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RS 0.121 Treaty of 1st December 1959 on Antarctica

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

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0.121

Original text

Antarctic Treaty

Conclu in Washington on 1 Er December 1959
Approved by the Federal Assembly on 22 June 1990 1
Instrument of accession deposited by Switzerland on 15 November 1990
Entered into force for Switzerland on 15 November 1990

(State on 6 March 2013)

The Governments of Argentina, Australia, Belgium, Chile, the French Republic, Japan, New Zealand, Norway, the South African Union, the Union of Soviet Socialist Republics, the United Kingdom Great Britain and Northern Ireland and the United States of America,

Recognizing that it is in the interest of mankind as a whole that the Antarctic is forever reserved for peaceful activities and does not become the theatre or the issue of international disputes;

Appreciating the extent of progress achieved by science through international cooperation in scientific research in the Antarctic;

Convaded that it is in accordance with the interests of science and the progress of mankind to establish a solid construction allowing to continue and develop this cooperation on the basis of the freedom of scientific research in Antarctica As practised during the International Geophysical Year;

Convented that a Treaty reserving the Antarctic only for peaceful activities and now in that region, international harmony, will serve the purposes and principles of the Charter of the United Nations 2 ;

Have agreed as follows:

Art. I

Only peaceful activities are permitted in the Antarctic. All measures of a military nature such as the establishment of bases, the construction of fortifications, the manoeuvres and the testing of weapons of all kinds are prohibited.

(2) This Treaty shall not preclude the use of military personnel or equipment for scientific research or for any other peaceful purpose.

Art. II

The freedom of scientific research in the Antarctic and cooperation for that purpose, as practised during the International Geophysical Year, shall continue in accordance with the provisions of this Treaty.

Art. III

1. In order to strengthen international cooperation in the field of 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)
Exchange of information on scientific programs in the Antarctic, in order to maximize the economy of the means and the performance of operations;
(b)
Exchanges of scientific personnel between expeditions and stations in this region;
(c)
The exchange of observations and scientific results obtained in the Antarctic that will be freely available.

2. In the application of these provisions, cooperation in working relations with the United Nations Special Institutions and other international organisations for which the Antarctic has a scientific interest or Will be encouraged by all means.

Art. IV

Nothing in this Treaty shall be construed as follows:

(a)
As constituting, on the part of any of the Contracting Parties, a renunciation of its rights of territorial sovereignty, or to territorial claims, previously affirmed by it in the Antarctic;
(b)
As a total or partial abandonment, on the part of any of the Contracting Parties, of a basis for claiming territorial sovereignty in the Antarctic, which may result from its own activities or from its nationals in Antarctica, or any other cause;
(c)
Infringement of the position of each Contracting Party in respect of the recognition or non-recognition by that Party, of the right of sovereignty, of a claim or of a claim for territorial sovereignty of Any other state in the Antarctic.

2. No act or activity during the term of this Treaty shall constitute a basis for asserting, supporting or contesting a claim for territorial sovereignty in the Antarctic, nor shall it create rights of Sovereignty in this region. No new claims, nor any extension of a claim of territorial sovereignty previously affirmed, shall be made during the term of this Treaty.

Art. V

1. Any nuclear explosion in the Antarctic is prohibited, as is the disposal in this region of radioactive waste.

2. In the event of international agreements, involving all the Contracting Parties whose representatives are entitled to participate in the meetings provided for in Art. IX, concerning 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 shall apply to the region south of 60 ° latitude South, including all glacial platforms; but nothing in this Treaty shall prejudice or impair in any way the Rights or the exercise of the rights granted to any State by international law in respect of the high seas in the region thus delimited.

Art. VII

1. In order to achieve the objectives of this Treaty and to ensure compliance with the provisions of this Treaty, each Contracting Party whose representatives are entitled to participate in the meetings referred to in Art. IX of this Treaty shall have the right to appoint observers to carry out any inspection provided for in this Article. These observers shall be selected from among the nationals of the Contracting Party who designates them. Their names shall be communicated to each of the other Contracting Parties entitled to appoint observers; the termination of their duties shall be the subject of a similar notification.

