Update Papers for the
Antarctic Treaty Secretariat
Bennett Vogt, Director
VarunBalsara, Assistant Director
Shreya Gupta, Assistant Director
Sneh Kewalramani, Assistant Director
Harvard Model United Nations India
August 12 - 15, 2016
2
Update Papers for the Antarctic Treaty Secretariat
Introduction
their basis in the historical expeditions undertaken
by the claimant states.
As the world develops, the Antarctic, which was
once considered a barren piece of land that has
International Waters and the Law of the
about 98% of the continent covered in miles of
Sea
ice, is now proving to be a land that is rich in
minerals, gas and oil. A greed and thirst for these
continues to grow in the wider world. The obvious International waters are bodies of water that are
outcome of this greed is countries enforcing outside a country’s territorial waters. According
claims to this territory.
to the UNCLOS (United Nations Convention on
the Law of the Sea which was created in 1982) each
In order to control a territory, in the past, one nation owns the natural resources on the land or
either needed to be an aboriginal inhabitant, a under the water, so long as it is 200 nautical miles
powerful occupying force or the first person to of their sovereign shores, or up to 300 nautical
discover the land. In Antarctica’s case, there are no miles of their continental shelf. This is referred
indigenous people or any occupying forces; thus to as an ‘Exclusive Economic Zone’ (EEZ). After
making it hard to argue any one particular nation 12 nautical miles any country can sail through
owns this piece of land.
it, but can’t draw oil or fish.6 However, what can
19th and 20th Century expeditions to the Antarctic be termed as ‘international waters’ isn’t always
were rampant. This led to different countries clear. Since the Antarctic is covered in ice, it is
claiming many islands and bays surrounding not possible to know what the continental shelf
Antarctica. The first was the United Kingdom, underneath it looks like, or what melting ice may
that laid claim to a significant portion of the cover. International waters on the whole are very
continent.1 This raised some concerns in the important for trade and communication, and are
international community and was followed by generally protected against unlawful activity. It is
France, Norway, Argentina, and Chile. Even Nazi worthwhile to note that the Sea Convention labels
Germany carved out their own territorial claims unclaimed deep-sea beds “the common heritage
7
in 1930.2 Following the end of World War II of mankind.” This effectively means that no body
Germany lost any claim to the island. Following owns it, yet everyone does.
this, the USA asserted its own claim to the the The 7 countries that claim the territory of the
dominion.3 Thus, the Antarctic treaty came into Antarctic and their justifications of why they claim
being to resolve this issue. It was drafted and the land and in some cases the sea surrounding it
signed by 12 countries, stating that Antarctica are as follows:
would be used for scientific and peaceful purposes
only.
Today, Argentina, Australia, Chile, France, New
Zealand, Norway and the United Kingdom have
territorial claims to parts of Antarctica, some of
which are overlapping.4 At this time, there are 15
established science bases around the continent
with scientists from 28 different nations. There
are more than 4,000 scientists that operate the
research stations in the summer months but this
number decreases to just over 1,000 during the
winter months. 5 The justification for claims find
United Kingdom
In 2007 the UK disclosed their claims to the
UN. Three sub-sea claims in the Atlantic: around
South Georgia and the Falkland Islands were
made. Moreover, Britain has already lodged a joint
claim at the UN - with France, Ireland and Spain
- for a large area of seabed in the Bay of Biscay.8
This would suggest that Britain was working to
extend sovereign territory into new areas. The
Harvard Model United Nations India 2016
3
claim is backed up on the basis of article 76 of the delicate compromise created by article 4 of the
UNCLOS.
Treaty and again forcing the issues of Antarctic
sovereignty into the spotlight. Russia, the United
The British Antarctic Territory, first claimed in States, Germany, Japan and the Netherlands
1908, forms a triangular wedge, with its apex at responded to Australia’s submission by re-stating
the south pole. It covers 666,000 sq miles and their position, which is that of non-recognition
has two permanently-manned scientific stations.9 of any sovereignty claims to Antarctica, including
This claim like most claims is controversial as it maritime ones. However, fears of an impending
depends on proximity to the British Antarctic sovereignty feud seemed somewhat rebuked by
Territory which overlaps rival land claims by Australia’s additional request for inaction on the
Chile and Argentina.
part of CLCS, amounting to a relatively mild
response from the international community.
