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A proposal for dealing with jurisdictional uncertainty and lack of effective enforcement”, Emory International Law Review Vol. The three countries occupied themselves creating more and more libbro stations and sought to marginalize the presences of others by destroying any evidence of previous occupation and by producing increasingly more detailed maps of their respective territories” Final Report of the Committee.

Of course, other NGOs exist such as the Sea Shepherd Conservation Society whose role in protecting the Antarctic environment is not as institutionalized as the ASOC, but rather has an active role through which it exercises “direct action” 52 practices.

According to the conviction of the day, decisions in international material should be collective and concerted instead of being made individually and based on political force. OBSERVERS 40 Article VII of the Antarctic Treaty establishes this mechanism with ” the purpose of promoting the objectives and assuring the use of the regulations ” in the treaty and consists in the states that are able to participate in the Consultative Meetings contemplated in Article IX of the treaty having the right to designate observers to carry out inspections.

Gaddis, John Lewis As far as the activities in which the legally protected interest is the Antarctic environment, the following can be found: The first stance laid out the creation of ” an international mechanism to organize cooperation in Antarctica that would be restricted, in general, to the directly involved countries “, The second stance ” contemplated forms of internationalization based on practical criteria that involved the cooperation of specific fields of activity “, and the third position consisted of a ” general internationalization of Antarctica, within the scope of the United Nations, or the creation of a special organization “.

Following this, 14 articles are included that form the base for the regulation of the current Antarctic System of which the Antarctic Treaty is its cornerstone.

Except for a brief period between one event and another less than three yearsit is not easy to assert that research freedom already had been constituted as a customary practice for the Antarctic case, motive for which in a concrete case it could provide evidence that the treaty does not “effectively gather the customary Law” According to that establish in Article IX of the Antarctic Treaty, Consultative Meetings take place every year, with the purpose of ” … exchanging information, mutually seeking advice on matters of common interest related with Antarctica, and formulating, considering, and recommending to the governments measures to promote the principles and objectives of this treaty, including measures related to: The mechanisms laid out in the Antarctic Treaty, with their handicaps, have been successful in protecting the white continent, but according to the principle of law pacta tertiis nec nocent nec prosuntthese mechanisms are only applicable to the states that are party to this treaty and are not applicable to more than states on the planet that are party to the United Nations Organization, but that have not signed the Antarctic Treaty.

The natural wealth of its territorial mass is believed to be considerable and its coastal zones contain important sources of food … The Government of India considers that in order to strengthen universal peace, it would be appropriate and timely for all nations to agree and assert that the area will be used as a whole for peaceful means and for the general well-being ” The former has its foundation because, in addition to the possible generator effect of custom in international law that could be attributed to the Antarctic Treaty, which could be questionable 69the resolutions of the General Assembly of the United Nations can constitute proof of customary law, according to a majority of authors This is the reason for which we will analyze the other effects.


This proposal was not accepted for a long time. Subsequently, in addition to the twelve states that were the original signers, 38 states have joined and formed a group of 50 member states of the Antarctic Treaty divided into two categories: It consists in determining if, in the case that the mechanisms of mentioned treaty that are meant to protect the legally protected rights should fail, it could be argued that the Antarctic Treaty, especially the principal of the peaceful usage of Antarctica, constitutes a custom in international law and, therefore, it is the source of valid law enforceable against third party states that are not party to the Antarctic Treaty.

International Scientific Cooperation and exchange of: AlamedaPiso 3 Santiago – Chile Tel.: In this case, Judge Huber established that “sovereignty in relation to a portion of the surface of the globe is the legal condition necessary for the inclusion of such portion in the territory of any particular State” 9.

In order for this mechanism to be effective, the Contracting Parties should report in advanced the following: The Consultative Meetings are a multidimensional forum that have allowed for the constant advancement of the Antarctic System and which allow for everything from the exchange of points of view to negotiations on binding instruments. Barros Van Buren, Mario Except for China and Peru, all of the states parties to the Antarctic Treaty announced that they would not participate in the vote.

Van der Essen, Alfred Conservation estaxo the Antarctic flora and fauna.

