Committee:
GA 3 – Territorial
Issue:
The Question of the Antarctic region
Student Officer:
Tolga Ferdi Çalışır (Deputy Chair of GA 3)
I- Introduction
Due to its historically freezing temperatures, the Antarctic remains as the only
continent without any indigenous inhabitation. Never has a government been established in
the region and its exploration only started in the late 19th and early 20th century. Seven
countries that have pioneered these explorations have consequently started making territorial
claims based on their previous operations in the region. These countries are: Argentina,
Australia, Chile, France, Great Britain, New Zealand and Norway.
Later in the International Geophysical Year (IGY [1957-58]), 12 nations, including the
initial 7 which have territorial claims, established scientific research stations across the
continent. These stations generated a very scientific apprehension of the land and have
contributed massively to many discoveries. As a result of the success of the programs, in
1959 these countries decided to establish the Antarctic Treaty, which would indefinitely
ensure the peaceful continuation of scientific operations. Ever since the continent has been
governed as part of this treaty, which has gathered 50 signatories.
With the immense need for more resources and Earth’s ever-increasing population in the
heavily consumption based 21st century, such additional resource rich land will gather the
even bigger interest of many nations in the future. As the ice coat is slowly melting, potential
conflicting interests can certainly not be out ruled as no country has even considered revoking
their sovereignty claims. There are many infringements to the Arctic Treaty, which all also is
jeopardizing the greater benefit of all mankind and dealing with these infringements is crucial
when attending to the issue at hand.
II- Involved Countries and Organizations
United Kingdom
United Kingdom (UK) was the first country to establish a territorial claim in 1908.
The claimed British Antarctic Territory (BAT), which spans between longitudes 20°W and
80°W, was later finalized in 1961. This area overlaps with the claimed Chilean Antarctic
Territory (1940) and Argentine Antarctica (1942), the Argentinian claimed territory. To honor
the Queen, in 2012 part of the BAT was named Queen Elizabeth Land.
Norway
Following their active involvement in the exploration of Antarctica, in 1939 Norway
instituted a territorial claim. This area between 20°E and 45°E was named Queen Maud Land
(QML) and encompasses a sixth of the entire continent. The Amundsen Sea is also part of the
QML.
Australia
The largest claimed portion of the Antarctic was claimed by Australia in 1933 while
it still was a colony of the UK. The initial UK claim of this area was later transferred to the
Commonwealth of Australia. The Australian Antarctic Territory (AAT), spans between 45°E
and 160°E, excluding the small claimed French area (136°E to 142°E). Recently the
Australian government issued a statement that said: "Antarctic bases are increasingly used
for 'dual-use' scientific research that's useful for military purposes" and warned the
international community possible military activity on the continent.
New Zealand
While still a colony of the United Kingdom, New Zealand established a territorial
claim on the lands between 160°E to 150°W. The initial UK claim of this area was later
transferred to the Commonwealth of New Zealand. The area was named Ross Dependency
after the explorer Sir James Clark Ross. The Ross Sea also is the biggest known Petroleum
reserve in Antarctica.
France
In 1924, France claimed the
area 136°E to 142°E and named it
Adélie Land. It is a very small
portion of the continent and is
between parts of the Australian claim.
Argentina
The land between 25°W and
74° W was claimed by Argentina in
1942 and was named Argentine
Antarctica. This area overlaps with
the Chilean and British Claims and is
cause for future potential conflict
between these parties.
Chile
In 1940 Chile claimed the
area between 53°W and 90°W and
named it Chilean Antarctic Territory.
These claims overlap with the
Chilean and British Claims. With its
130 populants the Chilean Antarctic
Territory serves as the only Antarctic area with a civil settlement.
China, USA and Russia
Although these three countries currently do not have territorial claims on Antarctica,
they reserve the right to make future claims and also have a very strong presence on the
continent with the research stations they have established all across the areas claimed by the
seven initial claimers.
