Antarctic Treaty System
The Antarctic Treaty System (ATS) is the collective framework of international agreements that governs activities in Antarctica, the only continent without an indigenous human population. It represents the first major arms control arrangement of the Cold War era and remains one of the most robust examples of multinational cooperation. The system designates Antarctica as a place reserved for peace and science, forbidding military activity and securing freedom of scientific investigation. For the purposes of the treaty, Antarctica is defined as all land and ice shelves south of the 60th parallel south.
Origins and Establishment
The main Antarctic Treaty was opened for signature on 1 December 1959 and entered into force on 23 June 1961. It was initially signed by twelve nations active in Antarctic research during the International Geophysical Year (1957–58): Argentina, Australia, Belgium, Chile, France, Japan, New Zealand, Norway, South Africa, the Soviet Union, the United Kingdom and the United States. These countries operated more than fifty research stations at the time, and the treaty was seen as a formal recognition of the scientific cooperation that had developed through the IGY. Today, the treaty has more than fifty parties.
Since 2004 the Antarctic Treaty Secretariat, responsible for facilitating implementation of the ATS, has been headquartered in Buenos Aires, Argentina.
Post-War Background and Early Tensions
Following the Second World War, geopolitical interest in Antarctica intensified. The United States mounted Operation Highjump (1946–47), the largest military expedition ever sent to Antarctica, ostensibly for cold-weather training and equipment testing. In 1947 the sector between 24° W and 90° W was incorporated into the security zone of the Inter-American Treaty of Reciprocal Assistance.
Various proposals for internationalisation emerged. In 1948 the United States suggested placing Antarctica under a United Nations trusteeship administered by seven countries with claims or strategic interests. Opposition by Argentina, Australia, Chile, France and Norway ensured that the proposal failed. A British-supported plan for general internationalisation also met resistance. Chile proposed suspending all territorial claims for a finite period while negotiating a settlement, but this suggestion also failed to gain acceptance.
Efforts to keep the Soviet Union from entering Antarctic diplomacy proved unsuccessful; by 1950 the USSR declared that any settlement excluding it would be unacceptable. Fear that the Soviet Union could assert its own territorial claims increased pressure to find a peaceful, inclusive solution.
International Conflicts and Territorial Disputes
Territorial tensions helped shape the need for an agreement. During the 1940s and 1950s several confrontations occurred, including the Hope Bay incident (1952), when Argentine forces fired warning shots near a British survey party, prompting the landing of British marines. Earlier, Argentina had deployed a naval fleet to Antarctica in 1948.
In 1949 Argentina, Chile and the United Kingdom agreed to a Tripartite Naval Declaration pledging not to send warships south of 60° S; this was renewed annually until the treaty’s entry into force in 1961. Legal disputes followed, including British attempts in 1955 to bring Argentina and Chile before the International Court of Justice, though both nations rejected jurisdiction and the cases were closed.
From 1956 to 1958 India sought, unsuccessfully, to raise the Antarctic issue at the United Nations General Assembly.
The International Geophysical Year
Scientific cooperation played a crucial role in setting the stage for diplomatic resolution. The International Geophysical Year (1957–58), coordinated by the International Council of Scientific Unions (ICSU), featured participation from sixty-six countries. Twelve nations conducted coordinated Antarctic research and established numerous bases. At a follow-up meeting in Stockholm in 1957, ICSU created the Special Committee for Antarctic Research, later renamed the Scientific Committee on Antarctic Research (SCAR), enhancing information sharing and scientific coordination.
Argentina and Chile insisted that IGY research should not confer territorial rights, while developments in early 1958 showed that leading powers intended to continue Antarctic research after the IGY ended.
Negotiating the Treaty
Growing Cold War tension and the expansion of scientific stations created urgency for a formal governance system. U.S. President Dwight D. Eisenhower initiated negotiations among the twelve IGY nations. Delegates met in Washington for sixty sessions between June 1958 and October 1959, ultimately leading to a high-level diplomatic conference.
The Antarctic Treaty was signed on 1 December 1959. Key principles were widely accepted: Antarctica would be used only for peaceful purposes; scientific research would be freely conducted and shared; and the legal status of territorial claims would be preserved without allowing new claims or enlarging existing ones.
The treaty prohibits nuclear explosions and disposal of radioactive waste, bans military manoeuvres, and forbids economic exploitation. Inspections by any party ensure compliance. Only scientific research stations may be permanently maintained. Original signatories retain voting rights as “consultative parties,” while additional states gain consultative status by demonstrating substantial scientific activity.
Later Developments and the Madrid Protocol
In 1991–92, a major protocol on environmental protection, known as the Madrid Protocol, was adopted. It prohibits mining and oil exploration for fifty years and establishes stringent environmental safeguards. Thirty-three nations participated in the negotiations.
Throughout the process, positions differed: the United States, the Soviet Union, the United Kingdom and New Zealand supported a strong international administrative framework; Australia and the UK emphasised rigorous inspections; and Argentina’s proposal for a complete ban on nuclear explosions required extensive negotiation before achieving consensus.
From the year 2048 onwards, any consultative party may request a comprehensive review of the treaty and associated agreements, with changes requiring approval by three-quarters of the consultative parties.
Broader Treaty System
The ATS comprises the main treaty and several related instruments, including the conventions on seals, marine living resources and the environmental protocol. A number of agreements, including those negotiated on King George Island, elaborate practical arrangements ranging from wildlife protection to scientific cooperation.