- promotes international scientific cooperation including the exchange of research plans and personnel, and requires that results of research be made freely available;
- provides for the parties to meet periodically to discuss measures to further the objectives of the Treaty; and
- requires parties to give advance notice of their expeditions.
The Treaty also provides for an exchange of information, interchange of scientific personnel, preservation of historic sites, protection of native birds, animals, and plant life, adoption of specially protected areas and sites of special scientific interest, exchange of information on marine and mineral resources and sealing, and guidelines for tourist and private expeditions.
As written on the New Zealand Antarctic Institute website, in addition to the Antarctic Treaty, several other special agreements have been formulated to decrease human impact on Antarctica’s delicate natural environment. These are:
- The Convention for the Conservation of Antarctic Seals (CCAS). This convention protected the fur, elephant and Ross seals and set quotas on the taking of the more numerous crabeater, leopard and Weddell seals for scientific research.
- The Convention for the Conservation of Antarctic Marine Living Resources (CCAMLR). This convention covers an area larger than the treaty. The boundary used is the Antarctic Convergence - the zone where the cold water of the Antarctic meets warmer water, or the biological boundary between the Antarctic and the sub-Antarctic ecosystems at about 58°S. The resources considered are all living things apart from whales (covered by the International Whaling Commission) and seals.
- The convention is a result of international concern over the possible consequences of uncontrolled krill harvesting. It aimed to protect the Antarctic marine ecosystem from over-fishing and to help recovery of the great whales and some species of fish.
- The Environmental Protocol. This had its beginnings in the Convention for the Regulation of Antarctic Mineral Resource Activities (CRAMRA), which tried to find procedures that would permit prospecting and the exploitation of minerals in Antarctica while providing protection for the environment. During the period of the discussions on the minerals issue, some countries began Antarctic research and established bases. This enabled them to become treaty consultative members and be part of any mineral exploitation. This concerned other countries and environmental organisations, which began to lobby for Antarctica to become a world park. Australia and France refused to sign the convention. Instead they began discussions on ways to protect the Antarctic environment from mining and pollution.
- The Protocol on Environmental Protection to the Antarctic Treaty (or the Madrid Protocol) was signed in 1991 after the failure of the minerals convention. It is a comprehensive environmental agreement on Antarctica which bans any mining activity for 50 years and declares Antarctica a "natural reserve devoted to peace and science". The protocol requires that all human activities be planned and carried out on the basis of sufficient information on possible environmental impacts. Monitoring of all Antarctic activities is to be undertaken and an improved system for protected areas was established.
What has Australia’s involvement been with the treaty?
For many years, diplomats had been talking seriously about developing a treaty to govern Antarctic affairs, and when scientists became aware of this, they used the opportunity to obtain support from the nations involved in these talks, and pushed for a major effort to set up scientific programs on the continent. The International Geophysical Year, which lasted for the eighteen-month period from July 1957 to December 1958, was vastly lucrative, but its scientific developments raised many unanswered queries and it was made clear that the Antarctic research endeavour would need to be sustained.
The success of the IGY was not lost on the diplomats and politicians of the nations involved with Antarctica. The United States had instigated negotiations for some sort of worldwide administration for the Antarctic, but they came up against numerous hurdles including Cold War politics and the territorial claims of seven countries, including Australia.
Australia had a key role in the complicated negotiations that resolved these issues and led to the signing of the Antarctic Treaty in 1959. Because of her effort, Australia hosted the first meeting of Treaty member nations, held in Canberra in 1961 under the chairmanship of then-Senator John Gorton.
In 1958 the International Council of Scientific Unions (ICSU) launched the Special Committee on Antarctic Research (SCAR) to provide an international coordinating organization for Antarctic science. At its first meeting in 1958, SCAR was entrusted with "furthering the coordination of scientific activity in the Antarctic, with a view to framing a scientific program of circumpolar scope and significance." Australia was one of its original twelve members.
What is the process involved for an international treaty to be incorporated into Australian law?
To become incorporated into Australian law, the Treaty in question must be ratified – meaning it must be approved and given formal sanction. Ratification makes a treaty into Australian domestic law.
Ratification involves the passing of appropriate domestic legislation in response to a signed treaty. The nation draws up a formal written note of ratification which is sent to the other agency or party.
Once a treaty is ratified, it means that all Australians are bound by law to observe and obey its provisions, terms and conditions.
How successful has the treaty been in achieving its goals?
As treaties go, the Antarctica Treaty has been an extremely successful one. Under the Treaty, each of the nations involved have enjoyed peaceful cooperation and freedom in their scientific research. That research has contributed extensively to our knowledge of the planet we inhabit and is contributing to the conservation and protection of the global environment.
For example, environmental monitoring in Antarctica has led to the detection of the seasonal reduction of atmospheric ozone over the Antarctic, or in simple terms, the hole in the ozone layer.
As well, all of the conditions set out in the treaty have been upheld considerably well by all parties involved. For example, no party who has signed the Treaty has attempted to make new claims on Antarctic soil, just as the Treaty requests.
The treaty also outlines specific guidelines for tourist and private expeditions. For example, dumping of waste of any type by tourists is carefully monitored. The policy of all tourist operators in Antarctica is to take all waste of all types back with them, so as not to upset the delicate environment of Antarctica or introduce any new bacteria that could cause an environmental catastrophe. All tourist operators and private expeditions have followed these guidelines very closely and carefully, which is another demonstration of how successful this treaty has been.
The nations involved in the Antarctic Treaty are all equally concerned about the preservation of Antarctica, and have assembled on several occasions for the purpose of predicting the possible problems caused by exploitation, and possible solutions to these problems. These nations have taken on the responsibility for the conservation of the delicate environment of Antarctica and wise use of the continent’s resources.
The Treaty nations agreed to refrain from carrying out any exploration or exploitation, and that exploitation will not be allowed unless adequate measures are first put into place to protect and conserve the unique Antarctic environment.
There has always been an abiding cooperation in the sharing of research and findings between the scientists in Antarctica. This cooperation never wavered, even when some scientists’ home nations were in the midst of military confrontations and internal tensions. This is a fine testimonial to the spirit of international cooperation that has been brought about by the Antarctic Treaty.
For example, during the Cuban missile crisis, the Vietnam War and the conflict in the Falkland Islands, all those in the Antarctic scientific community continued an uninterrupted, unbroken and peaceful exchange of information despite the conflict.
Under the Antarctic Treaty, activities on the continent have always remained diplomatic and non-violent, and because of this, Antarctica can honestly be declared a “continent of peace."
As the Antarctic Treaty System matures it has become acknowledged as one of the most successful sets of international agreements, setting an example of diplomatic, peaceful collaboration for the rest of the world.
As an environmental regime it is unique and distinctive - an entire continent, which is fundamentally undisturbed, will continue to be protected because of the cooperation and commitment of the parties involved with the Treaty.