III- Focused Overview of the Issue
Although there isn’t a ruling government in the Antarctic, The Antarctic Treaty
System (ATS) serves as a regulating set of treaties concerning countries’ operations on
Antarctica, with the legal jurisdiction of its signatories. Annual meetings are held to make
necessary but relatively non-binding decisions within those forums. While the original treaty
that was signed on December 1st 1959 by the 12 countries active during the IGY, guarantees
the continuance of scientific research on the continent, it also bans any military presence and
prospecting for minerals. Any operation should only be aiming for the greater good of
mankind in an intellectual and peaceful sense. Its primary aim is the natural preservation of
the continent and the prevention of its exploitation, which can only be ensured by strictly
scientific activity. The treaty temporarily also deals with the territorial claims.
1) Current Scientific Activity
The number of operational research stations has reached 70 since the programs’
beginnings in the 1950s. Approximately 30 different nations have permanent bases on the
continent and the numbers increase as Field Camps are also set up in the Antarctic summer.
Countries like Chile, Japan, Argentina, USA, China and Russia all have a very strong
presence in the region with their established permanent bases, which range up to 7 bases per
country. Many of these stations infringe territorial sovereignty claims of the claimants. In fact
the US station Amundsen-Scott located at the exact South Pole, infringes all of the seven
claims. However, one must recognize that these research stations have definitely given
mankind a better understanding of the continent and have massively contributed to
international scientific development.
2) Territorial Sovereignty Claims
In accordance with its 4th article, the Antarctic Treaty does not recognize or renounce
any territorial sovereignty claims. As a result none of the claims are weakened or
strengthened on an international level and all seven of the claimants already have domestic
jurisdiction on a national level. The treaty also prevents new claims from being made while
the treaty is in force. However contradictory to the treaty, the United States of America,
Russia and many other countries explicitly state that they reserve their rights to make future
claims. Overall, the ATS postponed any conflict between nations with regards to their
territorial sovereignty claims, to future discussions.
3) Military Activity
The Antarctic Treaty out rules any kind of military activity including troop
deployment, weapons research and the usage of Antarctica for surveillance purposes. Any
nuclear explosions and waste disposal is also banned. However Antarctic research bases have
become increasingly militarized in the last decade. Argentina and Chile sustain a permanent
army presence on the continent. Moreover, Australia recently recognized China’s latest
research base as a threat due to its surveillance potential.
It is very likely that many other states are not reporting their military deployment and
activities, while others use civil security contractors to fulfill their military aims. Since all of
these activities are run secretly we have no way of knowing the actual magnitude of military
presence, but one can easily predict that there is the direct infringement of ATS in multiple
occasions by a significant number of the countries with operational bases in Antarctica.
4) Prospecting for Minerals
The Antarctic has an abundance of many resources that are considered scarce and
needed in all the other continents. Estimates predict that there are 200 billion barrels of oil
below the 60° S latitude. The terrain also houses one of the planet’s largest coal and iron ore
reserves. Currently, any activity for the commercial prospecting for minerals and resources is
prohibited under the ATS. Moreover their extraction is very costly due to the harsh
environmental and geographic conditions. However, the protocol that bans Antarctic
prospecting will require renewal in 2048 and the economic situation is likely to be very
different then. The demand for new resources increases massively everyday and the economic
situation in 2048 might make their extraction relatively profitable. In this case the signatories
of the treaty will certainly be more reluctant in signing the extension of the protocol and are
more likely to become more active about their claims in the Antarctic.
5) Infringement of the ATS
There have been many incidents where the direct infringement of the ATS occurred.
A strong sense of secret military activity is present in many of the research centers and their
surveillance roles have also increased. Moreover, some of the signatories also have made
statements, which are in contrary with the treaty. Enforcement of the ratified treaty is purely
based on mutual self-control by the signatories. No other supranational organization like the
United Nations (UN) actually is involved in making sure that the treaty is being followed. As
a result, there is no tangible deterrent or punishment. Nearly all of the 12 signatories infringe
the treaty in one way or the other, none of them really do something against the others' wrong
doings. Without arising too much public attention and opposition every nation pursues their
own benefit, while disregarding the fact that they are infringing the treaty. The treaty itself
lacks the necessary implementation when there is infringement.
