Who Owns Antarctica? Examining the Antarctic Treaty

When people think of Antarctica, they might first imagine a vast landmass covered with ice and inhabited by penguins. But a question might pop up in mind, the question of who owns Antarctica. Antarctica is the southernmost coldest continent on Earth, twice the size of Australia. Antarctica, the fifth-largest continent, is not owned by a single nation but rather governed by the Antarctic Treaty.

The Antarctic Treaty

The Antarctic Treaty is an international partnership first signed on December 1, 1959, in Washington by twelve nations. The signatory states include Japan, Britain, Argentina, Australia, Belgium, France, Chile, New Zealand, South Africa, the USSR (now Russia), the United States of America, and Norway.

The primary objective of the Antarctic Treaty is to declare the continent a demilitarized zone and to reserve it for peace and science. Under the Antarctic Treaty, international scientific collaboration and research in Antarctica are encouraged. Additionally, the treaty freezes all territorial claims, which means no new claims can be made and no previous claims can be expanded.

Historical Background & Territorial Claims

Since the 1800s, nations have been exploring and making claims on the different parts of Antarctica. In January 1820, Bellingshausen, a Russian explorer, first saw Antarctica. In 1841, the Ross Ice Shelf was discovered by James Clark Ross, who made a claim on Victoria Island. The first official territorial claim, despite the early landings and claims, was made by Britain. It was publicized in 1908 and covered the various islands southwards, including peninsulas Graham Land and Falkland.

France proclaimed the Terre Adelie in 1924 based on the early discoveries of French naval officer Dumont d’Urville in 1840. However, France put back defining the actual boundaries of claims until 1938. Similarly, based on early exploration of coastal areas, Norway formally claimed Dronning Maud Lahd in 1939.

The geographical proximity, early explorations, and geological connections gave every nation reasons to make claims on different parts of Antarctica. However, with the passage of time, tensions among nations escalated, with the Soviet Union and the United States refusing to accept the claims.

A bitter strife broke out between Chile, Britain, and Argentina over their overlapped claims on the Antarctic Peninsula. In 1940, Chile’s claim on the Antarctic Peninsula overlapped with already proclaimed claims of Great Britain. Argentina’s possession of South Orkney Island completely overlapped with the prior claims of Chile and Great Britain.

Period of Escalation

The tensions escalated during World War II and Antarctica became a point of interest despite its remoteness. In 1941, a German raider seized eight Norwegian whaling ships while sailing into Antarctic waters. It captured 20,000 tonnes of whale oil, a rare and valuable commodity to make explosives during war. The rumors regarding the German U-boats patrolling the southern ocean began circulating with the presence of warships in Antarctic waters.

By the 1950s, nations feared that Antarctica could become a bone of contention and be used for military purposes in the future. Moreover, with the Cold War deepened between the two superpowers, the time of instability and global turbulence could potentially be extended into the southernmost part of the world. These concerns and fears set the stage for the negotiations and agreement over territorial claims among nations, manifested through the 1959 Antarctic Treaty.

International Geophysical Year: A Turning Point

As a part of the International Geophysical Year (IGY), scientists from twelve nations in the summer of 1957-58, traveled to Antarctica to take part in scientific research. They collaborated, shared data, and supported each other’s efforts setting aside political tensions. Scientists from diverse disciplines discovered the significance of Antarctica for the whole planet and the critical role it plays within the system.

IGY was a turning point as scientists not only indicated the importance of Antarctica for the whole Earth system but also the potential pathways for international governance in Antarctica through the promotion of research, science, and cooperation. Resultantly, the following year, 12 states that were part of IGY became signatories to the Antarctic Treaty in Washington.

Antarctic Treaty System

The primary objective of the Antarctic Treaty was to promote research, peace, and scientific collaboration, put an end to territorial disputes, and ban all military activities in Antarctica. Since the inception of the treaty in 1959, the purpose of it has extended beyond just the promotion of science and peace to the protection and management of the Antarctic environment. In contemporary times, the Antarctic Treaty System consists of various international agreements, including;

• The Convention on the Conservation of Antarctic Marine Living Resources
• The Convention on the Conservation of Arctic Seals (CCAS)
• The Environmental Protocol to the Antarctic Treaty (also known as the Madrid Protocol)

What Governs Antarctica?

Antarctica is governed by a coalition of states. So far, 54 nations have signed the treaty that can be divided into two groups, namely consultative and non-consultative parties.

Consultative Parties

29 consultative parties conduct regular scientific research. This gives them the right to participate and play a role in a consensus-based decision-making process during Antarctic Treaty Consultative Meetings (ATCMs).

Non-Consultative Parties

The 25 non-consultative members have acceded to the treaty, which implies that they have signed it but don’t own active research programs in Antarctica. They can attend and participate in discussions of ATCs but don’t reserve the right to make decisions.

Each year at the Antarctic Treaty Consultative Meetings (ATCMs), nations meet to discuss the matters of Antarctica. Prior, the meetings were generally held once every 2 years. However, since 1994, they are held annually. The matters related to the management of human activity in Antarctica are discussed and all consultative parties should agree before any change is adopted.

Before 2003, there existed no permanent and physical presence of the Antarctic Treaty. Today, the Secretariat of the Antarctic Treaty is located in Bueno Aires, Argentina, and assists the Antarctic Treaty System all year. It offers organizational support to annual meetings, keeps records of ATCMs, facilitates the exchange of information among nations, and publishes annual reports of Antarctic Treaty Consultative Meetings.

Conclusion

The early exploration of Antarctica began in the 1800s, followed by a series of territorial claims. Natural resources, geopolitical advantage, and geographical proximity were the impulses that sprang the territorial claims by several nations. The territorial disputes and tensions were settled by the Antarctic Treaty signed in 1959. The treaty acknowledges the existing claims of nations without nullifying them. Nations can still take actions similar to those of a sovereign state but they are prohibited from expanding existing claims or making new ones.

On the other hand, other nations admit that claims exist but there is no need to acknowledge their validity. Usually, the validity of territorial claims is based on discovery and effective administration; however, these criteria have not been tested in the uniquely challenged environment of Antarctica. Resultantly, while claims exist in the national laws of claimant states, none enjoy universal recognition.

Nevertheless, this absence of universal recognition is not a problem since the Antarctic Treaty allows differences to coexist. In a nutshell, the answer to who owns Antarctica simply is no one. States have just agreed to manage the continent and its matters under the framework of the Antarctic Treaty.

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