The Antarctic Treaty and related agreements, known as the Antarctic Treaty System (ATS), manage how countries interact regarding Antarctica, Earth's only continent without a native human population. It was the first agreement during the Cold War to stop military weapons, making Antarctica a place for scientific research, allowing free scientific study, and banning military actions. For the treaty, Antarctica includes all land and ice shelves south of 60°S latitude. Since September 2004, the Antarctic Treaty Secretariat, which carries out the treaty system, is based in Buenos Aires, Argentina.
The main treaty was signed on December 1, 1959, and officially started on June 23, 1961. The original signers were 12 countries active in Antarctica during the International Geophysical Year (IGY) of 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 built over 55 research stations in Antarctica for the IGY, and the treaty was a way to show the cooperation achieved through their work. As of 2024, the treaty has 58 member countries.
History
After World War II, the United States considered claiming land in Antarctica. From August 26, 1946, to early 1947, the U.S. carried out Operation Highjump, the largest military mission ever sent to Antarctica. It included 13 ships, 4,700 soldiers, and many planes. The mission aimed to train military personnel and test equipment in extreme cold, preparing for a possible war in Antarctica.
On September 2, 1947, the part of Antarctica the U.S. was interested in (between 24° W and 90° W) became part of the security zone under the Inter-American Treaty of Reciprocal Assistance. This treaty required member countries to protect the area from outside attacks.
In August 1948, the U.S. suggested Antarctica be managed by the United Nations as a trust territory, with Argentina, Australia, Chile, France, the U.S., the U.K., and New Zealand overseeing it. This idea was rejected by Argentina, Australia, Chile, France, and Norway. Before the rejection, the U.S. proposed international cooperation on Antarctica, which the U.K. supported. Chile later suggested delaying all territorial claims for five to ten years to negotiate a solution, but this idea was not accepted.
In 1950, the U.S. goal of keeping the Soviet Union away from Antarctica failed when the Soviets said they would not agree to any Antarctic deal without their involvement. Fearing the USSR might claim land in Antarctica, the U.S. stopped making its own claims.
International conflicts led to efforts to create an agreement about Antarctica. During World War II, tensions arose, and in February 1952, Argentine soldiers fired warning shots at British people near Hope Bay. The U.K. responded by sending a warship to the area. In 1949, Argentina, Chile, and the U.K. signed a Tripartite Naval Declaration, agreeing not to send warships south of the 60th parallel south. This agreement was renewed yearly until 1961, when the Antarctic Treaty was signed.
In January 1953, Argentina reopened a military shelter on Deception Island, leaving two sailors there. On February 15, British marines arrived on the island, captured the Argentine soldiers, and destroyed the shelter. The soldiers were later sent to a ship near South Georgia. A British group stayed on the island for three months.
In May 1955, the U.K. filed lawsuits against Argentina and Chile at the International Court of Justice, claiming their Antarctic and sub-Antarctic claims were invalid. Both countries refused the court’s authority, and by 1956, the claims were closed.
In 1956 and 1958, India tried to bring the Antarctic issue to the United Nations General Assembly but failed.
In 1950, the International Council of Scientific Unions (ICSU) discussed holding a third International Polar Year. The World Meteorological Organization suggested expanding the idea to the entire planet, creating the International Geophysical Year (1957–1958). Sixty-six countries participated. At a meeting in Stockholm in 1957, a group called the Scientific Committee for Antarctic Research (SCAR) was formed to share scientific information about Antarctica.
Argentina and Chile said research during the International Geophysical Year would not give any country territorial rights over Antarctica. They also said temporary structures built during the event should be removed after the year ended. However, in 1958, the U.S. wanted to extend research for another year, and the Soviet Union said it would keep its scientific bases until its studies were complete.
Scientific bases increased tensions in Antarctica. Fear of the Cold War spreading to the continent led President Dwight D. Eisenhower to hold a conference with 12 countries active in Antarctica. Representatives met in Washington for 60 sessions from 1958 to 1959 to create a treaty framework. No agreement was reached initially, but in late 1959, a high-level conference signed the Antarctic Treaty.
The Antarctic Treaty was signed in 1959 by 12 nations and took effect in 1961. Key ideas included allowing free scientific research, peaceful use of the continent, and no military activities. The treaty also banned nuclear testing, economic exploitation, and new territorial claims. It allows only scientific research stations as permanent structures. Original signatory countries have voting rights, with some claiming parts of Antarctica and others not. Other nations can join as consultative members by doing significant research. In 1991–1992, the treaty was updated with the Madrid Protocol, banning mining and oil exploration for 50 years.
The U.S., Soviet Union, U.K., and New Zealand supported an international Antarctic administration under the United Nations. Australia and the U.K. wanted observer inspections, and the British proposed using military personnel for logistics. Argentina suggested banning all atomic explosions in Antarctica, causing a disagreement. The U.S. and others wanted to ban only unannounced explosions. The Soviet Union and Chile supported Argentina’s idea, leading the U.S. to agree.
The treaty was the first arms control agreement during the Cold War. Participating countries avoided making Antarctica a global political issue.
Other agreements
Other agreements include about 200 recommendations that were agreed upon during meetings where treaties are discussed and approved by governments.
