Rs 0.121 1 St December 1959 On The Antarctic Treaty

Original Language Title: RS 0.121 Traité du 1er décembre 1959 sur l’Antarctique

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0.121 original Treaty on Antarctica determined in Washington on 1 December 1959 approved by the Federal Assembly on June 22, 1990, Instrument of accession deposited by the Switzerland on 15 November 1990, entered into force for the Switzerland on 15 November 1990 (6 March 2013 State) Governments of the Argentina, of the Australia, of the Belgium, of the Chile, of the French Republic of the Japan, of the New Zealand, of the Norway, of the Union of South Africa, the Soviet Union of Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, grateful that it is in the interest of all mankind that Antarctica is forever reserved for peaceful activities only and does become neither the theatre nor the issue of international disputes;
Appreciating the extent of the progress made by science through international cooperation in scientific research in Antarctica;
Convinced that it is in line with the interests of science and the progress of humanity to establish a solid construction to continue and develop this cooperation on the basis of the freedom of scientific research in Antarctica as it has been practised during the International Geophysical year.
Convinced that a treaty reserving Antarctica for peaceful activities only and now this area of international harmony, will serve as the intent and principles of the Charter of the United Nations;
Agreed to the following: art. I 1. Only peaceful activities are allowed in the Antarctic. Are prohibited, among other things, all military measures such as the establishment of databases, the construction of fortifications, maneuvers, as well as the testing of weapons of all kinds.
2. the present Treaty is not opposed to employment of staff or military equipment for scientific research or for any other peaceful purpose.

Art. II freedom of scientific research in Antarctica and cooperation for this purpose, as they were performed during the International Geophysical Year, will continue in accordance with the provisions of this Treaty.

Art. III 1. To strengthen international cooperation in scientific research, in the Antarctic as provided for in art. II of this Treaty, the Contracting Parties agree to proceed, to the extent possible: (a) to exchange information on scientific programs in Antarctica, in order to ensure maximum economy of means and performance of operations; (b) to exchange of scientific personnel between expeditions and stations in this region; (c) the exchange of observations and the scientific results obtained in Antarctica which will be made freely available.

2. in the application of these provisions, cooperation in the working relationship with the specialized Institutions of the United Nations and other international organizations for which Antarctica offers a scientific or technical interest will be encouraged by all means.

Art. IV 1. No provision of this Treaty may be interpreted: (a) as grantor, on the part of any of the Contracting Parties, a waiver of its rights of territorial sovereignty, or the claims previously asserted by her in the Antarctic; (b) as a whole or in part, on the part of any of the Contracting Parties, a basis of claim of sovereignty in the Antarctic, which could result from its own activities or those of its nationals in the Antarctic , or to any other cause; (c) as undermining the position of each Contracting Party regarding the recognition or non-recognition by this part, the right of sovereignty, a claim or a claim of sovereignty of any other State base in Antarctica.

2. no act or activity involved for the duration of this Treaty is a base from which to argue, support or challenge a claim to territorial sovereignty in Antarctica, or will not create any rights of sovereignty in this area. No new claim, or any extension of a previously established territorial sovereignty claim, must be provided for the duration of this Treaty.

Art. V 1. Any nuclear explosion in the Antarctic is prohibited, as well as eliminating the area of radioactive waste.
2. in case would be concluded international agreements, in which participate all the Contracting Parties whose representatives are entitled to participate in the meetings provided for in art. IX, regarding the use of nuclear energy, including nuclear explosions and the disposal of radioactive waste the rules established by such agreements will be applied in the Antarctic.

Art. VI the provisions of this Treaty apply to the region located south of the 60 ° degree of South latitude, including all ice platforms; but nothing in this Treaty shall affect damage or wear in any way the rights or the exercise of the rights granted to all State by international law in what respect areas of high seas in the region as well.

Art. VII 1. The objectives of this Treaty and to enforce the provisions, each of the Contracting Parties whose representatives are entitled to participate in the meetings referred to in art. IX of the Treaty, has the right to designate observers to carry out any inspection provided for in this Article. These observers will be selected among the nationals of the Contracting Party which designates them. Their names will be given to each of the other Contracting Parties empowered to designate observers; the cessation of their functions will be a similar notification.
2. observers designated in accordance with the provisions of the by. 1 of the present Article will have complete freedom of access at any time to any or all areas of Antarctica.
3. all areas of Antarctica, all the stations and facilities, all material therein, as well as all ships and aircraft at points of disembarkation and embarkation of cargo or personnel in Antarctica, will be accessible at all times to the inspection of all observers designated in accordance with the provisions of the by. 1 of this Article.
4. each of Contracting Parties entitled to designate observers can at any time perform aerial inspection of one or all areas of Antarctica.
5. each of the Contracting Parties must, at the time of the entry into force of this Treaty in respect to, inform the other Contracting Parties and subsequently give them prior notice: (a) of all shipments heading to Antarctica or is moving, made using its ships or by its nationals, of all those who will be organized on its territory or who leave; (b) the existence of all stations in Antarctica by its nationals;) (c) of its intention to penetrate the Antarctic, in accordance with the provisions of the by. 2 of art. I of the present Treaty, the staff or the military assets whatever they are.

