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Antarctica: Current National Interests and Legal Realities

Published online by Cambridge University Press:  27 February 2017

John Hanessian Jr.*
Affiliation:
U. S. National Committee, IGY 1957-1958, National Academy of Sciences

Abstract

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Type
Fourth Session
Copyright
Copyright © American Society of International Law 1958

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References

1 This Committee was established by the International Council of Scientific Unions in 1953. Its membership is composed of representatives from several of the participating scientific unions. The President is Dr. Sydney Chapman, the Vice President, Dr. Lloyd V. Berkner, and the General Secretary, Dr. Marcel Nicolet. Representatives of all the IGY Participating Committees are invited to its meetings, which have been held about once every year, first to plan and later to co-ordinate the worldwide IGY program.

2 Second Meeting of the Special Committee for the International Geophysical Year (CSAGI), Rome, 30 September-4 October 1954,” CSAGI Bulletin d’Information No. 5, pp. 59-67 Google Scholar.

3 Ibid. No. 7, 1956, pp. 18-25.

4 Established by the U. S. National Academy of Sciences in 1952, the Committee has responsibility for planning, directing and executing the U. S. program for the IGY.

5 CSAGI Doc. CIR 304 28-12-56 (150).

6 Ibid.

7 Ibid.

8 Fourth CSAGI Antarctic Conference, Paris 13-15 June 1957,” Chronique de l’U.G.G.I. No. 6, Aug. 1957, p. 234 Google Scholar.

9 Ibid., pp. 234-235.

10 ICSU ad hoc Antarctic Meeting in Stockholm, September 9-11, 1957,” Chronique de l’U.G.G.I. No. 7, Oct. 1957, pp. 259-262 Google Scholar.

11 Most national adhering bodies are academies of science, some of which are integral parts of the governmental structure, others, such as the U. S. National Academy of Sciences, are non-governmental.

12 International Council of Scientific Unions, Special Committee on Antarctic Research, The Hague, February 3-5, 1958 (mimeo. report, CIR 446 17-2-58 (100 RV)).

13 The Antarctic Convergence is the name given to the line which divides the Antarctic waters into two main hydrological zones. The cold northward-moving Antarctic surface water sinks beneath the warmer sub-Antarctic water in a line which is very easily distinguished by the sudden change in surface temperature. The Convergence roughly approximates the 50th parallel south latitude, except from about 120° W. to 60° W. where it is closer to 60° S.

14 Ibid.

15 The first covered meteorology, oceanography, cosmic physics, biology and physiology; the second, geology, glaciology, geomorphology and cartography; and the third, seismology, gravity and vulcanology.

16 Chronique de l’U.G.G.I. No. 6, op. cit., p. 235.

17 By Decree-Law No. 2191 published in the Boletín Oficial, March 19, 1957. The Argentinian claim in the Antarctic region comprises a sector between 25° and 74°W., and is bordered on the north by the 60th parallel of south latitude. From 53° to 70°W. this overlaps the Chilean claim. The claim is primarily based on (1) the presumed geological and geographical continuation of the Andes through the island chains into the Antarctic region, (2) territorial proximity, and (3) the maintenance by Argentina of a meteorological station on Laurie Island in the South Orkneys since 1904. The Argentinian claim has largely been based on its feeling that the administrative organization of territory is considered a major act of sovereignty in the perfection and maintenance of titles. See Hayton, Robert D., “The American Antarctic,” 50 A.J.I.L. 583-610 (1956)Google Scholar, for a comprehensive review of the interlocking claims of Argentina, Chile and the United Kingdom in the Palmer Peninsula area.

18 Included were the archipelago of Tierra del Fuego, Isla de los Estados, Isla Ano Nuevo, Islas Malvinas (Falkland Islands), South Georgia Island, South Sandwich Islands, and the Argentine-claimed sector of the Antarctic continent contained within 25°W.-74°W. and the parallel 60°S. ( Polar Record, Vol. 9, No. 58, January, 1958, pp. 52-53 Google Scholar).

19 Although Australians were active in British expeditions to the Antarctic even before the foundation of the Commonwealth in 1908, and several Australian expeditions were mounted between 1911 and 1931, Australia made no formal claim to the Antarctic until 1933. On Feb. 7, 1933, an Order in Council by the United Kingdom formally claimed the following territory and placed it under the authority of the Commonwealth of Australia: the area south of 60°S. and lying between 160°E. and 45°E. except for Adelie Land (136°-142°E.). The Australian claim is supported chiefly by the discoveries and exploration of several Englishmen during the first half of the 19th century, and Mawson, an Australian, early in the 20th century.

