The Antarctic Treaty and related agreements, together called the Antarctic Treaty System (ATS), manage how countries interact with Antarctica, the only continent on Earth without a native human population. It was the first agreement to stop military weapons during the Cold War, making Antarctica a place for scientific research, allowing freedom for scientific studies, and banning military activity. For the treaty system, 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, has been based in Buenos Aires, Argentina.
The main treaty was signed on 1 December 1959 and officially started on 23 June 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 created to show the scientific and operational cooperation they had achieved. 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 the start of 1947, the U.S. conducted Operation Highjump, the largest military group the United States had ever sent to Antarctica. It included 13 ships, 4,700 soldiers, and many airplanes. The mission aimed to train military personnel and test equipment in extremely cold conditions for a possible war in Antarctica.
On September 2, 1947, the area of Antarctica the United States was interested in (between 24° W and 90° W) was added to the security zone of the Inter-American Treaty of Reciprocal Assistance. This treaty required member countries to defend the area if attacked by outsiders.
In August 1948, the United States suggested that Antarctica should be managed by the United Nations as a trust territory, with Argentina, Australia, Chile, France, the United States, the United Kingdom, and New Zealand as caretakers. This idea was rejected by Argentina, Australia, Chile, France, and Norway. Before the rejection, on August 28, 1948, the United States proposed a way to make Antarctica an international area, and the United Kingdom supported this. Chile suggested pausing all claims for five to ten years while negotiating a solution, but this was not accepted.
In 1950, the United States’ goal of keeping the Soviet Union away from Antarctica failed when the Soviets told other countries they would not agree to any Antarctic deal that did not include them. Fearing the Soviet Union might claim land in Antarctica and bring the Cold War there, the United States did not make any claims.
International conflicts led to the need for an agreement about Antarctica. During World War II, some incidents happened, and another occurred in February 1952, when Argentine soldiers fired warning shots at British people in Hope Bay. The United Kingdom responded by sending a warship and landing soldiers at the scene on February 4. In 1949, Argentina, Chile, and the United Kingdom signed a Tripartite Naval Declaration, promising not to send warships south of the 60th parallel south. This agreement was renewed each year until 1961, when it was no longer needed after a treaty was signed. This agreement was made after Argentina sent eight warships to Antarctica in February 1948, causing tension.
On January 17, 1953, Argentina reopened a shelter on Deception Island, leaving two sailors there. On February 15, British soldiers from the frigate HMS Snipe landed on the island, captured the two Argentine sailors, and destroyed the shelter and a nearby Chilean shelter. The sailors were taken to a ship near South Georgia on February 18. A British group stayed on the island for three months while the frigate patrolled nearby until April.
On May 4, 1955, the United Kingdom filed lawsuits against Argentina and Chile at the International Court of Justice, claiming their Antarctic and sub-Antarctic land claims were invalid. Chile and Argentina refused to let the court handle their cases, so the claims were closed on March 16, 1956.
In 1956 and 1958, India tried but failed to bring the Antarctic issue to the United Nations General Assembly.
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 whole world, creating the International Geophysical Year from July 1, 1957, to December 31, 1958. Sixty-six countries took part. At a meeting in Stockholm in September 1957, a group called the Special Committee for Antarctic Research (SCAR) was created to share scientific information about Antarctica. SCAR later became the Scientific Committee for Research in Antarctica.
Argentina and Chile said that research done during the International Geophysical Year would not give any countries the right to claim land in Antarctica. They also said any structures built during that time should be removed after the event ended. However, in February 1958, the United States proposed extending Antarctic research for another year, and the Soviet Union said it would keep its scientific bases until its studies were finished.
More scientific bases in Antarctica increased international tensions. The fear that the Cold War might spread to Antarctica led U.S. President Dwight D. Eisenhower to hold a conference with 12 countries active in Antarctica during the International Geophysical Year to sign a treaty. In the first stage, representatives from the 12 countries met in Washington, holding 60 meetings between June 1958 and October 1959 to create a basic agreement. No agreement was reached at first. In the second stage, a high-level conference was held from October 15 to December 1, 1959, and the treaty was signed.
