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ANTARCTIC
TREATY
SYSTEM
An Assessment
Proceedings of a Workshop
Held at Beardmore
South Field Camp, Antarctica
January 7-L3, 1985
Polar Research Board
Commission on Physical Sciences, Mathematics, and Resources
National Research Council
NATIONAL ACADEMY PRESS
Washington, D.C. 1986
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NATIONAL ACADEMY PRESS 2101 Constitution Avenue, NW Washington, DC 20418
NOTICE: The project that is the subject of this report was approved by the Governing
Board of the National Research Council, whose members are drawn from the Councils of
the National Academy of Sciences, the National Academy of Engineering, and the
Institute of Medicine. The members of the committee responsible for the report were
chosen for their special competences and with regard to appropriate balance.
This report has been reviewed by a group other than the authors according to
procedures approved by a Report Review Committee consisting of members of the
National Academy of Sciences, the National Academy of Engineering, and the Institute
of Medicine.
The National Research Council was established by the National Academy of Sciences
in 1916 to associate the broad community of science and technology with the Academy's
purposes of furthering knowledge and of advising the federal government. The Council
operates in accordance with general policies determined by the Academy under the
authority of its congressional charter of 1863, which establishes the Academy as a
private, nonprofit, self-governing membership corporation. The Council has become the
principal operating agency of both the National Academy of Sciences and the National
Academy of Engineering in the conduct of their services to the government, the public,
and the scientific and engineering communities. It is administered jointly by both
Academies and the Institute of Medicine. The National Academy of Engineering and the
Institute of Medicine were established in 1964 and 1970, respectively, under the charter
of the National Academy of Sciences.
Support for the conduct of this workshop was provided under grants from the ARCO
Foundation, the Ford Foundation, the William and Flora Hewlett Foundation, the
Andrew W. Mellon Foundation, the National Geographic Society, the Tinker Founda-
tion, and the National Science Foundation.
The contributions published in this book were prepared for the Workshop on the
Antarctic Treaty System organized by the Polar Research Board of the U.S. National
Research CouncillNational Academy of Sciences that was held in the Transantarctic
Mountains, Antarctica, at the Beardmore South Field Camp, January 7-13, 1985.
The views expressed in this book are solely those of each author and are not to be
attributed to their respective governments or institutions.
Library of Congress Catalog Card Number 86-60053
International Standard Book Number 0-309-03640-2
Printed in the United States of America
NATIONAL ACADEMY PRESS
The National Academy Press was created by the National Academy of
Sciences to publish the reports issued by the Academy and by the
National Academy of Engineering, the Institute of Medicine, and the
National Research Council, all operating under the charter granted to
the National Academy of Sciences by the Congress of the United States.
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Organizing Committee for the
Workshop on the Antarctic Treaty System
JAMES H. ZUMBERGE, University of Southern California, Chairman
THOMAS A. CEINGAN, University of Miami
W. T~MoTHY HUSHEN, Polar Research Board, National Research
Council
LEE A. KIMBALL, International Institute for Environment and
Development, Washington, D.C.
ROBERT H. RUTFORD, University of Texas at Dallas
DoNA~D B. SINIFF, Department of Ecology and Behavioral Biology,
University of Minnesota
Staff
SHERBURNE B. Assorr, Staff Officer
· . .
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Polar Research Board
GUNTER E. WELLER, Geophysical Institute, University of Alaska,
Chairman
KNUT AAGAARD, Department of Oceanography, University of
Washington
MIM HARR~s Dixon, Department of Transportation and Public
Facilities, State of Alaska
DAv~D Elliot, Institute of Polar Studies, The Ohio State University
W. LAWRENCE GATES, Department of Atmospheric Sciences, Oregon
State University
RONALD L. GEER, Shell Oil Company
BEN C. GERw~cK, JR., Department of Civil Engineering, University of
California, Berkeley
DENN~s HAYES, Lamont-Doherty Geological Observatory, Columbia
University
ARTHUR H. LACHENBRUCH, U.S. Geological Survey, Menlo Park
Louis J. LANzERoTT~, AT&T Bell Telephone Laboratories
GEOFFREY L. LARMINIE, British Petroleum Co. Ltd.
