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3. Juridical Nature of the 1959 Treaty System
Pages 33-46

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From page 33...
... In recognition of the Russian navigators' accomplishments, one of the South Pole seas was named after Bellingshausen. These Russian discoveries and the first scientific research carried out in the Antarctic attracted the attention of many countries to the region, which went beyond purely scientific and exploratory interests.
From page 34...
... In the opinion of the USSR, a future agreement would have to be based on the principles of using Antarctica exclusively for peaceful purposes and of freedom of scientific research in the entire region. The note recalled the outstanding achievements of Russian explorers in
From page 35...
... PEACEFUL USE The Soviet Union attaches great importance to the Antarctic Treaty as an international legal instrument aimed at curbing the arms race. In accordance with the treaty, a vast continent together with its neighboring islands and adjacent seas is placed totally outside the sphere of military preparations of any form whatsoever, including nuclear-weapon tests.
From page 36...
... It was due to the tireless efforts of the Soviet Union that prohibition of any nuclear explosions, both military and peaceful, and of the disposal of nuclear waste was embodied in Article V of the treaty. The totality of the provisions of Articles I and V, prohibiting in particular any measures of a military nature and any nuclear explosions, bestow on Antarctica a status not only of a demilitarized area of the globe but, for the first time in history, of a zone free from nuclear weapons.
From page 37...
... In particular, the Soviet Union supports the proposal to create such a zone in the Indian Ocean, a _ . _ vast geographical region directly adjoining Antarctica and of exceptional importance for world navigation.
From page 38...
... Under the Antarctic Treaty, the mechanism in question is the consultative meeting of states that are parties to the treaty. Under Article IX, the right to participate in consultative meetings belongs to the original contracting parties to the treaty as well as to the contracting parties that conduct substantial scientific research activity in Antarctica, establishing scientific stations and dispatching scientific expeditions there.
From page 39...
... It is of great importance for all consultative parties and reflects the specific nature of regulating the problems of Antarctica in terms of international law. The principle of consensus used in consultative meetings actually means that no decision may be adopted unless it suits every party.
From page 40...
... In particular, they regulate questions of radio and telecommunications, tourism and nongovernmental expeditions, information exchange, use of radioisotopes, designation of specially protected areas, use of scientific research rockets, introduction of animals and plants for laboratory research, cooperation in transport, human impact on the antarctic environment, and many others. Taking into account the unique antarctic environment and its highly sensitive and fragile fauna and flora, the third consultative meeting held in Brussels in 1964 adopted the Agreed Measures for the Conservation of Antarctic Fauna and Flora (Recommendation III-8)
From page 41...
... was worked out within the framework of the consultative meetings. It provides international legal protection for this important species of antarctic fauna, which was almost exterminated at one time.
From page 42...
... This mechanism for international cooperation in the study and rational use of marine living resources in the region, which has been established on the basis of the Antarctic Treaty, serves the interests of all humankind and is proving in practice its efficiency and reliability for the development of such cooperation in the future. Pursuant to Recommendation XI-1 of the eleventh consultative meeting under the Antarctic Treaty, the consideration of questions related to an antarctic mineral resources regime is now under way.
From page 43...
... Later on, a number of recommendations were adopted. The ninth consultative meeting, for example, took a decision establishing a moratorium on any activities relating to the exploitation of mineral resources of Antarctica until an appropriate international legal regime was elaborated that would adequately regulate such activities and provide proper norms to protect the unique antarctic environment and ecological systems dependent on it.
From page 44...
... Annually, many states send to the sixth continent scientific research expeditions that have at their disposal up-to-date technology and sophisticated equipment. This development of broad international and mutually beneficial cooperation in Antarctica has become possible due only to the 1959 treaty, a unique international legal instrument whose effectiveness has been tested and borne out by the entire course of its history.
From page 45...
... The Soviet Union is in favor of strengthening the Antarctic Treaty in every possible way as a major international legal instrument of today, aimed at maintaining peace and security both in the Southern Hemisphere and all over the globe.


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