The Antarctic Treaty was signed by 12 countries in 1959 and took effect on June 23, 1961. The main ideas agreed on included freedom for scientific research in Antarctica and peaceful use of the continent. All countries agreed to keep Antarctica free of military activity, maintain the current situation, and ban nuclear testing, military operations, economic exploitation, and new land claims. The treaty is monitored through inspections. Only scientific research stations are allowed as permanent structures. The original 12 countries have voting rights over Antarctic governance, with seven claiming parts of the continent and five not making claims. Other countries can join as consultative members if they do significant research in Antarctica. Non-consultative countries can also join the treaty. Between 1991 and 1992, 33 countries renegotiated the treaty, adding the Madrid Protocol on Environmental Protection, which banned mining and oil exploration for 50 years.
The United States, Soviet Union, United Kingdom, and New Zealand supported an international administration for Antarctica under the United Nations. Australia and the United Kingdom wanted inspections by observers, and the United Kingdom suggested using military personnel for logistics. Argentina proposed banning all atomic explosions in Antarctica, causing a crisis until the last day of the conference. The United States, along with others, wanted to ban only unannounced explosions. The support of the Soviet Union and Chile for Argentina’s idea led the United States to agree.
Signing the treaty was the first arms control agreement during the Cold War. The countries involved avoided making Antarctica an international issue about land ownership.
Other agreements
Other agreements include around 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 and organize activities in Antarctica. Out of 58 countries involved in the agreement, only 29 can vote on decisions during these meetings. The other 29 countries may attend but cannot vote. The voting countries are called Consultative Parties. These include the 12 countries that first signed the treaty, as well as 17 additional countries that have shown interest in Antarctica by conducting important scientific work there. The treaty also allows for Special Antarctic Treaty Consultative Meetings (SATCM), which are held less often than ATCMs and are used to address more significant issues.
State parties
As of 2024, 58 countries are members of the Antarctic Treaty. Of these, 29 countries, including all 12 original signers of the treaty, have voting rights. These voting members include seven countries that claim parts of Antarctica as their own territory. The other 51 countries do not recognize any territorial claims in Antarctica. Forty-two of the treaty’s member countries have also agreed to the Protocol on Environmental Protection to the Antarctic Treaty.
Overview of parties to the Antarctic Treaty System
East Germany joined on November 19, 1974, and was given a special advisory role on October 5, 1987, before uniting with West Germany. There is a claim that overlaps with one or two other claims. The right to make a claim was reserved.
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 replaced on September 1, 2009, by Manfred Reinke from Germany. Reinke was replaced 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 mainland area between 90 degrees west and 150 degrees west is the only major land on Earth not claimed by any country. Until 2015, the interior of the Norwegian Sector, which had never been clearly defined, was considered unclaimed. In 2015, Norway officially claimed the area between its Queen Maud Land and the South Pole.
Countries that signed the Antarctic Treaty and its environmental protection agreement use their own 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 principle that Earth’s resources belong to all people.
Argentina claims the Argentine Antarctic Territory (between 25° W and 74° W) as part of its national territory. Since 1990, this area has been officially added to 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 matters handled by courts in Ushuaia, the provincial capital. Key laws include Decree-Law 2.191/1957, which created the legal framework for Argentine activities in Antarctica, and later laws that support the Antarctic Treaty System. The Argentine Antarctic Institute, established in 1951, manages scientific and logistical operations.
Australia’s laws related to 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 penalties for crimes like murder, may apply in areas not under the jurisdiction of other countries. To enforce these laws, the United States sends special deputy U.S. Marshals to Antarctica. Some U.S. laws directly apply to Antarctica, such as the Antarctic Conservation Act, which imposes fines or jail time for unauthorized activities. The U.S. Treasury, Commerce, Transportation, and Interior departments share responsibility for enforcing these laws. U.S. expeditions to Antarctica must notify the State Department’s Office of Oceans and Polar Affairs in advance, as required by the Antarctic Treaty. Additional details are provided by the National Science Foundation’s Office of Polar Programs.
In 2000, an Australian scientist died from methanol poisoning at a U.S. base in Antarctica. An investigation was later complicated by legal issues, as New Zealand police could not issue warrants for reluctant U.S. witnesses. The National Science Foundation and the base’s contractor initially believed the death was due to natural causes, but an autopsy in New Zealand showed methanol poisoning. In 2006, a New Zealand coroner noted that the cause of death was unclear, though it was unlikely the scientist intentionally ingested methanol. The police detective in charge criticized the National Science Foundation and the contractor for not cooperating.
South Africa’s law applies to all South African citizens in Antarctica, with legal matters handled by the magistrate’s court in Cape Town. The Antarctic Treaties Act, 1996, incorporates the Antarctic Treaty and related agreements into South African law. South Africa also claims jurisdiction over its citizens and members of expeditions organized in the country for violations of these treaties.