Art. VIII 1. In order to facilitate the exercise of the functions assigned by this Treaty, and without prejudice to the respective positions of the Contracting Parties with regard to the jurisdiction over all others in Antarctica, observers designated in accordance with the provisions of the by. 1 of art. VII and scientific personnel subject to Exchange according to para. 1 (b) of art. III of the Treaty, so that people who are attached to them and accompany them, won't have to answer to the jurisdiction of the Contracting Party of which they are nationals, in which concerns all acts or omissions during the stay they will perform in Antarctica to fill out their functions.
2. without prejudice to the provisions of the by. 1 of this Article and pending the adoption of the measures provided for in para. 1 (e) of art. IX, the Contracting Parties are parties to any dispute relating to the exercise of jurisdiction in Antarctica shall immediately consult to achieve an acceptable solution in hand and on the other.

Art. IX 1. The representatives of the Contracting Parties which are referred to in the preamble to this Treaty will meet in Canberra in the two months following its entry into force and, subsequently, at intervals and in appropriate places, to exchange information, to consult on matters of common interest concerning Antarctica, study, formulate and recommend to their Governments measures to ensure respect for the principles and the pursuit of the objectives of this Treaty , and including measures: (a) relating to the use of Antarctica for purposes exclusively peaceful; (b) facilitating scientific research in Antarctica; (c) facilitating international scientific co-operation in this region; (d) facilitating the exercise of the rights of inspection provided for in art. VII of this Treaty; (e) relating to questions concerning the exercise of jurisdiction in Antarctica; (f) relating to the protection and conservation of wildlife and flora in the Antarctic.


2 any Contracting Party which has acceded to this Treaty in accordance with the provisions of art. XIII has the right to appoint representatives who will participate in the meetings to the by. 1 of this Article, as long as it shows the her interest to the Antarctic in leading to the substantial scientific research activities such as the establishment of a station or sending an expedition.
3. the reports of the observers referred to in art. VII of this Treaty will be transmitted to the representatives of the Contracting Parties participating in the meetings to the by. 1 of this Article.
4. the measures to the by. 1 of this Article will take effect upon approval by all of the Contracting Parties whose representatives were entitled to participate in meetings for the consideration of such measures.
5. a any or all the rights established by the present Treaty may be exercised upon its entry into force, that there has been or not, as provided for in this Article, review, or approval of measures facilitating the exercise of these rights.

Art. X each of the Contracting Parties undertakes to take steps appropriate, consistent with the Charter of the United Nations, to prevent that person undertake in the Antarctic any activity contrary to the principles or the intentions of the present Treaty.

Art. XI 1. Any dispute between two or more Contracting Parties concerning the interpretation or application of this Treaty, the Contracting Parties will consult with a view to resolving this dispute by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement or other peaceful means of their choice.
2. any dispute of this nature which cannot be so resolved, shall be worn with the consent in each case of all the parties involved before the International Court of Justice for settlement; However the failure to reach agreement on such an appeal will not provide the parties concerned of the obligation to continue to seek the solution of the dispute by all means of peaceful settlement mentioned in the by. 1 of this Article.

Art. XII 1. (a) this Treaty may be modified or amended at any time by unanimous agreement between the Contracting Parties whose representatives are entitled to participate in the meetings provided for in art. IX. an amendment or an amendment comes into force when the Depositary Government has received from all these Contracting Parties notice of their ratification. (b) then such a change or an amendment will enter into force for any other Contracting Party when notice of ratification of it has been received by the Depositary Government. Each of these Contracting Parties including the notice of ratification has not been received within two years of the entry into force of the amendment or the amendment in accordance with the provisions of para. 1 (a) of this Article, be considered as having ceased to be a party to this Treaty at the end of this delai.2. (a) if at the expiration of a period of thirty years from the date of the entry into force of the present Treaty, one of the Contracting Parties whose representatives are entitled to participate in the meetings provided for in art. IX, in fact demand by a communication addressed to the Depositary Government, a Conference of all the Contracting Parties will be reunited as soon as possible, to review the operation of the Treaty. (b) any amendment or any amendment to this Treaty, approved during such a Conference by a majority of the Contracting Parties which will be represented, including the majority of the Contracting Parties whose representatives are entitled to participate in the meetings provided for in art. IX, will be communicated to all the Contracting Parties by the Government repository at the end of the Conference, and will enter into force in accordance with the provisions of the by. 1 of this Article. (c) if such a modification or an amendment is not entered in accordance with the provisions of para. 1 (a) of this Article, within a period of two years from the date on which all the Contracting Parties will have received communication, any Contracting Party may, at any time after the expiry of this period, notify the Depositary Government it ceases to be a party to this Treaty; This withdrawal is to take effect two years after the receipt of such notification by the Depositary Government.