Australia
Australia has been the most active claimant state
to assert rights in the ATA (Antarctic Treaty Area).
Australia’s formal assertion of an EEZ in 1994 was
accompanied by a disclaimer that they would not
exercise these exclusive rights otherwise granted
by UNCLOS vis-à-vis foreign entities. This was
met by protest from the international community
(most prominently the US), which preferred a
restrictive interpretation of article 4 to preclude
any new assertions of sovereignty.10
Argentina
Along with Australia, Argentina have submitted
a claim to the CLCS. Argentina in 2012 made
a claim to the Falkland islands as a part of the
country’s continental shelf. Previously, on 2 April
1982, Argentina invaded the Falkland Islands,
a remote UK colony in the South Atlantic. The
move led to a brief, but bitter war. Argentina’s
military junta hoped to restore its support at a
time of economic crisis, by reclaiming sovereignty
Australia happens to be one of the only countries of the islands. It said it had inherited them from
that has lodged a submission with the Commission Spain in the 1800s and they were close to South
12
on the Limits of the Continental Shelf (CLCS) America.
to claim an extended continental shelf (ECS) in Argentina had already made a first presentation
December 2005. This is the procedure required before the CLCS on April 2009, followed by
under UNCLOS articles 4, 76.8 and Annex 2, an oral support in August the same year. This
which place a 10 year deadline on applications is the case when the exterior border line of the
from the time of that State’s ratification or continental shelf of a country extends beyond the
accession to UNCLOS. In Australia’s case, this 200 miles and under provisions from the Law of
period expired on 16 November 2004. However the Sea those countries must present scientific data
it is debatable whether the time expiration would to a technical organisation created by CLCS.13
necessarily prevent a claimant State from later
submitting an ECS claim, if sovereignty claims are In this new display in 2012 Argentina made an
revived by article 4 as ‘new’ claims in the future.11 audio visual presentation with the relevant images
Australia asserts its claim to by complying with and cartography of all the coastal extension of the
article 4 of the UNCLOS.
“Argentine territory”, appealing to the Geographic
Information Systems, and thus “protecting
Australia’s appeal to maritime zones may have its continental shelf resources and reaffirming
complied with international legal obligations sovereignty over the Malvinas, South Georgia,
and probably in the long run maybe held as South Sandwich and Argentine Antarctica,”
‘legitimate’; however, Australia has assumed the added the ministry’s release.14
risk of diplomatic retaliation, of disturbing the
4
Update Papers for the Antarctic Treaty Secretariat
Argentina argues that as a coastal state “it
possesses and exercises sovereignty rights over
its continental shelf, the maritime space which
includes the sea bed and subsoil of the submarine
areas extending beyond its territorial waters and
along the natural prolongation of its territory up
to the exterior limit of its continental margin.”15
France
Chile contends that it possesses the oldest
sovereignty rights towards its claimed territory
in Antarctica. Chile bases its claim on four
main theories of sovereignty: historic right, first
discovery, effective occupation, and continuity
(sector theory); and secondary scientific theories.17
In fact the The uti posseditis principle suggests
that the Antarctic claims of Chile and Argentina
are legitimate as a matter of historic right.18
New Zealand
The uti posseditis principle effectively is:
In 2006, New Zealand notified the CLCS that it
was not submitting data for the continental shelf
around its Ross Dependency in Antarctica, but
that it reserved the right to do so in the future.25
In April 2006, New Zealand applied to the UN
Commission on the Limits of the Continental
Shelf to take over control of 1.7 million square
kilometres of seabed – outside the existing 200
nautical mile Exclusive Economic Zone – on
the continental shelf around the mainland and
its main islands.26 Control of the additional area
– more than six times the size of New Zealand
and stretching in some places 563km from shore
– will give NZ rights under the UN Convention
on the Law of the Sea (UNCLOS) to billions of
dollars worth of minerals and biological resources
on the seabed.27
Known as Adelie (Adelie Land), the French
claim in the Antarctic covers approximately
390,000 square kilometres and is the smallest
national claim to the continent. Situated 60o
South latitude Adelie Land bisects the Australian
sector and runs between meridians 136o East and
It is of utmost important to note that when 142 o East, dovetailing at the south pole. The
exterior border of the continental margin is French claim remained imprecise until 1 April
beyond the two hundred miles from the baseline, 1938, when a government decree set the claim’s
as is the case with Argentina, states acting on the geographical context.21 The French government
UN Law of the Sea must present scientific reports then formally made its national claim by decree
to support the extent of their claims.16
