Do you think that "bio-prospecting" (biotech companies searching for organisms to use in medicines or other applications) should be allowed in the Antarctic?
Antarctic Treaty 1959
The Antarctic Treaty was signed in 1959 by 12 countries: Argentina, Australia, Belgium, Chile, the French Republic, Japan, New Zealand, Norway, the Union of South Africa, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America. Since then, the number of signatories has grown to 45.
The Treaty has 14 articles, which can be summarized as follows:
Article 1 - Peaceful purposes Antarctica will only be used for peaceful purposes: no military bases, weapons, training etc. Military personnel may carry out science and other peaceful activities.
Article 2 - Freedom of scientific investigation Co-operative science will continue along the lines of the International Geophysical Year.
Article 3 - International scientific cooperation Researchers will exchange information and staff and results freely for the sake of efficiency and economy, and make observations and results available.
Article 4 - Territorial sovereignty No prior or potential claims to any portion of Antarctica are renounced, nor is recognition or non-recognition of any other State's rights or claims by another affected. No activities under the treaty should be interpreted as attempts to assert any such claims or rights. There will be no new claims during the Treaty.
Article 5 - Nuclear activity There will be no nuclear explosions, and no radioactive waste material. Any future international agreements concerning the use of nuclear energy entered into by the Parties to this Treaty will apply to Antarctica.
Article 6 - Geographical coverage For this Treaty, Antarctica is defined as being the area south of 60° South Latitude, including all ice shelves. It does not affect any rights under international law with regard to the high seas.
Article 7 - Inspections Parties to the Treaty may designate representatives to meetings and to have observers at inspections; details of appointments and resignations to be disseminated between all the Parties. Observers have complete freedom of access to all of Antarctica. Everything brought to Antarctica will be open to inspection by the observers. Inspections may be made from the air. Parties will inform each other in advance of any expeditions, occupation of stations, and any military personnel or equipment.
Article 8 - Jurisdiction Observers and exchanged researchers and their staff will remain under the jurisdiction of their national Treaty Party. Disputes will be settled between Parties.
Article 9 - Treaty Meetings Representatives of active parties (i.e. those with a scientific base or expedition or other scientific research) will attend regularly arranged meetings to consult and exchange information and to consider measures (regarding peaceful uses of Antarctica, research, co-operation, inspections, jurisdiction queries, preservation and conservation of living resources) to be put to their governments. The measures will become effective when all parties eligible to attend approve them. Pre-existing rights may be exercised without the need for measures being proposed.
Article 10 - Activities contrary to Treaty Each Party will work within the UN Charter to ensure that nobody does anything on Antarctica against the Treaty.
Article 11 - Disputes between Parties Any dispute between 2 parties concerning the Treaty should be resolved between them by whatever peaceful means they see fit. If they fail, they should continue trying while referring it to the International Court of Justice.
Article 12 - Modification and duration The Treaty may be changed by agreement by all the active Parties, coming into force when all have ratified the change. If a Party does not ratify within 2 years, they are deemed to have withdrawn from the Treaty. Any active Party may request a review of the Treaty after 30 years from its entry into force. Any change approved by a majority will be notified to all Parties after the conference and, if ratified by all as above, will enter into force. If it has not entered into force after 2 years, any Party may give notice of withdrawal from the Treaty.
Article 13 - Ratification and entry into force Any member of the United Nations or invited Nation may join if all the active parties agree. Nations should ratify in the form its constitution specifies treaty ratification. The USA is designated as the government with whom all documents concerning ratification should be sent, and it should inform all of the other parties of receipts of relevant documents. The Treaty comes in force when all the signatories have deposited their instruments of accession. For new joiners it comes into force when they deposit their instruments of accession. The depositary Government will register the Treaty as per Article 102 of the Charter of the United Nations.
Article 14 - Deposition The Treaty, which is written equally validly in English, French, Russian and Spanish, will be deposited with the USA who will send certified copies to all the signatory and acceding governments.
Since the Treaty was signed, the following have been agreed:
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