Meetings
The Antarctic Treaty System holds yearly meetings called Antarctic Treaty Consultative Meetings (ATCM) to manage the Antarctic region. Out of 58 countries involved, only 29 can make decisions during these meetings. The other 29 can attend but not vote. The 29 decision-makers are called Consultative Parties. These include the original 12 countries that signed the treaty and 17 other countries that do a lot of scientific work in Antarctica. The treaty also allows for Special Antarctic Treaty Consultative Meetings (SATCM), which are called for important issues but happen less often than ATCMs.
State parties
As of 2024, 58 countries are part of the treaty. Of these, 29 countries, including all 12 original signatories, have voting rights. These 29 countries include seven nations that claim parts of Antarctica as their own territory. The other 51 countries do not recognize any territorial claims in Antarctica. Additionally, 42 of the treaty's member countries have agreed to the Protocol on Environmental Protection to the Antarctic Treaty.
Overview of parties to the Antarctic Treaty System
East Germany joined on 19 November 1974 and received a special status on 5 October 1987, before it reunited with West Germany. East Germany had a claim that overlapped with one or two other claimants and kept the right to make a claim.
Antarctic Treaty Secretariat
The Antarctic Treaty Secretariat was created in Buenos Aires, Argentina in September 2004 by the Antarctic Treaty Consultative Meeting (ATCM). Jan Huber from the Netherlands was the first Executive Secretary for five years until August 31, 2009. He was followed by Manfred Reinke from Germany on September 1, 2009. Reinke was followed by Albert Lluberas from Uruguay. He was chosen in June 2017 during the 40th Antarctic Consultative Treaty Meeting in Beijing, China.
The work of the Antarctic Treaty Secretariat includes the following areas:
Legal system
Antarctica has no permanent residents. Most of Antarctica is claimed by one or more countries, but many countries do not accept these claims. The area on the mainland between 90 degrees west and 150 degrees west is the only major land on Earth not claimed by any country. Before 2015, the interior of Norway’s claimed area, which had unclear boundaries, was considered unclaimed. In 2015, Norway officially claimed the area between its Queen Maud Land and the South Pole.
Governments that agree to the Antarctic Treaty and its Environmental Protection Protocol use national laws to follow the treaty’s rules. These laws usually apply only to their own citizens in Antarctica and help enforce agreements about acceptable activities, required permits for entering certain areas, and environmental impact assessments. The Antarctic Treaty is often seen as an example of the idea that Antarctica belongs to everyone.
Argentina claims the Argentine Antarctic Territory (between 25° W and 74° W), which it considers part of its national territory. Since 1990, this area has been managed by the province of Tierra del Fuego, Antarctica, and South Atlantic Islands under Law 23.775. Argentine law applies to all Argentine citizens in Antarctica, with legal cases handled by courts in Ushuaia, the provincial capital.
Important laws include Decree-Law 2.191/1957, which set the basic rules for Argentine activities in Antarctica, and later laws that support the Antarctic Treaty System. The Argentine Antarctic Institute (Instituto Antártico Argentino), created in 1951, manages scientific and logistical work in the region.
Australia’s laws about Antarctica date back more than 20 years before the Antarctic Treaty was signed. For criminal law, the same rules that apply to the Jervis Bay Territory (which follows the laws of the Australian Capital Territory) also apply to the Australian Antarctic Territory. Key laws include the Antarctic Treaty Act 1960, the Antarctic Treaty (Environment Protection) Act 1980, and the Antarctic Marine Living Resources Conservation Act 1981.
U.S. laws, including rules about crimes like murder, may apply in areas not under other countries’ control. To enforce these laws, the United States sends special deputy U.S. Marshals to Antarctica.
Some U.S. laws directly apply to Antarctica. For example, the Antarctic Conservation Act (Public Law 95-541, 16 U.S.C. § 2401 et seq.) sets penalties for unauthorized activities, such as fines up to $10,000 or one year in prison. The Treasury, Commerce, Transportation, and Interior departments share responsibility for enforcing these rules. The law also requires U.S. expeditions to notify the Office of Oceans and Polar Affairs in advance, which shares plans with other nations as required by the Antarctic Treaty. More details are provided by the National Science Foundation’s Office of Polar Programs.
In 2006, New Zealand police said they could not issue warrants for American witnesses who refused to testify during an investigation into the death of Australian astrophysicist Rodney Marks at the South Pole base in May 2000. Marks died at the U.S. Amundsen–Scott South Pole Station. At first, the National Science Foundation and the base’s contractor believed the death was due to natural causes. However, an autopsy in New Zealand showed Marks died from methanol poisoning. New Zealand police began an investigation. In 2006, the Christchurch Coroner said it was unlikely Marks knowingly drank methanol, though it was unclear if someone else caused his death. A police detective criticized the National Science Foundation and contractor Raytheon for not cooperating with the investigation.
Under the South African Citizens in Antarctica Act, 1962, South African law applies to all South African citizens in Antarctica, with legal cases handled by courts in Cape Town. The Antarctic Treaties Act, 1996, includes the Antarctic Treaty and related agreements in South African law. South Africa also claims legal authority over South African residents and members of expeditions organized in South Africa for treaty violations.