several speakers noted that the lack of widespread international support for the treaty would compromise its validity and that they would not recognize a regime that had been negotiated outside the United Nations Framework.
The Antarctic Mineral Convention was approved in 1988, and faces a two year ratification battle. The convention replaces the voluntary moratorium on mining that has been in place since 1977.
The failure of the ATCPs to provide the international community with information regarding the mineral treaty negotiations has resurrected requests that the Secretary General be fully informed on all aspects of the question of Antarctica so that the United Nations can function as a "central repository of such information.'is The request that the Secretary General participate in all Antarctic Treaty meetings has arisen, as well. Malaysia, as the leading sponsor of the Antarctic agenda item in the General Assembly, noted, "The international community could be involved, even if indirectly, in Antarctica, and it would also be able to judge if its interest and concerns are being accommodated."
Suggestions for Additional Research
While it would be easy to polarize the developed and developing nations on the Question of Antarctica, this is not always the case. At least six nations, who belong to the Consultative Parties, can be classified as developing nations. Correct information may be found by researching voting records, ]resolutions, policy statements, treaties, conventions that make up the Antarctic Treaty System, and environmental newsletters, as well as the standard research methods. Due to the long history of this agenda item, both in the General Assembly and the First Committee, some material may be dated. With historical perspective in mind, the information may give some insight into a realistic country perspective.
Resolutions that may be helpful include: 40/156, 41/88, A40/1566, A40/200, 39/152
Sources
- Banks, Arthur S., F-d., Political Handbook of the World, State University of New York at Binghamton: CSA Publications, 1987.
- Doerner, William R., "How to Open up the Coldest Cache," Time, June 20, 1988.
- Pirages, Dennis, Global Technopolitics, Pacific Grove, California: Brooks/Cole Publishing, 1989.
- Priit, J. Vesiland, "Antarctica", National Geographic, April 1987
- Scott, David Clark, "Treaty Opens up World's Last Untouched Continent to Mining," Christian Science Monitor, June 7, 1988.
- Tessitore, John & Woelfson, Susan, Issues Before the 43rd General Assembly of the United Nations
- "Antarctica Treaty," GIST, Bureau of Public Affairs, U.S. Department of State, September 1987.
- UN Chronicle, Feb. 1986.
- UN Chronicle, Feb. 1987.
- UN Chronicle, June 1988.