on 21 November 1942, placing the Adelie Land
as a district of the province of Tamatave under the
general of Madagascar.22
Chile
A general principle, which is logically connected
with the phenomenon of the obtaining of
independence, wherever it occurs. It’s obvious
purpose is to prevent the independence and
stability of new States being endangered by
fratricidal struggles provoked by the challenging
of frontiers following the withdrawal of the
administering power19
On Thursday, April 21st 2016 MercoPress reported
that Chile is also involved in studies to extend the
outer limit of its continental shelf beyond the 200
maritime miles. Chile’s foreign minister Heraldo
Muñoz was also quoted as denying the validity to
what was claimed regarding the outer limit of the
Argentine continental shelf, since it contradicts
the Law of the Sea.20
New Zealand’s claim to the Antarctic covers
455,000 square Kilometres.23 The legal
grounds for New Zealand’s claim are couched
in discoveries by British explorers particularly
those by Admiral James Ross in 1841 as well as
the expeditions carried out by Robert Scott and
Earnest Shackleton between 1901 and 1909.24
Harvard Model United Nations India 2016
5
Norway
the principles and objectives of the Treaty” (Article
IX). The ATCM adopt decisions and resolutions
Norway’s claim to the Antarctic is called Maud (which are not legally binding) and measures
Land. Norwegian activity in the southern polar (which are legally binding once they have been
regions began in 1892 with ship owner Lars approved by all the Consultative Parties).30
Christensen’s Jason expedition led by Captain
C. A. Larsen. In the years to come, Larsen’s At the 35th ATCM for example, held in Australia
name would become inextricably linked with in June 2012, the parties agreed on actions to
Norway’s exploration and whaling activities in ensure that tourism activities in Antarctica are
the Southern Ocean. From 1898 to 1900 another conducted safely and in a manner that protects
Norwegian, Carsten Borchgrevink, led the British the environment, and guidelines on the planning
Southern Cross Expedition, which was the first of safe and environmentally responsible yacht
to overwinter in Antarctica, at Cape Adare. The expeditions in Antarctic waters. A brief account
station buildings, prefabricated at Strømmen of the recent two year, meetings (ATCM) are
Trævarefabrik in Norway, are still standing, presented herewith:
making this is the only place in the world where
the first buildings erected on a continent remain Delegates are cautioned to look at these in detail,
intact. The station is maintained under the to make an appraisal of whether the ATCM has
auspices of the New Zealand Antarctic Heritage been successful in its endeavours or not.
Trust, in part with financial support from the
Norwegian government.28
ATCM 38 (2015)
On 27 November 2006, the Kingdom of Norway
submitted to the Commission on the Limits
of the Continental Shelf, in accordance with
Article 76, paragraph 8 of the United Nations
Convention on the Law of the Sea, information
on the limits of the continental shelf beyond 200
nautical miles from the baselines from which the
breadth of the territorial sea is measured for three
separate areas in the North East Atlantic and the
Arctic: the Loop Hole in the Barents Sea; the
Western Nansen Basin in the Arctic Ocean; and
the Banana Hole in the Norwegian Sea.29
At the meeting, the Legal and Institutional
Working Group (L&I WG) considered the report
of the Intercessional Contact Group (ICG) on the
comprehensive review of the existing requirements
for information exchange and the identification of
any additional requirements and the advice of the
Committee for Environmental Protection (CEP).
In addition, L&I WG requested the working
group addressing tourism and nongovernmental
activities for input on non-Party states whose
nationals are active in Antarctica. Moreover,
ATCM established an ICG on Education and
Outreach and the Scientific Committee on
Antarctic Research (SCAR) presented its horizon
Recent Updates on the Current Meetings
scan. (The 1st SCAR Antarctic and Southern
of the ATCM
Ocean Science Horizon Scan assembled the
world’s leading Antarctic scientists, policy makers,
The annual Antarctic Treaty consultative meetings leaders, and visionaries to identify the most
(ATCM) are the highest-level international forum important scientific questions that will or should
responsible for the protection and management be addressed by research in and from the southern
31
of the Antarctic region. They are for “exchanging Polar Regions over the next two decades).
information, consulting together on matters of
Further, L&I WG considered the report of the
common interest pertaining to Antarctica, and
Intercessional Contact Group on Cooperation
formulating and considering and recommending
in Antarctica. In the same year the ATCM
to their Governments measures in furtherance of
6
Update Papers for the Antarctic Treaty Secretariat
received advice from the CEP. The L&I WG
considered whether to resume negotiations on
liability in accordance with Decision 4 (2010)
and the ATCM considered recommendations
9-17. A Special Working Group on Competent
Authorities was held to discuss issues relating to
tourism and nongovernmental activities as well.