IV- Key Vocabulary
Antarctic: The Antarctic is the polar region around the South Pole and includes the Antarctic
continent, islands, ice shelves and waters. It is mostly located south of the 60°S latitude and
does not officially belong to any ruling body.
Territorial Sovereignty Claim: If a country or group makes a territorial sovereignty claim, it
asserts that a certain area of land belongs to them and declares or requests its rule within that
area. Such claims may either be internationally recognized or can remain unrecognized as in
the case of the Antarctic.
V- Important Events & Chronology
Date
Event
1900-1957
The seven countries that have territorial claims in the
Antarctic make their first Antarctic explorations and claim
territory afterwards.
1957-1958
As part of the International Geophysical Year, 12 countries
set up scientific research centers in the Antarctic.
01.December.1959
23.June.1961
1991
1998
1984 and 1996-2005
The Antarctic Treaty is signed.
The Antarctic Treaty becomes effective.
The then 39 ATS signatories agree to a minimum 50-year
prohibition of all mineral prospecting, resulting in a stronger
determination to keep Antarctica for peaceful, scientific
purposes.
The Environmental Protocol to the Antarctic Treaty comes
into force, ensuring the further environmental preservation
of the Antarctic lands.
United Nations Environment Programme regularly prepares
reports on the Question of Antarctica, submittes to the
General Assembly (GA) by the Secretary General. UN
involvement also includes regular GA resolutions following
the reports.
VI- Past Resolutions and Treaties
1) The Antarctic Treaty System (ATS)
The Arctic Treaty and its associated agreements are collected under the umbrella of a
system called ATS. The documents within the system have been signed by 50 states and
regulate the international diplomacy concerning Antarctica. The ATS prohibits any military
or nuclear activity, ensures the environmental protection of the area and promotes peaceful
scientific research on the continent. It doesn’t strengthen or out rule any previous territorial
claims, however it prevents new claims from being made while it is still in force. In spite the
fact that the ATS is explained in detail as part of the “Focused Overview of the Issue”
section of this Chair Report, we strongly suggest you to read the entire treaty.
2) Regular UN Reports and Resolutions
Following GA Resolution 38/77, a detailed report about the situation in the Antarctic
was submitted in 1984. Later on, GA Resolution 49/80 requested the Secretary General to
submit such reports in a regular manner. In total 5 reports were prepared by the United
Nations Environment Programme and presented to the GA. This was later discontinued in
2005 and the Question of the Antarctic is no longer on the Agenda of the GA. These reports
and resolution only provided member states with detailed information and pretty much
restated the ATS and its importance. However it did not have an impact on nation’s
behavior, as none were entirely binding and deterrent. You can reach all resolutions and
reports here.
VII- Failed Solution Attempts
So far there were three major solution attempts to deal with the Question of the
Antarctic:
1) Regular UN Reports and Resolutions
While the previous UN involvement brought the issue to a larger scale in the
international arena, it also provided us with unbiased creditable information within the
Secretary General Reports. However besides providing
information and reminding states to follow the ATS, it did not transfer any supernatural
sanction to the ATS, nor did it provide any solid action plan in order to stop possible
infringements and ensure the continuation of peaceful activity on the continent. It also did
not touch upon any of the territorial claims. The regular reports were later discontinued in
2005.
2) The Antarctic Treaty System
The ATS to a certain extend ensured that the operations in Antarctica remain
primarily scientific and prevented any major environmental damage. So far no country has
actively prospected minerals. It also established a certain amount of transparency by making
nations share their findings, however a huge amount of information is still being concealed.
Especially military activity and deployment remains, as a primary issue of concern and ATS
could not regulate it in a practical sense. Moreover, the ATS also completely abstains from
dealing with any of the territorial claims and has no tangible enforcement upon
infringements.
