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a Based on information from the United States Department of State (Ocean Affairs). b Original signatory nation.

d Czechoslovakia acceded in 1962 and ceased to exist in 1992. The Czech Republic and Slovak Republic acceded separately in 1993.

d German Democratic Republic and the Federal Republic of Germany acceded in 1974 and 1979, respectively, and became one nation after their reunification on 2 October 1990. e Accession for Kingdom in Europe, Suriname, and the Netherlands Antilles. f Original signatory was the Union of Social Socialist Republics in 1960.

Measures that are recommended by these consultative nations ''shall become effective when approved by all of the Contracting Parties whose representatives were entitled to participate'' in the ATCM, meaning that a measure will not become effective if there is opposition from any single nation. This unanimous consensus rule is an essential feature of the ''gentlemen's agreement'' (Article VIII) that requires nations to enforce the legal principles which they themselves approved. Moreover, each nation that has contracted with the Antarctic Treaty is obligated under Article X to ''exert appropriate efforts, consistent with the Charter of the United Nations,'' in conducting activities that are not contrary to the ''principles or purposes'' of the Antarctic Treaty.

Why is the Antarctic Treaty called a "gentlemen's agreement"?

If a dispute occurs among nations that extends beyond an immediate ''mutually acceptable solution,'' then those Contracting Parties (Article XII)

. . . shall consult among themselves with a view to having the dispute resolved by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement or other peaceful means of their own choice.

Any disputes that are not resolved by these approaches shall be referred to the International Court of Justice in The Hague, the Netherlands. However, in all cases, nations will not be absolved from their responsibility to continue seeking dispute resolution ''by any of the various peaceful means.''

The Antarctic Treaty was designed to accommodate changing international perspectives, and Article XII indicates that the Antarctic Treaty ''may be modified or amended at any time by unanimous agreement of the consultative parties.'' However, it is this article more than any other that has created confusion among the general public because of the statement:

If after the expiration of thirty years [author's emphasis] from the date of entry into force of the present Treaty, any of the Contracting Parties ... so requests ... a Conference of all the Contracting Parties shall be held as soon as possible to review the operation of the Treaty.

This statement does not indicate that the treaty ''expires'' after 30 years from its ''date of entry into force,'' only that a conference may be convened after this 30-year period, which ended in 1991. If this conference ever is convened, however, then any modifications or amendments to the treaty could be approved by a ''majority of the Contracting Parties whose representatives are entitled to participate in the meetings provided for under Article IX'' (i.e., consultative nations). This majority decision would be far less rigorous than the current unanimous requirement for amending the Antarctic Treaty at all other times. Article XII further specifies the conditions in which nations may withdraw from the ATS and further reflects the nature of the ''gentlemen's agreement'' through which nations have successfully cooperated in Antarctica during the last half century.

Article XIII discusses the ratification process and identifies the United States of America as the Depository Government because the initial signing of the Antarctic Treaty occurred in Washington, D.C., on 1 December 1959:

Upon the deposits of ratification by all the signatory States, the present Treaty shall enter into force. . . . Thereafter, the Treaty shall enter into force for any acceding State upon the deposit of its instrument of accession.

In 1961, after all of the deposits of the instruments of accession were received, the Antarctic Treaty was formally ''registered by the depository Government pursuant to Article 102 of the Charter of the United Nations.'' Article XIV concludes that ''equally authentic'' versions of the Antarctic Treaty ''shall be done in English, French, Russian and Spanish languages.''

Together, the 14 articles of the Antarctic Treaty, which were signed in 1959 and ratified by all 12 of the original signatories by 1961, have established a unique international system for managing nearly 10% of the Earth ''for peaceful purpose only.'' Throughout its five-decade history, the marriage between science and policy in Antarctica has enabled the ATS (Fig. 5.1) to evolve and accommodate the interests of diverse stakeholders in the world community (Chapter 12: The Science Keystone).

diverse stakeholders

Stakeholders, groups that have a demonstrated interest in an activity or region, define the dimensions of the relevant policy framework. In turn, the policy framework identifies the relative roles of the stakeholders in designing and implementing management strategies for that activity or region. In Antarctica, as with most other situations, the variety of stakeholders has expanded over time along with the operation and utility of the policies that govern their activities (Fig. 5.2).

The first stakeholders in the Antarctic were the early explorers and hunters as well as the industries and nations that supported them. Nations such as France and England supported the 18th-century quests of Kerguelen and Cook while Antarctica was still hidden as the unknown continent (Terra Australis Incognita). Commercial enterprises, as with the Enderby brothers of England, financed large sealing fleets to Antarctica during the early 19th century. These commercial expeditions mapped large regions of the Antarctic and stimulated further national interests, such as the United States South Sea Exploring Expedition by Wilkes. Technological advances such as the harpoon gun, which was invented for whaling by Svend Foyn (1809-1894) of Norway around 1870, brought new industries to Antarctica—particularly whaling, which was introduced by C. A. Larsen (18601924) on South Georgia in 1904.

Soon after, national clamor for priority in the geographical exploration of Antarctica had erupted with a host of government-sponsored expeditions (Chapter 4: Awakening Science). Along with the luminaries who worked in the Antarctic— people such as Bellingshausen, Palmer, Ross, D'Urville, Mawson, Scott, and

FIGURE 5.2 (Top) McMurdo Station (77°51' south, 166°40' east), operated year-round by the National Science Foundation, Office of Polar Programs, as part of the United States Antarctic Program. McMurdo Station was established in 1955 for the International Geophysical Year (IGY), which ran from July 1957 through December 1958. McMurdo Station is the largest national research facility on Antarctica with over 1500 persons during the austral summer, and several hundred during the winter. (Bottom) Scott Base (77°51' south, 166°46' east), operated year-round since the IGY as part of the New Zealand Antarctic Research Program on Ross Island south of McMurdo Station. Scott Base currently supports up to 70 persons during the summer and 10 during the winter. (Facing page) Stazione Baia Terranova (74°41' south, 64°6' east), operated during the summer since 1985 by the Italian Programma Nazionale di Ricerche in Antartide along the coast of northern Victoria Land. Stazione Baia Terranova currently supports more than 70 persons during the summer.

