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 ICJ; Articles 12, 13, 14 -
deal with upholding, interpreting, and amending the treaty among
involved nations; other agreements - some 200 recommendations
adopted at treaty consultative meetings and ratified by governments
include - Agreed Measures for Fauna and Flora (1964) which were
later incorporated into the Environmental Protocol; Convention for
the Conservation of Antarctic Seals (1972); Convention on the
Conservation of Antarctic Marine Living Resources (1980); a mineral
resources agreement was signed in 1988 but remains unratified; 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
through five specific annexes: 1) environmental impact assessment,
2) conservation of Antarctic fauna and flora, 3) waste disposal and
waste management, 4) prevention of marine pollution, and 5) area
protection and management; it prohibits all activities relating to
mineral resources except scientific research
Legal system:
Antarctica is administered through meetings of the consultative
member nations; 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; US law,
including certain criminal offenses by or against US nationals, such
as murder, may apply extra-territorially; 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 of
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
Antarct
|