JOHN H. STEELE, Woods Hole Oceanographic Institution
IAN STIRLING, Canadian Wildlife Service, Edmonton, Alberta
CORNELIUS W. SULLIVAN, Department of Biological Sciences,
University of Southern California
PATRICK J. WEBBER, University of Colorado
RAY F. WEISS, Scripps Institution of Oceanography, University of
California at San Diego
Ex-officio
OSCAR T. FERR~ANs, Committee on Permafrost, Chairman
CHARLES F. RAYMOND, Committee on Glaciology, Chairman
JAMES H. ZUMBERGE, U.S. Delegate to SCAR, University of Southern
California
Staff
W. TIMOTHY HUSHEN, Staff Director
SHERBURNE B. ABBOTT, Staff Officer
MILDRED L. McGu~RE, Administrative Secretary
lo
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Commission on Physical Sciences,
Mathematics, and Resources
HERBERT FRIEDMAN, National Research Council, Chairman
THOMAS BARROW, Standard Oil Company (retired)
ELKAN R. BLOUT, Harvard Medical School
BERNARD F. BURKE, Massachusetts Institute of Technology
GEORGE F. CARRIER, Harvard University
HERMAN CHERNOFF, Massachusetts Institute of Technology
CHARLES L. DRAKE, Dartmouth College
MILDRED s. DRESSEEHAUS, Massachusetts Institute of Technology
JOSEPH L. FISHER, Office of the Governor, Commonwealth of Virginia
JAMES c. FLETCHER, University of Pittsburgh
WILLIAM A. FOWLER, California Institute of Technology
GERHART FRIEDEANDER, Brookhaven National Laboratory
EDWARD A. FRIEMAN, Science Applications, Inc.
EDWARD D. GOLDBERG, Scripps Institution of Oceanography
MARY L. GOOD, UOP, Inc.
THOMAS F. MALONE, Saint Joseph College
CHARLES I. MANKIN, Oklahoma Geological Survey
WALTER H. MUNK, University of California, San Diego
GEORGE E. PAKE, Xerox Research Center
ROBERT E. SIEVERS, University of Colorado
HOWARD E. SIMMONS, OR., E.I. du Pont de Nemours
& Company, Inc.
ISADORE M. SINGER, Massachusetts Institute of Technology
JOHN D. SPENGEER, Harvard School of Public Health
HATTEN s. YODER, jR., Carnegie Institution of Washington
RAPHAEL G. KASPER, Executive Director
LAWRENCE E. MCCRAY, Associate Executive Director
V
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Participants in the
Workshop on the Antarctic Treaty System
ROEF TROELE ANDERSEN, Royal Ministry of Foreign Affairs, Norway
JAMES BARNES, Antarctic and Southern Ocean Coalition, Antarctica
Project, Washington, D.C.
CHRISTOPHER D. BEEBY, Ministry of Foreign Affairs, New Zealand
ADRIAAN Bos, Ministry of Foreign Affairs, The Netherlands
Lewis M. BRANSCOMB, IBM Corporation, New York
JOHN H. BROOK, Department of Foreign Affairs, Australia
PETER BRUCKNER, Permanent Mission of Denmark to the United
Nations, New York
WILLIAM F. BUDD, Department of Meteorology, University of
Melbourne, Australia
ANroN~o CAREOS ROCHA CAMPOS, University of Sao Paulo, Brazil
KENNETH R. CROASDAEE, Croasdale and Associates, Canada
DOMINGO DA-F~ENo, Ministry of Foreign Affairs, Peru
HASSAN E~-GHouAYEr, Permanent Mission of Tunisia to the United
Nations, New York
GAO Qu~NQAN, National Committee for Antarctic Research,
National Bureau of Oceanography, China
VLADIMIR Go~TsYN, United Nations Secretariat, New York
JOHN A. GARLAND, Center for Environmental Technology, Imperial
College, United Kingdom
. .
GUY G. GUTHRIDGE, National Science Foundation, Washington,
D.C.
TREVOR HATHERTON, Ross De Tendency Research Committee, New
Zealand
JOHN A. HEAP, Foreign and Commonwealth Office, United
Kingdom
MARTIN W. HorDGATE, Department of the Environment and
Transport, United Kingdom
W. T~MoTHY HUSHEN, Polar Research Board, National Research
Council, Washington, D.C.