Art. XIII 1. This Treaty will be submitted to ratification by the signatory States. It will remain open to accession by any State member of the United Nations, or of any other State that could be invited to accede to the Treaty with the consent of all the Contracting Parties whose representatives are entitled to participate in the meetings referred to in art. IX of the Treaty.
2. the ratification of the present Treaty or accession to it will be made by each State in accordance with its constitutional procedure.
3. the instruments of ratification and instruments of accession shall be deposited with the Government of the United States of America, who will be the Depositary Government.
4. the Depositary Government will notify all signatory States and acceding to the date of deposit of each instrument of ratification or accession as from the date of entry into force of the Treaty and any amendment or any amendment that there would be brought.
5. when all signatory States have deposited their instruments of ratification, this Treaty shall enter into force for those States and those States which have deposited their instruments of accession. Subsequently, the Treaty will enter into force for any acceding State on the date of the deposit of its instrument of accession.
6. the present Treaty will be registered by the depositary in accordance with the provisions of art Government. 102 of the Charter of the United Nations.

Art. XIV scope 6 March 2013 this Treaty, drafted in English, French, Russian and Spanish languages, each version being equally authentic, will be deposited in the archives of the Government of United States of America, who to forward certified copies in line with the Governments of the States signatories and acceding.
In cold what, the undersigned plenipotentiaries, duly authorized, have signed the present Treaty.
Done in Washington, the first of December one thousand nine hundred and fifty-nine.
(Follow signatures)

Scope 6 March 2013 States parties Ratification, accession (A) Declaration of estate (S) entry into force June 21, 1960 South Africa 23 June 1961 Germany February 5, 1979 has 5 February 1979 Argentina June 23, 1961 June 23, 1961 Australia June 23, 1961 June 23, 1961 Austria 25 August 1987 25 August 1987 27 December 2006 Belarus has 27 December 2006 Belgium July 26, 1960 Brazil 16 May 1975 A 16 May 1975 23 June 1961

Bulgaria September 11, 1978 September 11, 1978 Canada 4 May 1988 was 4 May 1988 Chile June 23, 1961 June 23, 1961 China June 8, 1983 8 June 1983 Colombia 31 January 1989 has January 31, 1989 (North) Korea 21 January 1987 A January 21, 1987 (South) Korea 28 November 1986 A 28 November 1986 Cuba 16 August 1984 A August 16, 1984 Denmark 20 May 1965 A may 20, 1965 Ecuador 15 September 1987 A 15 September

1987 Spain 31 March 1982 31 March 1982 Estonia 17 May 2001 was May 17, 2001 United States 18 August 1960 23 June 1961 Finland 5 May 1984 was may 5, 1984 France September 16, 1960 23 June 1961 Greece 8 January 1987 8 January 1987 Guatemala July 31, 1991 was 31 July 1991 Hungary 27 January 1984 has 27 January 1984 India 19 August 1983 August 19, 1983 Italy 18 March 1981 has 18 March 1981 Japan

August 4, 1960 23 June 1961 Malaysia October 31, 2011 was October 31, 2011 Monaco 31 May 2008 to 31 May 2008 Norway 24 August 1960 June 23, 1961 New Zealand 1 November 1960 June 23, 1961 Pakistan March 1, 2012 has 1 March 2012 Papua New Guinea 16 March 1981 of March 16, 1981 Netherlands March 30, 1967 to March 30, 1967 Aruba January 1, 1986 January 1, 1986 Curaçao 30 March 1967 30 March 1967 part Caribbean (Bonaire (, Sint Eustatius and Saba) 30 March 1967 30 March 1967 Sint Maarten 30 March 1967 30 March 1967 Peru April 10, 1981 10 April 1981 Poland 8 June 1961 has 23 June 1961 Portugal 29 January 2010 29 October 2010 Czech Republic 15 September 1993 S January 1, 1993 Romania 15 September 1971 has 15 September 1971 United Kingdom 31 May 1960 June 23, 1961 Russia November 2, 1960 23 June 1961 Slovakia 15 September 1993 S 1 January

1993 Sweden 24 April 1984 April 24, 1984 Switzerland November 15, 1990 November 15, 1990 Turkey 24 January 1996 has 24 January 1996 Ukraine 28 October 1992 to 28 October 1992 Uruguay 11 January 1980 January 11, 1980 Venezuela March 24, 1999 was March 24, 1999 Advisory member according to art. IX, by. 2 RO 1990 1925, 1991 87; FF 1989 III 293 RO 1990 1924 0.120 2003 2399 RO RS, 2009 1295, 2013 821. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

State 6 March 2013

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