FIGURE 5.2 (Top) McMurdo Station (77°51' south, 166°40' east), operated year-round by the National Science Foundation, Office of Polar Programs, as part of the United States Antarctic Program. McMurdo Station was established in 1955 for the International Geophysical Year (IGY), which ran from July 1957 through December 1958. McMurdo Station is the largest national research facility on Antarctica with over 1500 persons during the austral summer, and several hundred during the winter. (Bottom) Scott Base (77°51' south, 166°46' east), operated year-round since the IGY as part of the New Zealand Antarctic Research Program on Ross Island south of McMurdo Station. Scott Base currently supports up to 70 persons during the summer and 10 during the winter. (Facing page) Stazione Baia Terranova (74°41' south, 64°6' east), operated during the summer since 1985 by the Italian Programma Nazionale di Ricerche in Antartide along the coast of northern Victoria Land. Stazione Baia Terranova currently supports more than 70 persons during the summer.

FIGURE 5.2 (Continued)

Amundsen—these government and commercial groups represented the initial stakeholders in Antarctica.

Governments soon began to solidify their interests by claiming territories and becoming sovereign authorities. From 1908 through 1943, seven nations identified sectors of Antarctica that they called their own (Fig. 3.5). In each of these sectors, the claimant nation defined itself as the sole stakeholder and authority for managing its region.

Some claimant nations (Australia, France, New Zealand, Norway, and the United Kingdom) recognized each other's sovereignty. Conversely, some claimant nations disagreed with each other's designation as sole authority for a sector— particularly in the Antarctic Peninsula, where the United Kingdom, Chile, and Argentina had overlapping claims. There also were nations, such as the United States, that had expressed territorial interests in Antarctica but had never formalized a specific claim. This diverse assortment of national stakeholders was engaged in Antarctica as the world entered the IGY in 1957-58.

The IGY introduced a new stakeholder into Antarctica, namely the international scientific community. Scientists had been part of various national and commercial expeditions to Antarctica during the previous two centuries, but never before with the mandate of international cooperation on a continental scale. In 1958, the role of science in Antarctica was institutionally strengthened with the establishment of SCAR as the first nongovernmental organization with influence over Antarctic activities. Practically, the international scientific community had become the proprietor of information about Antarctic natural phenomena.

When the Antarctic Treaty came into force in 1961, the original signatories were identified as consultative nations with the collective authority for ''formulating, and considering and recommending'' all management strategies for the Antarctic region (Box 5.3). This consultative arrangement involved an internal accommodation among the claimant and nonclaimant nations that precluded any ''basis for asserting, supporting or denying a claim to territorial sovereignty.'' The Antarctic Treaty also created a second management tier for nations to accede without the prerogatives of consultative status until they demonstrated ''substantial scientific research.'' By holding all claims in abeyance and by fostering the participation of all nations, the ATS became the unified international stakeholder for the region (Fig. 5.1).

Given the history of Antarctic sealing and whaling (Chapter 10: Ecosystem Conservation), the ATS immediately began resolving issues associated with species' conservation (Table 5.2). In 1963, the Agreed Measures on the Conservation of Antarctic Fauna and Flora became an initial benchmark for protecting Antarctic species and areas. Strategies for dealing with the age-old problem of Antarctic sealing were introduced through the Convention on the Conservation of Antarctic Seals in 1972. During this period, there also was an expanding fishery for a small shrimplike organism called krill (Euphausia superba)—which is the central food source of whale, bird, seal, and fish species in the Antarctic marine ecosystem. Recognizing the value of managing ecosystems rather than individual species, the ATS then crafted the 1980 Convention on the Conservation of Antarctic Marine Living Resources.

Living resource issues clearly drew the attention of stakeholders inside and outside of the ATS, but not nearly as much as concerns about nonliving resources (Chapter 11: Environmental Protection). In 1973-1974, the world was faced with the ''oil embargo.'' Coincidentally, while drilling in the seafloor of the Ross Sea to interpret the sedimentary history of Antarctic glaciation, the Glomar Challenger also uncovered petroleum residues. Within months, results of this scientific investigation were being reported in the Wall Street Journal with implications about significant petroleum deposits on the Antarctic continental shelf. This public speculation about the mineral resource potential of Antarctica, dramatically shifted international attention southward.

During the ''establishment phase'' of the ATS, from 1961 through 1976, less than one new nation acceded to the Antarctic Treaty every 2 years (Fig. 5.3). With speculation about mineral resources, the entrance rate of nations into the ATS skyrocketed, rising more than 500%! In response, the ATS set out to draft a mineral resources convention, which only further antagonized stakeholders because of perceptions about Antarctica being opened to mineral exploitation.

During the ensuing ''international accommodation phase,'' the ATS stakeholders also began changing qualitatively (Fig. 5.3). In 1977, Poland became the first new consultative nation after being an acceding nation for 16 years. In contrast, the Federal Republic of Germany became the second new consultative nation in 1979 only 2 years after acceding to the Antarctic Treaty. In 1983, India was ad-

TABLE 5.2 Antarctic Resource Management Regimes

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