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1994-05-02
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<text>
<title>
Antarctica: Government
</title>
<article><hdr>The World Factbook 1993: Antarctica
Government</hdr><body>
<list>
<l>Names:</l>
<l> conventional long form: none</l>
<l> conventional short form: Antarctica</l>
</list>
<p>Digraph: AY
</p>
<p>Type:
</p>
<p> Antarctic Treaty Summary: The Antarctic Treaty, signed on 1
December 1959 and entered into force on 23 June 1961,
establishes the legal framework for the management of
Antarctica. Administration is carried out through consultative
member meetings - the 17th Antarctic Treaty Consultative Meeting
was in Venice in November 1992. Currently, there are 41 treaty
member nations: 26 consultative and 15 acceding. Consultative
(voting) members include the seven nations that claim portions
of Antarctica as national territory (some claims overlap) and 19
nonclaimant nations. The US and some other nations that have made
no claims have reserved the right to do so. The US does not
recognize the claims of others. The year in parentheses
indicates when an acceding nation was voted to full consultative
(voting) status, while no date indicates the country was an
original 1959 treaty signatory. Claimant nations are -
Argentina, Australia, Chile, France, New Zealand, Norway, and
the UK. Nonclaimant consultative nations are - Belgium, Brazil
(1983), China (1985), Ecuador (1990), Finland (1989), Germany
(1981), India (1983), Italy (1987), Japan, South Korea (1989),
Netherlands (1990), Peru (1989), Poland (1977), South Africa,
Spain (1988), Sweden (1988), Uruguay (1985), the US, and Russia.
Acceding (nonvoting) members, with year of accession in
parentheses, are - Austria (1987), Bulgaria (1978), Canada
(1988), Colombia (1988), Cuba (1984), Czechoslovakia (1962),
Denmark (1965), Greece (1987), Guatemala (1991), Hungary (1984),
North Korea (1987), Papua New Guinea (1981), Romania (1971),
Switzerland (1990), and Ukraine (1992).
</p>
<p> Article 1: area to be used for peaceful purposes only;
military activity, such as weapons testing, is prohibited, but
military personnel and equipment may be used for scientific
research or any other peaceful purpose
</p>
<p> Article 2: freedom of scientific investigation and
cooperation shall continue
</p>
<p> Article 3: free exchange of information and personnel in
cooperation with the UN and other international agencies
</p>
<p> Article 4: does not recognize, dispute, or establish
territorial claims and no new claims shall be asserted while the
treaty is in force
</p>
<p> Article 5: prohibits nuclear explosions or disposal of
radioactive wastes
</p>
<p> Article 6: includes under the treaty all land and ice
shelves south of 60 degrees 00 minutes south
</p>
<p> Article 7: treaty-state observers have free access,
including aerial observation, to any area and may inspect all
stations, installations, and equipment; advance notice of all
activities and of the introduction of military personnel must be
given
</p>
<p> Article 8: allows for jurisdiction over observers and
scientists by their own states
</p>
<p> Article 9: frequent consultative meetings take place among
member nations
</p>
<p> Article 10: treaty states will discourage activities by any
country in Antarctica that are contrary to the treaty
</p>
<p> Article 11: disputes to be settled peacefully by the parties
concerned or, ultimately, by the ICJ
</p>
<p> Article 12, 13, 14: deal with upholding, interpreting, and
amending the treaty among involved nations
</p>
<p> Other agreements: more than 170 recommendations adopted at
treaty consultative meetings and ratified by governments include
- Agreed Measures for the Conservation of Antarctic Fauna and
Flora (1964); Convention for the Conservation of Antarctic Seals
(1972); Convention on the Conservation of Antarctic Marine
Living Resources (1980); a mineral resources agreement was signed
in 1988 but was subsequently rejected; in 1991 the Protocol on
Environmental Protection to the Antarctic Treaty was signed and
awaits ratification; this agreement provides for the protection
of the Antarctic environment through five specific annexes on
marine pollution, fauna, and flora, environmental impact
assessments, waste management, and protected areas; it also
prohibits all activities relating to mineral resources except
scientific research; four parties have ratified Protocol as of
June 1993
</p>
<p>Legal system: US law, including certain criminal offenses by
or against US nationals, such as murder, may apply to areas not
under jurisdiction of other countries. Some US laws directly
apply to Antarctica. For example, the Antarctic Conservation
Act, 16 U.S.C. section 2401 et seq., provides civil and criminal
penalties for the following activities, unless authorized by
regulation of statute: The taking of native mammals or birds;
the introduction of nonindigenous plants and animals; entry into
specially protected or scientific areas; the discharge or
disposal of pollutants; and the importation into the US of
certain items from Antarctica. Violation of the Antarctic
Conservation Act carries penalties of up to $10,000 in fines and
1 year in prison. The Departments of Treasury, Commerce,
Transportation, and Interior share enforcement responsibilities.
Public Law 95-541, the US Antarctic Conservation Act of 1978,
requires expeditions from the US to Antarctica to notify, in
advance, the Office of Oceans and Polar Affairs, Room 5801,
Department of State, Washington, DC 20520, which reports such
plans to other nations as required by the Antarctic Treaty. For
more information contact Permit Office, Office of Polar
Programs, National Science Foundation, Washington, DC 20550.
</p></body></article></text>