To add to that, Tourism Working Group (TWG)
considered further report material from the CEP.32
ATCM 39 (2016)
The WG1 (Working Group 1) discussed the
functioning of the Electronic Information
Exchange System (EIES), the information being
exchanged and consider the report of the ICG on
information exchange. It is also planned that the
ATCM gives support for new accessions to the
Protocol. In addition, the WG1 is considering the
report of the ICG on Education and Outreach.
The WG2 (Working Group 2) will further needs
to collate and compare strategic science priorities
with a view to identify cooperation opportunities
this year. Moreover, the ATCM is considering
issues raised in the CEP report at ATCM 38 and
receive advice from CEP that requires followup action. The ATCM in addition has to also
evaluate the progress made towards Annex VI
becoming effective in accordance with Article IX
of the Antarctic Treaty, and what action may be
necessary and appropriate to encourage parties to
approve Annex VI in a timely manner. The WG1
is considering advice of the CEP on its review
of the Environmental Impact Assessment (EIA)
Guidelines. WG2 needs to consider any advice
from CEP and/or COMNAP and SCAR on
UAVs. The WG2 needs to also consider any views
presented on air and maritime safety issues by
ICAO and IMO. It will also need to consider the
report of ICG on Working towards Developing a
Strategic Approach to Environmentally Managed
Tourism and nongovernmental Activities in
Antarctica.33
Impacts of Fishing and Tourism
Since the Antarctic’s oceans were first explored
by man, many aquatic species have approached
extinction due to commercial activities such
as hunting and fishing. Acts and commissions
such as the 1980 CCAMLR (Commission for
the Conservation of Antarctic Marine Living
Resources, entered into force in 1982) were
formed to protect and supervise the exploitation
of the Southern Ocean within a Convention Area,
which applies to the marine living resources living
there.34 Krill, an important part of the Antarctic
food web, was fished at about 500,000 tonnes
from 1981-1982. However, after the Soviet fleet
stopped operating for a while in the early 1990’s,
the Krill catch dropped drastically. Today, a little
more than 100,000 krill are caught annually,
making the complex ecosystem of which they are
the foundation more stable.
Patagonian toothfish and Antarctic toothfish are
two of the most in-demand fish in cosmopolitan
restaurants and markets. Sometimes also
known as “White-gold”, these fish are trawled
by licensed fisheries in the Southern Antarctic
Ocean but due to their demand they’ve now
caught attention of the illegal, unreported and
unregulated (IUU) fishing vessels.35 IUU fishing
is considered to be fishing that is conducted illegally
within the Convention Area or in a way that is against
the conservation measures put in place to control
and monitor catches.36 The event of IUU fishing
has raised concerns in the Convention Area and
are threatening to the ecosystem of the Southern
Ocean and CCAMLR’s administrations. This not
only affects the fish population, but hinders with
the entire food web, thus having negative impacts
of other species such as seals and sea-birds.
Fishing, tourism, pollution, and direct impact
on the environment due to infrastructure
construction are all hazardous to the continent.
Below the frozen sheets of Antarctica, lie more
than 20% of worldwide oil reserves and more
than 30% of the planet’s natural gas along with
Harvard Model United Nations India 2016
deposits of valuable metals such as gold and
platinum. Russia and China are both drastically
levelling up their habitation in Antarctica to
increase their influence on the last unclaimed part
of Antarctica.37 Russia has long term aims in this
regions. They’ve set up three satellite monitoring
systems, to compete with their American rivals as
the sole country to disapprove the formation of
the Antarctic sanctuary that would have protected
regions around the pole from fishing. China too
shares similar interests with Russia, and even
though the first Chinese Antarctic research base
was not up till 1985, the country’s plans to open
a fifth base are on schedule this year. The country
has also shown economic interests in the region
and the Chinese State Oceanic Administration
wants to carry out deep-sea mining (even though
the Antarctic Treaty bans mining).38
7
When tested, HBCD was present almost
everywhere; from dust and sediments to animal
tissues from penguins or sea-worms. Though no
one is yet sure on what the harmful effects may
be, the chemical has been shown to disrupt
thyroid hormones, which affect metabolism and
brain development.40
Until the 1900s, territorial claims and disputes
were restricted to the 6 habituated continents.
