Territorial Claims in Antarctica - Antarctic Treaty

Antarctic Treaty

The Antarctic Treaty and related agreements regulate international relations with respect to Antarctica, Earth's only continent without a native human population. The treaty has now been signed by 46 countries, including the United Kingdom, the United States, and the now-defunct Soviet Union. The treaty set aside Antarctica as a scientific preserve, established freedom of scientific investigation and banned military activity on that continent. This was the first arms control agreement established during the Cold War. The Soviet Union and the United States both filed reservations against the restriction on new claims, and the United States and Russia assert their right to make claims in the future if they so choose. Brazil maintains the Comandante Ferraz (the Brazilian Antarctic Base) and has proposed a theory to delimiting territories using meridians, which would give it and other countries a claim. In general, territorial claims below the 60° S parallel have only been recognised among those countries making claims in the area. However, claims are often indicated on maps of Antarctica - this does not signify de jure recognition.

All claim areas except Peter I Island are sectors, the borders of which are defined by degrees of longitude. In terms of latitude, the northern border of all sectors is the 60° S parallel which does not cut through any piece of land, continent or island, and is also the northern limit of the Antarctic Treaty. The southern border of all sectors collapses in one point, the South Pole. Only the Norwegian sector is an exception: the original claim of 1930 did not specify a northern or a southern limit, so that its territory is only defined by eastern and western limits.

The Antarctic Treaty states that contracting to the treaty:

• is not a renunciation of any previous territorial claim.
• does not affect the basis of claims made as a result of activities of the signatory nation within Antarctica.
• does not affect the rights of a State under customary international law to recognise (or refuse to recognise) any other territorial claim.

What the treaty does affect are new claims:

• No activities occurring after 1961 can be the basis of a territorial claim.
• No new claim can be made.
• No claim can be enlarged.