ROBERT JONES, Los Angeles Times
ERNST F. JUNG, Federal Foreign Office, Federal Republic of Germany
LEE A. KIMBALL, International Institute for Environment and
Development, Washington, D.C.
A~ExANDRE Kiss, International Council for Environmental Law,
Strasbourg, France
AsDu~ KOROMA, Embassy of Sierra Leone, Brussels, Belgium
SAcH~Ko KUWABARA, United Nations Environment Program, New
York
. .
v''
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. ~ ~
VlI!
WORKSHOP PARTICIPANTS
YOON KYUNG OH, Ministry of Foreign Affairs, Republic of Korea
GEOFFREY F. LARMINIE, British Petroleum Co., London, United
Kingdom
Julio CESAR LuP~NAcc~, Embassy of Uruguay, Santiago, Chile
CRISTIAN MAQUTEIRA, Permanent Mission of Chile to the United
Nations, New York
KENTON R. MILLER, International Union for the Conservation of
Nature and Natural Resources, Gland, Switzerland
PETER D. OEroFsEN, Department of Foreign Affairs, Pretoria, Union
of South Africa
FRANCISCO ORREGO VICUNA, Embassy of Chile, London, United
Kingdom (contributed paper but unable to attend)
ANNA C. PALMISANO, University of Southern California, Los
Angeles
S. Z. QAs~M, Department of Ocean Development, New Delhi, India
(contributed paper but unable to attend)
OMAR BIN AsDu~ RAHMAN, Office of the Scientific Advisor, Prime
Minister's Department, Malaysia
H. P. RAJAN, Department of Ocean Development, New Delhi, India
(contributed paper but unable to attend)
ORLANDO R. REBAGEIATI, Ministry of Foreign Affairs, Argentina
FRANCOIS RENOUARD, Ministry of External Relations, France
E. FRED ROOTS, Department of Environment, Canada
HOLGER ROTKIRCH, Ministry for Foreign Affairs, Finland
ROBERT H. RurroRD, University of Texas at Dallas
YUR! M. RYBAKOV, Ministry of Foreign Affairs, U.S.S.R.
R. TUCKER Scurry, Department of State, Washington, D.C.
DEBORAH SHAPLEY, Center for Strategic and International Studies,
Georgetown University, Washington, D.C.
L. F. MACEDO DE SOARES GU1MARAES, Ministry of External Relations,
Brazil
~OSE SORZANO, Permanent Mission of the United States to the
United Nations, New York
N. A. STRETEN, Bureau of Meteorology, Melbourne, Australia
Bo JOHNSON THEUTENBERG, Ministry of Foreign Affairs, Sweden
ROBERT B. THOMSON, Department of Scientific and Industrial
Research, Christchurch, New Zealand
ALEXANDER VAYENAS, Embassy of Greece, Australia
ARTHUR D. WATTS, Foreign and Commonwealth Office, United
Kingdom
MITCHEEE WERNER, United Nations Secretariat, New York
PETER E. W~KN~ss, National Science Foundation, Washington, D.C.
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WORKSHOP PARTICIPANTS
ROGER Watson, Greenpeace International, Lewes, United Kingdom
RuD~GER Wo~FRuM, Institute of International Law, University of
Kiel, Federal Republic of Germany
RICHARD A. WOOLCOTT, Permanent Mission of Australia to the
United Nations, New York
ZAIN AzRAA~, Permanent Mission of Malaysia to the United
Nations, New York
ZHANG KUNCHENG, National Bureau of Oceanography, China
JAMES H. ZUMBERGE, University of Southern California, Los Angeles
zx
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Contents
OVERVIEW
I. WORKSHOP ON THE ANTARCTIC TREATY SYSTEM:
OVERVIEW . . . . . . . . . e ~ ~ e ~ ~ e ~ ~ ~ e
fames H. Zumberge and Lee A. Kimball
Trends in the Debate at the Workshop, 5; Ideas and
Suggestions Put Forward, 6; The Antarctic Setting, 9
INTRODUCTION
2. ANTARCTICA PRIOR TO THE ANTARCTIC TREATY-
A HISTORICAL PERSPECTrVE .................