The Antarctic was unexplored and unaltered by
humans making it a potential spot for humans to
target due to its clean air, water and ice. These
factors of the continent are important to the
scientific industry to study changes in the Earth’s
environment but science and humans possess
potential to damage these very factors attracting
them, raising environmental concerns.
Tourists are another loophole in the environmental
safety and steadiness of the region. Tourism in
Antarctica started with sea travel in the 1960s,
air travel in the 1970s and sightseeing flights in
the 1990s. 1999-2000 alone witnessed more than
14,000 tourists, increasing to 2.5 times by 20092010, and dropping to 28,000 in 2015-2016. The
governance system of the Antarctic does not have
much idea about the trends on tourism in the next
2-3 decades but many agree that a comprehensive
and more sustainable plan needs to be set forth for
growth. The international code of safety for ships
operating in polar waters or Polar Code was an
international regime adopted by the International
Maritime Organization (IMO) in 2014. After
a number of ship accidents in 2011, the IMO
closed the waters south of 60 degrees latitude
to any ships propelled by cheap, dirty heavy
bunker fuel. As these ships release high amounts
of CFCs (chlorofluorocarbons), pollution of the
sea and snow occurs. Hence, only ships using light
fuel oils are allowed in the region.41 A new polar
Wastewater from research bases is yet another code, which includes mandatory requirements for
unconsidered, but potentially damaging element. ship design, crew training and search and rescue
The most recent culprit in wastewaters is a toxic protocols, is set to come into force in January
flame retardant called Hexabromocyclododecane, 2017.42 According to a cruise ship leader, the
or HBCD. It is commonly used in building crew members are required to maintain precise
materials, insulation and for research equipment. log-books of every notable event during each
The world’s scientific community has based
more than 50 research stations in the continent
to evaluate and monitor human impacts on the
environment and the ecosystems. However, the
people trying to protect Antarctica, can themselves
be a major harm to the delicate environment of
this region. One of the less considered impacts
of Antarctic research is the change in magnetic
fields caused by the communication and energy
production devices of the scientific stations and
their facilities. Previous studies have indicated
changes in magnetic fields can have an impact on
plants, animals and humans. For example, they
could affect blood flow, the activity of the pineal
gland (which regulates wake/sleep functions
and seasonal patterns) and the control of pain
in humans and animals.39 Although current
researches show that not much harm is being
caused, adverse effects may be experienced in the
long run as more technology is introduced to the
region.
8
Update Papers for the Antarctic Treaty Secretariat
Antarctic cruise: Has any animal been harmed
by human presence? Has the penguin population
declined? Which species of whale were sighted,
and how many of them? Are glaciers changing
or receding? Every detail is recorded in special
IAATO (International Association of Antarctic
Tour Operators) log-books.43
past few years. These declines are mostly due to
sea surface temperature and ice concentrations
being outside the average historical conditions,
a phenomenon known as novel climate.46 Areas
outside the WAP may soon experience novel
climates as well, resulting in penguin populations
dying out through the region, primarily due to
the harsh effects on the penguins’ nesting and
food sources. Rising temperatures have also
resulted in declines of the Antarctic silverfish and
the Antarctic krill, which are known to be a major
component of the penguins’ staple diets. The rise
of temperature aggravates precipitation forming
large puddles of melted snow, thus drowning
the penguin chicks. According to the National
Oceanic and Atmospheric Administrations,
carbon dioxide levels have hit 400 ppm (parts per
million), which is an all-time high of the region in
4 million years.47 Due to the unregulated release
of such greenhouse gases into the atmosphere, the
continent’s Totten Glacier, which roughly spans
as much as the area of Spain, will push up sea level
by about 2 meter in the next few centuries. (and
if the full thing were to melt, sea level would rise
by 3.9 meters).48
Pollution is a ubiquitous production of human
travel. In the past, if waste items were flammable
in Antarctica, they were burnt. If not, they were
either thrown into the sea or collected and left
aside. Many transport vehicles have broken
down and sunk along with all their contents
(biodegradable and non-biodegradable) into the
ocean. Marine litter, flotsam and debris from
fishing ships have posed threats to the regions’
oceans. Bits of fishing nets and lines maybe
thrown overboard, and even though they seem
harmless if not seen, they pose a threat to the
marine wildlife.44 The Protocol on Environmental
Protection to the Antarctic Treaty was signed in
Madrid on October 4, 1991 and entered into
force in 1998. It designates Antarctica as a “natural
reserve, devoted to peace and science” (Art. 2).