20 Washington Post and Times Herald, Feb. 24, 1957.

21 ICSU ad hoc Antarctic Meeting in Stockholm, September 9-11, 1957, Appendix I (mimeo. doc).

22 ICSU-SCAR Report, CIR 446, 17-2-58 (100 RV), op. cit.

23 Belgium, U. S. Antarctic Programs Officer, Aug. 20, 1957 (mimeo.).

24 The Chilean claim was put forward in Decree No. 1747 on Nov. 6, 1940, by President Aguirre Cerda. The sector between 53° and 90 °W. was declared to constitute the Chilean Antarctic Territory (Boletín Oficial, Nov. 6, 1940). This declaration was an attempt “to fix with accuracy the limits of a sovereignty that had existed since the 16th Century.” (See Pinochet de la Barra, Oscar, Chilean Sovereignty in Antarctica (Santiago, 1955), for a detailed development of the Chilean claim, beginning with the 15th-century Papal Bulls.)

25 ICSU-SCAR Report, op. cit.

26 French expeditions have been active in the Antarctic since 1738-39, when Bouvet de Lozier discovered Bouvet Island. The limits of the French claim were formally defined by a decree by the President of the French Republic on April 1, 1938. The decree states French sovereignty over “the islands and territories situated south of the 60th degree and between 136-142°E.” (Journal Officiel, April 6, 1938.)

27 ICSU-SCAR Report, op. cit.

28 Although a 1912 Japanese expedition conducted a successful program of exploration in the area of the Bay of Whales, the Ross Ice Shelf and the Edward VII Peninsula, the Japanese Government never asserted specific claims to the Antarctic area. On Sept. 8, 1951, by the Peace Treaty signed with the Allied Powers, Japan formally renounced “all claim to any right or title or interest in connection with any part of the Antarctic area. . .” (Ch. II: Territory, Art. II). Recent press reports have stated that Japan will re-establish her station for post-IGY studies.

29 The Norwegian claim was proclaimed by Jan. 14, 1939, Order in Council which stated Norwegian sovereignty over “that part of the mainland coast” between 20°W. and 45 °E. Bouvet Island and Peter I Island were claimed in 1928 and 1931 respectively. It appears that the Norwegian claim does not include the territory lying Poleward from the coast, which has been explored by several Norwegian parties. A Norwegian station for the IGY was established in Queen Maud Land in January, 1957.

30 On Jan. 30, 1948, a South African proclamation declared sovereignty over the sub-Antarctic islands, Marion Island and Prince Edward Island, and stations have since been maintained.

31 ICSU ad hoc Antarctic Meeting in Stockholm, September 9-11, 1957, Appendix IV (mimeo. doc).

32 The New Zealand area of claim extends from 160°E. to 150°W. Administrative authority over this area, known as the Ross Dependency, was assigned by the United Kingdom, by a July 30, 1923, Order in Council, to the Governor General of New Zealand. During 1956-1957 New Zealand established an IGY station, Scott Base, on Ross Island. New Zealand scientists also occupy jointly with US-IGY personnel Hallett Station on the northeastern coast of Victoria Land.

33 Press release, Feb. 28, 1958, Wellington, “Statement by Prime Minister.”

34 Press release, Feb. 3, 1958, Wellington, “Statement of Prime Minister Nash.”

35 Arranged by the New Zealand National Committee for the IGY, this Symposium enabled returning Antarctic field scientists from many countries to discuss their work and scientific results in an informal manner. Meetings were held Feb. 18-22, 1958.

36 New Zealand Newsletter, No. 683, March 17-23, 1958.

37 Future Activity in the Ross Dependency, Press Statement, Wellington, April 16, 1958.

38 The British claim in Antarctica, including the administrative entity known as the Falkland Islands Dependencies, comprises all islands and territory between 20° and 50°W. below the 50th parallel south latitude, and all islands and territory between 50° and 80°W. below the 58th parallel south latitude. The British claim was made and delimited in Letters Patent of July 21, 1908, and March 28, 1917. The British claim to the Falkland Islands Dependencies is based on discoveries, formal acts of taking possession, maintenance of several stations, especially during the past 10 years, and the exercise of acts of sovereignty. During the IGY the United Kingdom has maintained 13 stations in the Falkland Islands Dependencies as well as a station at the edge of the Weddell Sea at Halley Bay. For a comprehensive review of British claims see The British Title to Sovereignty in the Falkland Islands Dependencies,” The Polar Record, Vol. 8, No. 53, May, 1956, pp. 125-152 CrossRefGoogle Scholar.