Trevor Hatherton
Early Notions, 15; The Routes Open, 17; Reduction to
Size, 19; Exploitation The Seals, 19; Science and National
Interests, 23; Because It Is There, 26; Exploitation The
Whales, 28; The Modern Era, 29; The International
Geophysical Year, 1957-1958, 31
3. JURIDICAL NATURE OF THE 1959 TREATY SYSTEM
Yuri M. Rybakov
Peaceful Use, 35; Scientific Investigation, 37; Inspection,
38; Consultative Meetings, 38; Recommendations, 40;
Additional Conventions, 41
LEGAL AND POLITICAL BACKGROUND
4. ANTARCTICA PRIOR TO THE ANTARCTIC TREATY:
A POLITICAL AND LEGAL PERSPECTIVE .......
Cristian Maguieira
xt
15
33
.. 49
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All
5. ANTARCTIC CONFLICT AND INTERNATIONAL
COOPERATION . . . e · · · · e · · e · · · · e
Francisco Orrego Vicuna
The Early Trends Toward Antarctic Conflict, 55; Localized
Territorial Disputes, 56; Generalized Territorial Disputes
and International Implications, 58; Strategic Uses and
Disputes in Antarctica, 59; Major-Power Rivalry in
Antarctica, 59; The Antarctic Treaty: Cooperation as a
Factor of Stabilization, 61
6. THE ANTARCTIC TREATY AS A CONFLICT RESOLUTION
MECHANISM . . e e e e · e · e ~ e · e e e e e e e · e e e e e e e e e e e
Arthur D. Watts
7. PANEL DISCUSSION ON THE LEGAL AND POLITICAL
BACKGROUND OF THE ANTARCTIC TREATY
ANTARCTIC SCIENCE
8. SUMMARY OF SCIENCE IN ANTARCTICA PRIOR TO
AND INCLUDING THE INTERNATIONAL GEOPHYSICAL
Robert H. Rutford
9. THE ANTARCTIC TREATY AS A SCIENTIFIC
MECHANISM (POST IGY) CONTRIBUTIONS OF
ANTARCTIC SCIENTIFIC RESEARCH ........
William F. Budd
Introduction, 103; The Post-IGY International Antarctica
Quarter Century, 105; The Profitable Nonrenewable
Resources Fallacy, 107; Antarctica as a Global
Environmental Science Resource, 117; Antarctic
Publications and the Knowledge Explosion, 120;
Highlights of Antarctic Discoveries and Research, 128;
The Treaty Nations as the United Nations "Antarctic
Rangers," 138
10. THE ANTARCTIC TREATY AS A SCIENTIFIC MECHANISM-
THE SCIENTIFIC COMMITTEE ON ANTARCTIC
RESEARCH AND THE ANTARCTIC TREATY SYSTEM
fames H. Zumberge
Introduction, 153; The Origin and Growth of SCAR, 154;
CONTENTS
.... 55
65
77
87
..... 103
153
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CONTENTS
SCAR Structure and Procedures, 157; The Interaction of
SCAR with the Antarctic Treaty System, 164; A Look at
SCAR's Future, 167
I1. THE ROLE OF SCIENCE IN THE ANTARCTIC TREATY
SYSTEM . . ..... . . ...... .. ... .
E. Fred Roots
Background, 169; The Political Role of Science in
Antarctica, 173; Different Approaches to Science in
Antarctica, 174; What Results Can Antarctic Science
Deliver?, 175; The Setting of Scientific Priorities in
Antarctica, 181; The Future, 183
12. PANEL DISCUSSION ON ANTARCTIC SCIENCE ....
. . .
x'''
169
..... 185
THE ANTARCTIC ENVIRONMENT:
MANAGEMENT AND CONSERVATION OF RESOURCES
A. CONSERVATION AND ENVIRONMENT
13. THE ANTARCTIC TREATY SYSTEM AS AN
ENVIRONMENTAL MECHANISM AN APPROACH TO
ENVIRONMENTAL ISSUES ....................
John A. Heap and Martin W. Hol~gate
Introduction, 195; Characteristics of the Antarctic
Environment, 195; Human Impacts on the Environment
of Antarctica, 198; The Evaluation of Environmental
Goals, 199; Environmental Conservation Within the
Antarctic Treaty System, 200; The Antarctic Treaty System
as a Mechanism for Environmental Conservation, 206
14. PANEL DISCUSSION ON CONSERVATION AND
ENVIRONMENT . ...... .. .. .....