Article 3 of the Environment Protocol sets forth
basic principles applicable to human activities in
Antarctica and Article 7 prohibits all activities
Latest Scientific Discoveries
relating to Antarctic mineral resources, except for
scientific research. Until 2048 the Protocol can
only be modified by unanimous agreement of all As of 2016, Scientific researchers believe that
they have made a ground-breaking discovery that
Consultative Parties to the Antarctic Treaty.45
will allow them to gain access to the untapped
resources of the Antarctic.
Impacts of Climate Change
They are almost certain that they have found a
massive subglacial lake, extending to nearly 62
Species may sometimes benefit from temperatures miles, in proximity to existing research facilities.
change and/or increase, but excessive warming Only one such lake has been found till date, Lake
may hurt them. Adélie Penguins (currently Vostok. This very lake is connected to a newlyabout 3.7 million breeding pairs) have resided in discovered canyon, which is now believed to be
Antarctica for millions of years. Unlike Emperor the most expansive system of canyons worldwide.
penguins that breed in the ice-covered regions,
Adélie penguins breed along the coast in ice-free They are using state-of-the-art radar technology,
areas to keep dry their chicks and eggs. However, capable of penetrating the thick masses of ice, to
breeding colonies along the West Antarctic help confirm their discovery. If corroborated, the
Peninsula (WAP) have been declining over the scientists will have access to the untapped, isolated
Harvard Model United Nations India 2016
9
resources which will pave the path for numerous most important aspects of the ATS: sharing all
more discoveries.49
scientific information freely.
Biological Prospects and its Issues
Biological prospecting or bioprospecting is the
use of native organisms from a natural habitat in
commercial products ranging from pharmaceutical
/ medical technologies to cosmetics and personal
care.
There is also no legal basis upon which a state
grants bioprospecting rights (and any subsequent
patents or other intellectual property rights) in an
area of contested sovereignty.
Additionally, biological prospecting presents
no or negligible environmental risks because of
the sought for sample sizes are extremely small.
However, small populations of some organisms
could still be adversely affected by small scale
sampling for Antarctic ecosystems are extremely
fragile and recover slowing from disturbances.50
According to the United Nations University
- Institute of Advanced Studies (UNU-IAS)
Antarctic organisms could be used for a whole
range of products. For example, glycoprotein
may increase the tolerance of commercial plants
Recent Deaths in the Antarctic
to freezing, extend the shelf-life of frozen food,
improve cryosurgery or enhance the preservation
In January this year, Explorer Henry Worsley died
of transplant tissue.
of exhaustion and dehydration, just a few dozen
Biological prospecting in Antarctica is a miles short of completing his historic voyage
complex issue that encompasses scientific and across the ice of Antarctica.
commercial interests, environmental concerns,
ethics and equity, and considerations relating The 55-year-old adventurer had traversed 913
to international law and policy, including the miles of the continent alone and was just 30
adequacy of the Antarctic Treaty System (ATS) miles shy of completing Sir Ernest Shackleton’s
to fully be able to address bioprospecting and unfinished 1907 “Nimrod Expedition” across the
regulate it. Bioprospecting and scientific research coldest continent. After Worsley was airlifted,
can become intertwined making it difficult to doctors discovered that he was suffering from
peritonitis, in which the lining of the abdomen
regulate and control.
becomes infected.