The classification that we present is carried out to achieve a better understanding of that expressed in the treaty since there is no systematization of the mechanisms in this one, but rather a statement in such a manner that, for the person not well-versed in the Tekria Treaty, pibro Antarctic protection mechanisms can become a difficult topic to understand. Fifth edition Madrid, Aguilar S. In international law the burden of proof, onus probandirests with those who argue for the practice that is supposedly custom, such as that established by the International Court of Justice in the “Right to Asylum Case” between Colombia and Peru, in which it expressed that the ” party that invokes a custom of this nature should prove that it has been constituted in such a way that it has been made obligatory for the other party ” What would happen if some state that is not party is unaware of the provisions in the Antarctic Treaty, or if a state party to the treaty denounces it and subsequently claims to not recognize the institutionality of Antarctica?

Advisory Opinion on the legality of the threat or use of nuclear weapons: However, given that not all the states that are members of the United Nations Organization are part of the Antarctic Treaty and the complementary treaties or that some state party can denounce the Antarctic Treaty, the research question that we are attempting to address in this article emerges.

One of the aspects to consider, for the protection of Antarctica, is the degree of obligation of the ” measures ” recommended in these Jwllinek Meetings. Before beginning with the development of this paper, it is pertinent to clarify that given the complexity of the Jellinwk System and the Antarctic Treaty as its cornerstone this paper will concentrate on the Antarctic Treaty since what is advocated for in said treaty is applicable to the Antarctic System with respect to the material that will be visited below.

Peaceful usage of the Antarctic territory Article I, A.

This principle is that of consensus in the etado of decisions that is concretely seen in the Consultative Meetings Article IX, A. Evidence of this is clearly stated by Dodds in the following terms in the case of Chile, Argentina, and Great Britain: In order to determine this psychological character of obligation of peaceful usage of Antarctica, we consider the most useful test to be the treatment that has been given to the ” Question of Antarctica ” in the General Assembly of the United Nations, especially that expressed in the resolutions on this topic.


Observes with worry that the apartheid regime in South Africa continues to maintain its condition as Consultative Party to the Antarctic Treaty; 2.

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Afterwards, New Zealand did it in However, after having seen the analysis of the legally protected interests, we should use as generl reference, although be it concise in order not to get away from the objectives of this paper, that the protection and the regulations over the Antarctic territory have continued to be perfected with the development of the Antarctic System, of which the Antarctic Treaty is the first pillar. After carrying out an analysis, we consider that in the given case that a third party state not party to the Antarctic Treaty is unaware of the principle of peaceful usage of Antarctica, it is possible to argue that this principle has constituted custom in international law and, therefore, valid against states that eventually denounce the Antarctic Treaty or that do not take part in it, position in which the Antarctic territory will be protected against a non-peaceful usage.

Given the above, we consider that it is not viable to hellinek that the Antarctic Treaty, mainly regarding its peaceful usage, could be considered as a crystallizer for rulings of customary law since, given the events previous to the signing of this treaty, there were no legal elements to think possible the emergence of a custom being crystallized through the treaty.

In line with the same logic as the principle of abstaining from the use of power, Article XI of the Antarctic Treaty regulates the mechanisms that should operate in case of controversy, with which it seeks to maintain the principle that Antarctica is only for peaceful purposes and where harmony should prevail.

The Antarctic Treaty A. The International Geophysical Year tforia a worldwide event on the study of natural phenomenon, sponsored by the United Nations that took place between July 1, and December 31, Marks died of natural causes, but when the body arrived in New Zealand and was examined by a forensic doctor it was determined that Marks had a high dose of methanol in his system All of the stations, installations, and teams that can be found in the Antarctic territory.


Reprint, Madrid, Editorial Tecnos. Another protection mechanism of the Antarctic territory, so that no one carries out any type of activity contrary to the intentions of the Antarctic Treaty, concerns the appropriate efforts of the states, such as that established in Article X of the Antarctic Treaty. We consider that with the Antarctic Treaty a constant and uniform practice has been progressively created with regard to the peaceful usage of the Antarctic territory without sovereignty, while, in turn, creating respect for the freedom of scientific investigation.

A series of resolutions can show the gradual evolution of the opinio juris necessary for establishing a new rule” Kennan registered it in his celebrated “long telegram” and in the Foreign Affairs article titled: This protocol establishes that Antarctica is a “natural reserve dedicated to peace and science” and explicitly prohibits whatever teorai of activity related to Antarctic mineral resources.

If the number of states parties grows, the system would have more legitimacy and strength in the case of attacks on the guiding principles of the Antarctic System, independent of the fact that until now estaado the Antarctic protection mechanisms expressed in the Antarctic Treaty have been successful and that one can validly argue that it makes up an international custom with respect to the treaty to make its principles valid against third party states not party to the Antarctic Treaty.