Antarctica Government - 2024

Country name

conventional long form: none

conventional short form: Antarctica

etymology: name derived from two Greek words meaning "opposite to the Arctic" or "opposite to the north"

Government type

Antarctic Treaty Summary - the Antarctic region is governed by a system known as the Antarctic Treaty system; the system includes: 1. the Antarctic Treaty, signed on 1 December 1959 and entered into force on 23 June 1961, which establishes the legal framework for the management of Antarctica, 2. Measures, Decisions, and Resolutions adopted at Antarctic Treaty Consultative Meetings, 3. The Convention for the Conservation of Antarctic Seals (1972), 4. The Convention on the Conservation of Antarctic Marine Living Resources (1980), and 5. The Protocol on Environmental Protection to the Antarctic Treaty (1991); the Antarctic Treaty Consultative Meetings operate by consensus (not by vote) of all consultative parties at annual Treaty meetings; by January 2024, there were 56 treaty member nations: 29 consultative and 27 non-consultative; consultative (decision-making) members include the seven nations that claim portions of Antarctica as national territory (some claims overlap) and 22 non-claimant nations; the US and Russia have reserved the right to make claims; the US does not recognize the claims of others; Antarctica is administered through meetings of the consultative member nations; measures adopted at these meetings are carried out by these member nations (with respect to their own nationals and operations) in accordance with their own national laws; the years in parentheses indicate when a consultative member-nation acceded to the Treaty and when it was accepted as a consultative member, while no date indicates the country was an original 1959 treaty signatory; claimant nations are - Argentina, Australia, Chile, France, NZ, Norway, and the UK; nonclaimant consultative nations are - Belgium, Brazil (1975/1983), Bulgaria (1978/1998), China (1983/1985), Czechia (1962/2014), Ecuador (1987/1990), Finland (1984/1989), Germany (1979/1981), India (1983/1983), Italy (1981/1987), Japan, South Korea (1986/1989), Netherlands (1967/1990), Peru (1981/1989), Poland (1961/1977), Russia, South Africa, Spain (1982/1988), Sweden (1984/1988), Ukraine (1992/2004), Uruguay (1980/1985), and the US; non-consultative members, with year of accession in parentheses, are - Austria (1987), Belarus (2006), Canada (1988), Colombia (1989), Costa Rica (2022) Cuba (1984), Denmark (1965), Estonia (2001), Greece (1987), Guatemala (1991), Hungary (1984), Iceland (2015), Kazakhstan (2015), North Korea (1987), Malaysia (2011), Monaco (2008), Mongolia (2015), Pakistan (2012), Papua New Guinea (1981), Portugal (2010), Romania (1971), San Marino (2023), Slovakia (1962/1993), Slovenia (2019), Switzerland (1990), Turkey (1996), and Venezuela (1999); note - Czechoslovakia acceded to the Treaty in 1962 and separated into the Czech Republic and Slovakia in 1993; Article 1 - area to be used for peaceful purposes only; military activity, such as weapons testing, is prohibited, but military personnel and equipment may be used for scientific research or any other peaceful purpose; Article 2 - freedom of scientific investigation and cooperation shall continue; Article 3 - free exchange of information and personnel, cooperation with the UN and other international agencies; Article 4 - does not recognize, dispute, or establish territorial claims and no new claims shall be asserted while the treaty is in force; Article 5 - prohibits nuclear explosions or disposal of radioactive wastes; Article 6 - includes under the treaty all land and ice shelves south of 60 degrees 00 minutes south and reserves high seas rights; Article 7 - treaty-state observers have free access, including aerial observation, to any area and may inspect all stations, installations, and equipment; advance notice of all expeditions and of the introduction of military personnel must be given; Article 8 - allows for jurisdiction over observers and scientists by their own states; Article 9 - frequent consultative meetings take place among member nations; Article 10 - treaty states will discourage activities by any country in Antarctica that are contrary to the treaty; Article 11 - disputes to be settled peacefully by the parties concerned or, ultimately, by the International Court of Justice; Articles 12, 13, 14 - deal with upholding, interpreting, and amending the treaty among involved nations; other agreements - some 200 measures adopted at treaty consultative meetings and approved by governments; the Protocol on Environmental Protection to the Antarctic Treaty was signed 4 October 1991 and entered into force 14 January 1998; this agreement provides for the protection of the Antarctic environment and includes five annexes that have entered into force: 1) environmental impact assessment, 2) conservation of Antarctic fauna and flora, 3) waste disposal and waste management, 4) prevention of marine pollution, 5) area protection and management; a sixth annex addressing liability arising from environmental emergencies has yet to enter into force; the Protocol prohibits all activities relating to mineral resources except scientific research; a permanent Antarctic Treaty Secretariat was established in 2004 in Buenos Aires, Argentina

Legal system

Antarctica is administered through annual meetings - known as Antarctic Treaty Consultative Meetings - which include consultative member nations, non-consultative member nations, observer organizations, and expert organizations; decisions from these meetings are carried out by these member nations (with respect to their own nationals and operations) in accordance with their own national laws; more generally, the Antarctic Treaty area and all areas south of 60 degrees south latitude, including all ice shelves and islands, are subject to a number of relevant legal instruments and procedures adopted by the states party to the Antarctic Treaty; note - US law, including certain criminal offenses by or against US nationals, such as murder, may apply extraterritoriality; some US laws directly apply to Antarctica; for example, the Antarctic Conservation Act, 16 U.S.C. section 2401 et seq., provides civil and criminal penalties for the following activities unless authorized by regulation or statute: the taking of native mammals or birds; the introduction of nonindigenous plants and animals; entry into specially protected areas; the discharge or disposal of pollutants; and the importation into the US of certain items from Antarctica; violation of the Antarctic Conservation Act carries penalties of up to $10,000 in fines and one year in prison; the National Science Foundation and Department of Justice share enforcement responsibilities; Public Law 95-541, the US Antarctic Conservation Act of 1978, as amended in 1996, requires expeditions from the US to Antarctica to notify, in advance, the Office of Ocean and Polar Affairs, Room 2665, Department of State, Washington, DC 20520, which reports such plans to other nations as required by the Antarctic Treaty; for more information, contact antarctica@state.gov

Flag description

unofficial; a True South flag, created in 2018, has quickly become popular for its simple yet elegant design and has been used by various National Antarctic Programs, Antarctic nonprofits, and expedition teams; the flag's meaning is described as: horizontal stripes of navy and white represent the long days and nights at Antarctica's extreme latitude; in the center, a lone white peak erupts from a field of snow and ice, echoing those of the bergs, mountains, and pressure ridges that define the Antarctic horizon; the long shadow it casts forms the unmistakable shape of a compass arrow pointed south, an homage to the continent's legacy of exploration; together, the two center shapes create a diamond, symbolizing the hope that Antarctica will continue to be a center of peace, discovery, and cooperation for generations to come