One of the biggest controversies is whether
companies and governments should be able to With recent developments in technology,
profit from Antarctic species. Antarctica is set Antarctic explorers have the advantage of being
aside under the Environment Protocol to the able to access the latest safety equipment, GPS
Antarctic Treaty as a protected area dedicated devices, maps and radio communication devices.
to open science and environmental protection. Despite all these facilities, major issues, such as
Allowing a free-for-all on biological prospecting the frigid weather conditions still seem to persist.
is inconsistent with those values and would allow These extreme weather conditions were Worsley’s
some countries and companies with an unfair biggest adversary. Due to the temperature of
advantage to profit off of Antarctica’s fragile almost -40 degree Celsius, the physical strain on
ecosystem.
his body rose exponentially, leading to excessive
Furthermore, allowing a commercial biological sweating. The lost liquids could not be replaced
prospecting industry to develop without a effectively causing dehydration and exhaustion,
51
regulatory framework will undermine one of the thus becoming the main cause of his death.
10
Update Papers for the Antarctic Treaty Secretariat
This proves that despite meticulous planning 17 http://www.temple.edu/law/ticlj/ticlj22-1Tray.pdf
and accounting for the likelihood of inclement 18
http://scholarship.law.cornell.edu/cgi/viewcontent.
weather or poor conditions, to the route of the
cgi?article=3496&context=clr
journey, to the amount of food to be carried, to
energy an expenditure and all of the advanced 19 https://www.law.cornell.edu/wex/uti_possidetis_juris
technologies at hand, one could only partially
20
http://en.mercopress.com/2016/04/21/chile-downplaysbuffer against Antarctica’s frigid conditions.
argentina-s-continental-shelf-extension-which-includedfalklands-and-antarctic-territory
Endnotes
1
http://basementgeographer.com/who-claims-antarctica/
2
Ibid.
3
https://wikileaks.org/gifiles/attach/49/49783_.pdf
http://www.antarctica.gov.au/about-antarctica/people-inantarctica/who-owns-antarctica
4
http://zidbits.com/2011/07/which-country-ownsantarctica/
5
http://www.un.org/depts/los/convention_agreements/
texts/unclos/annex2.htm
6
http://journals.cambridge.org/action/displayAbstract?fro
mPage=online&aid=4843592
7
https://www.theguardian.com/news/2007/oct/17/
antarctica.sciencenews
8
9
Ibid.
http://www.austlii.edu.au/au/journals/
ANZMarLawJl/2006/11.html#FootnoteB46
10
11
Ibid.
http://news.bbc.co.uk/2/shared/spl/hi/
guides/457000/457033/html/
12
http://en.mercopress.com/2012/08/14/falklandsincluded-in-argentina-s-un-continental-shelf-committeepresentation
13
14
Ibid.
15
Ibid.
16
Ibid.
Joyner, Christopher C. Antarctica and the Law of the Sea.
Dordrecht: M. Nijhoff, 1992. Print. p.46
21
Crawford, James, and Donald Rothwell. The Law of
the Sea in the Asian Pacific Region: Developments and
Prospects. Dordrecht: M. Nijhoff, 1995. Print. p.112
22
Joyner, Christopher C. Antarctica and the Law of the Sea.
Dordrecht: M. Nijhoff, 1992. Print. p.46
23
24
Ibid.
researchbriefings.files.parliament.uk/documents/
SN05040/SN05040.pdf
25
http://www.stuff.co.nz/national/politics/42107/NZretains-option-to-make-a-claim-for-Antarctic-seabed
26
27
Ibid.
https://brage.bibsys.no/xmlui/bitstream/id/238587/
NorwayAntarctic.pdf
28
http://www.un.org/depts/los/clcs_new/submissions_files/
submission_nor.htm
29
researchbriefings.files.parliament.uk/documents/
SN05040/SN05040.pdf
30
31
http://www.scar.org/horizonscan
32
http://www.ats.aq/documents/recatt/Att586_e.pdf
33
Ibid.
“Overfishing - Discovering Antarctica.” Discovering
Antarctica. N.p., n.d. Web. 11 July 2016. <http://
discoveringantarctica.org.uk/challenges/sustainability/
overfishing/>.
34
https://www.ccamlr.org/en/compliance/illegalunreported-and-unregulated-iuu-fishing
35
Harvard Model United Nations India 2016
36
Ibid.
Bender, Jeremy. “Russia and China Are Drastically Scaling
up Their Presence in Antarctica.” Business Insider. Business
Insider, Inc, 05 Jan. 2016. Web. 17 July 2016. <http://www.
businessinsider.com/russia-china-scaling-up-antarcticpresence-2015-12>.