3) Inspections by Non-Governmental Organizations
Non-Governmental Organizations, primarily Greenpeace, have regularly inspected
the Antarctic bases of different countries, making sure that there is no infringement of the
treaty. However, they certainly hadn’t had complete access to all sites and information has
been withheld from them. Additionally, NGO’s also don’t have the legal jurisdiction or
political power, besides their ability to arise public awareness and movement. As a result the
success was limited. We also have to keep in mind that NGO’s are only considering the
environmental side of things and rightfully do not touch upon the political issue of territorial
claims.
VIII- Possible Solutions
The main reason why all the previous attempts have failed is the lack of an
organization or council with the authority to strictly enforce the ATS. In the lack of such
authority, nations with Antarctic presences pretty much do as they wish. A strong deterrent is
needed. Moreover, possible solutions should emphasize more transparency between countries,
stopping any further military activity and ensuring the environment is preserved from all sorts
of harm. I would suggest getting the UN more involved in the resolution with the conflict, as
so far they have been reluctant to act. To ensure the peaceful continuation of scientific
research, the international community has to become more aware of the situation. Another
point to keep in mind would be renewal of the protocol that is due in 2048.
As the topic lacks previous effective measures, I strongly encourage you to dig deep
in your research and come up with creative and brand new solutions.
IX- Useful Links
You are definitely encouraged to further read the articles in the aforementioned links.
Here is a larger selection, which could be of help:
1) ATS:
http://www.antarctica.ac.uk/about_antarctica/geopolitical/treaty/update_1959.php
2) Access to all UN Documents:
http://www.unep.org/dewa/Assessments/Ecosystems/Antarctica/ReportsoftheUNSecr
etaryGeneral/tabid/6960/Default.aspx
3) Australian Perspective: http://www.antarctica.gov.au/
4) Detailed independent BBC Article: http://www.bbc.com/news/magazine-27910375
5)
UN Report of the Secretary General: http://www.unep.org/dewa/Portals/67/pdf/A39-583-Part_I.pdf
6) Cambridge Study: http://books.google.com.tr/books?id=xslqKwOpqoC&pg=PA85&lpg=PA85&dq=infringement+of+the+antarctic+treaty&sourc
e=bl&ots=sQ2rps4Aoj&sig=wOuI70lso_6NIMJByi1L1DtU6O8&hl=en&sa=X&ei=
P5POU4z5Lemj4gTtuIHYCA&ved=0CC8Q6AEwBQ#v=onepage&q=infringement
%20of%20the%20antarctic%20treaty&f=false
X- Works Cited
"The Antarctic Treaty (1959)." The Antarctic Treaty (1959). British Antarctic Survey, n.d.
Web. 22 July 2014.
<http://www.antarctica.ac.uk/about_antarctica/geopolitical/treaty/update_1959.php>
.
"Greenpeace Victories." Greenpeace International. Greenpeace International, n.d. Web. 22
July 2014. <http://www.greenpeace.org/international/en/about/victories/>.
"Protocol on Environmental Protection to the Antarctic Treaty (1991)." Protocol on
Environmental Protection to the Antarctic Treaty (1991). British Antarctic Survey,
n.d. Web. 22 July 2014.
<http://www.antarctica.ac.uk/about_antarctica/geopolitical/treaty/update_1991.php>
.
"Research Areas." Amundsen-Scott South Pole Station. National Science Foundation, n.d.
Web. 22 July 2014. <http://www.nsf.gov/geo/plr/support/southp.jsp>.
Rothwell, Donald. The Polar Regions and the Development of International Law. Cambridge:
Cambridge UP, 1996. Print.
"Who Owns Antarctica?" Australian Antarctic Division. Australian Antarctic Division, n.d.
Web. 22 July 2014. <http://www.antarctica.gov.au/about-antarctica/people-inantarctica/who-owns-antarctica>.