B. LIVING RESOURCES
15. THE ANTARCTIC TREATY SYSTEM AS A RESOURCE
MANAGEMENT MECHANISM- LIVING RESOURCES . . .
John A. GuZ!and
Introduction, 221; Marine Resources, 221; International
Whaling Commission, 224; The Role of the Antarctic
Treaty, 228; Terrestrial Activities, 231; The Role of SCAR,
233
...... 195
.. 211
.. 221
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xIv
16. PANEL DISCUSSION ON LIVING RESOURCES
Biomass, 241; Experimental Fishery, 241; Inspection and
Other CCAMLR Measures, 244
C. NONLIVING RESOURCES
17. ARCTIC OFFSHORE TECHNOLOGY AND ITS
RELEVANCE TO THE ANTARCTIC ...................
K. R. CroasdaZe
Introduction, 245; Geography and Oil and Gas Resources,
245; The Arctic Offshore Environment, 246; Technology
for Arctic Offshore Petroleum Operations, 251;
Conclusions, 262
18. DISCUSSION ON TECHNOLOGY AND ECONOMICS OF
MINERALS DEVELOPMENT IN POLAR AREAS
19. THE ANTARCTIC TREATY SYSTEM AS A RESOURCE
MANAGEMENT MECHANISM NONLIVING RESOURCES
Christopher D. Beeby
20. PANEL DISCUSSION ON NONLIVING RESOURCES . .
Participation, 290; Common Heritage of Mankind, 290;
Participation in the Minerals Regime Negotiations, 291;
Participation in the Adoption of the Minerals Regime,
292; Participation in Implementation of the Minerals
Regime,292; Participation in Activities and Benefits, 293;
Urgency and Timing of Minerals Activities, 294; The
Regime, 296; Enforcement and Reporting Requirements,
302
INSTITUTIONS
21. THE ANTARCTIC TREATY SYSTEM FROM THE
PERSPECTIVE OF A STATE NOT PARTY TO THE SYSTEM
Zain Azruai
The Response of the Nontreaty Parties (NTPs), 307
22. THE ANTARCTIC TREATY SYSTEM FROM THE
CONTENTS
...... 235
245
265
. 269
.... 285
. 305
PERSPECTIVE OF A NON-CONSUETATIVE PARTY TO
THE ANTARCTIC TREATY 315
Peter Bruckner
Introduction, 315; Motives for Accession, 317; Functioning
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CONTENTS
of the Treaty System, 318; Rights and Obligations of the
NCPs Under the Treaty, 320; The Observer Issue, 325;
Antarctica and the U.N. General Assembly, 327;
Concluding Remarks, 328; Appendix, 333
23. THE ANTARCTIC TREATY SYSTEM FROM THE
PERSPECTIVE OF A NEW CONSULTATIVE PARTY
L. F. Macedo de Soares Guimaraes
24. THE ANTARCTIC TREATY SYSTEM FROM THE
PERSPECTIVE OF A NEW MEMBER ..................
S. Z. Qasim and H. P. Rajan
Introduction, 345; Background of the Antarctic Treaty,
347; The Antarctic Treaty System, 349; India's Scientific
Expeditions, 365; Political Issues, 367; Conclusions, 371
25. THE INTERACTION BETWEEN THE ANTARCTIC TREATY
....... 337
345
SYSTEM AND THE UNITED NATIONS SYSTEM 375
Richard A. Wooicott
Promotion of Principles and Purposes of United Nations
Charter, 376; Links with the United Nations Specialized
Agencies, 379; The Future, 382; Relationship to the
United Nations System in the Future, 388
26. THE EVOLUTION OF THE ANTARCTIC TREATY
SYSTEM THE INSTITUTIONAL PERSPECTIVE
R. Tucker Scully
Introduction, 391; The Antarctic Treaty, 391; The Antarctic
Treaty System Substantive Content, 395; The Antarctic
Treaty System Institutional Response, 400; Operation of
the Antarctic Treaty System, 406; Conclusion, 409
27. PANEL DISCUSSION ON INSTITUTIONS OF THE
ANTARCTIC TREATY SYSTEM
Legitimacy, 423; Evolution of the Antarctic Treaty System,
427; Concluding Remarks, 431
XV
.... 391
413
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Participants discuss the Antarctic Treaty System in the Jamesway at
Beardmore South Field Camp, Transantarctic Mountains, Antarctica.
