Editorial note

The primary objective of the Antarctic Treaty is to ensure that only activities for peaceful purposes take place in the Antarctic (Article I). In addition, the Treaty seeks to promote scientific research and co-operation among the Parties (Articles II and III). The Treaty does not confirm or deny the claims by several States to territorial sovereignty and other rights in the Antarctic (Article IV) and does not affect the rights under international law of States in respect of the high seas within the Antarctica region (Article VI). Nuclear explosions and the disposal of radioactive waste in the Antarctic are prohibited, subject to the conclusion of an international agreement on nuclear energy by the Consultative Parties (Article V). The Consultative Parties are those who are either named in the Preamble or who become so designated by conducting ‘substantial scientific research’ in the region (Article IX).

An inspection system is established (Article VII). The Treaty requires representatives of the Consultative Parties to meet at ‘suitable intervals’ to consult on matters relating to the Antarctic, including the preservation and conservation of living resources (Article IX(1)). The Treaty provides for the submission on consent of any dispute to the ICJ, but failure to agree on a reference to the ICJ does not relieve Parties of their obligations to settle the dispute by other peaceful means (Article XI). Amendments require the unanimous agreement of the Consultative Parties and enter into force when all have ratified them (Article XII(1)(a)).