39 Chronique de l’U.G.G.I. No. 6, op. oit., pp. 232-233.

40 Ibid., p. 235.

41 ICSU-SCAR Report, op. cit., p. 5.

42 “Britain to Close Polar Bases,” New York Times, Feb. 14, 1958.

43 Although the U.S.S.R. has never claimed any Antarctic territory, considerable interest in the area has been expressed during recent years. A Soviet Memorandum of June 10, 1950, declared that: “The Government of the U.S.S.E. cannot agree that such a question as the question of the regime for the Antarctic should be decided without their participation. . . . The Soviet Government consider it necessary to state that in accordance with international practice all interested countries should be enlisted for the discussion of the regime for any area of international significance. The Soviet Government considers that this international practice should also be observed in deciding the question of the Antarctic. . . . The Soviet Government . . . are prepared to examine any proposals of the interested governments both regarding the procedure for the discussion of this question and the nature of the regime for the Antarctic.” A thorough examination of the Soviet position toward Antarctic claims is given by Toma, Peter A., “Soviet Attitude Towards the Acquisition of Territorial Sovereignty in the Antarctic,” 50 A.J.I.L. 611-626 (1956)Google Scholar.

44 Chronique de l’U.G.G.I. No. 6, op. cit., p. 235.

45 Mirny (37 scientific personnel), Oasis (7), Vostok (10), Sovietskaya (6), Pioneerskaya (6), Komsomolskaya (14).

46 ICSU-SCAR Report, op. cit.

47 Chronique de l’U.G.G.I. No. 6, op. cit., pp. 232-233.

48 International Geophysical Year, the Arctic, Antarctica, Report of the Committee on Interstate and Foreign Commerce, House of Representatives, Feb. 17, 1958, H. Rep. No. 1348 (Government Printing Office, Washington), p. 43.

49 This Bill was under preparation during much of 1956 by the Department of Defense Office, “Officer in Charge United States Antarctic Programs.” On Oct. 21, 1955, Rear Admiral E. E. Byrd was designated to this position by the Deputy Secretary of Defense. As senior representative for the Secretary of Defense, Admiral Byrd was charged with maintaining “effective monitorship over the political, scientific, legislative and operational activities which comprise the total United States Antarctic program.” Since the death of Admiral Byrd in March, 1957, Rear Admiral George Dufek has been given this post. For a description of the activities of this office see Antarctica the Last Frontier, the Annual Report of the Officer in Charge U. S. Antarctic Programs, Fiscal Year 1956 (U. S. Government Printing Office, Washington, 1957).

50 Cong. Rec, Senate, May 31, 1957, pp. 7269-7274.

51 International Geophysical Year, the Arctic, Antarctica, op. cit., p. 45.

52 Ibid., p. 46.

53 See New York Times, Feb. 10 and Aug. 26, 1957, for typical articles (by Walter Sullivan) analyzing the question.

54 Admiral Dufek in 1954 was designated Commander, Task Force 43, the Naval unit that was assigned by the Department of Defense to provide the necessary logistic support for the establishment and maintenance of the U. S.-IGY Antarctic stations.

55 International Geophysical Year, the Arctic, Antarctica, op. cit., p. 45.

56 New York Times, Feb. 13, 1958.

57 On April 22, 1958, at a Department of State press conference, Lincoln White, the press officer for the Department, stated that the United States is consulting with the Soviet Union and other nations on continuing scientific co-operation in Antarctica beyond December 31, 1958, when the IGY period is concluded. It was reported that Department officials had discussed the proposal with the Soviet Ambassador in Washington as well as with envoys from other countries. New York Times, April 23, 1958.

58 2 U. S. Foreign Relations (1924) 519-520.

59 19 Dept. of State Bulletin 301 (1948).

60 New York Times, April 23, 1958; 38 Dept. of State Bulletin 910-912 (1958).

61 Sydney Morning Herald, Feb. 12, 1958.

62 “British Seek Pact on the Antarctic,” New York Times, Feb. 13, 1958.

63 The Dominion. Wellington, Feb. 20, 1958.