37
“China Seeks Russia’s Help in Mastering Arctic, Sets
Sights on Antarctic.” N.p., 9 Feb. 2016. Web. <https://
www.rt.com/news/331837-china-antarctic-arctic-russia/>
www.theguardian.com/environment/2014/nov/21/polarcode-agreed-to-prevent-arctic-environmental-disasters>.
Carol, Max. “Climate Change Could Reduce Adélie
Penguin Populations.” Tree Hugger. N.p., 4 July 2016. Web.
<http://www.treehugger.com/climate-change/climatechange-could-reduce-adelie-penguin-populations.html>.
46
Vongkiatkajorn, Kanyakrit. “Antarctica’s CO2 Levels
Are Now the Highest in 4 Million Years.” Mother Jones.
N.p., 17 June 2016. Web. 11 July 2016. <http://www.
motherjones.com/environment/2016/06/antarctica-co2400-ppm- first-time- 4-million-years>
38
47
Research Stations in Antarctica Could Be Affecting
Magnetic Fields.” Research Stations in Antarctica Could
Be Affecting Magnetic Fields (n.d.): n. pag. 30 Nov. 2012.
Web. 16 July 2016. <http://ec.europa.eu/environment/
integration/research/newsalert/pdf/308na2_en.pdf>.
48
39
“Antarctic Research Bases Spew Toxic Wastes Into
Environment.” Antarctic Research Bases Spew Toxic
Wastes Into Environment. Jennifer S. Holland, 4 Mar.
2014.
Web.
<http://news.nationalgeographic.com/
news/2014/03/140304-antarctica-research-toxic-adeliepenguins-mcmurdo-station-science/>.
40
Marek and Weniger. “Madrid Protocol 1991.” ATS Environmental Protocol. N.p., n.d. Web. <http://www.ats.
aq/e/ep.htm>.
41
Marek, Michael, and Sven Weniger. “Is Tourism Putting
Antarctic Ecosystems at Risk? | Environment | DW.COM
| 30.03.2016.” DW.COM. N.p., 30 Mar. 2016. Web. 11
July 2016. <http://www.dw.com/en/is-tourism-puttingantarctic-ecosystems-at-risk/a-19061660>.
42
Andrews, Robin. “Colossal East Antarctic Glacier
Retreating Back To Point Of No Return.” IFLScience. N.p.,
27 May 2016. Web. 11 July 2016. <http://www.iflscience.
com/environment/colossal-east-antarctic-glacier-retreatingback-point-no-return/>.
Patricia-ramirez. “Antarctica: Massive Subglacial Lake
Found That Could Contain Species Isolated For Millions
Of Years.” The Inquisitr News. N.p., 26 Apr. 2016. Web. 9
July 2016. <http://www.inquisitr.com/3036275/antarcticamassive-subglacial-lake-found-that-could-contain-speciesisolated-for-millions-of-years/>.
49
“Biological Prospecting - Antarctic and Southern
Ocean Coalition.” Biological Prospecting - Antarctic and
Southern Ocean Coalition. Antarctic and Southern Ocean
Coalition, n.d. Web. 14 July 2016. <http://www.asoc.org/
advocacy/antarctic-environmental-protection/biologicalprospecting#sthash.h0Qb0uES.dpuf>.
50
“Explorer’s
Death
Highlights
Dangers
of
Antarctica.” LiveScience. TechMedia Network, 26 Jan.
2016. Web. 19 July 2016. <http://www.livescience.
com/53481-why-antarctic-is-so-dangerous.html>.
51
Marek and Weniger. “Madrid Protocol 1991.” ATS Environmental Protocol. N.p., n.d. Web. <http://www.ats.
aq/e/ep.htm>.
43
“Human Impacts on Antarctica and Threats to the
Environment - Pollution.” Pollution in Antarctica, Human
Impacts on Antarctica and Threats to the Environment.
N.p., n.d. Web. 16 July 2016. <http://www.coolantarctica.
com/Antarctica%20fact%20file/science/threats_pollution.
php>.
44
Mathiesen, Karl. “Polar Code Agreed to Prevent Arctic
Environmental Disasters.” The Guardian. Guardian News
and Media, 21 Nov. 2014. Web. 11 July 2016. <https://
45
11