2. Observers designated in accordance with the provisions of s. 1 of this Article shall have complete freedom of access at any time to one or all of the regions of Antarctica.

3. All areas of the Antarctic, all stations and facilities, all equipment, and all ships and aircraft at points of landing and embarkation of cargo or personnel in the Antarctic, shall be accessible At any time during the inspection of all designated observers in accordance with the provisions of s. 1 of this Article.

4. Each Contracting Party entitled to designate observers may conduct an aerial inspection at any time of one or all of the Antarctic regions.

5. Each Contracting Party shall, at the time of entry into force of this Treaty in so far as it is concerned, inform the other Contracting Parties and subsequently give them prior notification:

(a)
All expeditions to and from the Antarctic, carried out with the assistance of its vessels or by its nationals, of all those that are to be organized in or out of its territory;
(b)
The existence of all stations occupied in the Antarctic by its nationals;
(c)
Of its intention to enter the Antarctic, in accordance with the provisions of par. 2 of Art. I of this Treaty, personnel or military equipment of any type.
Art. VIII

1. In order to facilitate the exercise of the functions conferred upon them by this Treaty and without prejudice to the respective positions taken by the Contracting Parties with regard to jurisdiction over all other persons in The Antarctic, designated observers in accordance with the provisions of s. 1 of Art. VII and scientific personnel subject to an exchange under para. 1 (b) of Art. III of the Treaty and the persons attached to them and accompanying them, shall have to answer only before the jurisdiction of the Contracting Party of which they are nationals, in respect of all acts or omissions during the stay They will carry out their duties in the Antarctic.

2. Without prejudice to the provisions of s. 1 of this Article and pending the adoption of the measures provided for in para. 1 (e) of Art. IX, the Contracting Parties to any dispute relating to the exercise of jurisdiction in the Antarctic shall consult immediately with a view to reaching an acceptable solution on both sides.

Art. IX

Representatives of the Contracting Parties referred to in the preamble to this Treaty shall meet in Canberra within two months of its entry into force and thereafter at appropriate intervals and places in order to exchange Information, consult on matters of common interest relating to the Antarctic, study, formulate and recommend to their Governments measures to ensure respect for the principles and the pursuit of the objectives of the present Treaty, including measures:

(a)
Relating to the use of Antarctica for exclusively peaceful purposes;
(b)
Facilitating scientific research in the Antarctic;
(c)
Facilitating international scientific cooperation in the region;
(d)
Facilitating the exercise of the inspection rights provided for in Art. VII of this Treaty;
(e)
Relating to questions concerning the exercise of jurisdiction in the Antarctic;
(f)
Concerning the protection and conservation of fauna and flora in the Antarctic.

(2) Any Contracting Party having acceded to this Treaty in accordance with the provisions of Art. XIII shall have the right to appoint representatives to participate in the meetings referred to in para. 1 of this Article, as long as it demonstrates the interest in the Antarctic by carrying out substantial scientific research activities such as the establishment of a station or the dispatch of an expedition.

3. Reports of the observers referred to in Art. VII of this Treaty shall be transmitted to the representatives of the Contracting Parties participating in the meetings referred to in par. 1 of this Article.

4. The measures provided for in par. 1 of this Article shall take effect upon their approval by all Contracting Parties whose representatives are entitled to participate in the meetings held for the consideration of such measures.

(5) Any or all of the rights established by this Treaty may be exercised upon entry into force, whether or not there has been, as provided for in this Article, consideration, proposal or approval of measures facilitating the exercise of such Rights.

Art. X

Each Contracting Party undertakes to take appropriate measures, consistent with the Charter of the United Nations, in order to prevent anyone undertaking in the Antarctic any activity contrary to the principles or intentions of the Treaty.

Art. XI

1. In the event of a dispute between two or more of the Contracting Parties concerning the interpretation or application of this Treaty, these Contracting Parties shall consult with a view to settling this dispute by negotiation, investigation, Mediation, conciliation, arbitration, judicial settlement or any other peaceful means of their choice.

2. Any such dispute which has not been so settled shall be brought, with the consent in each case of all the parties concerned, before the International Court of Justice for settlement; however, the failure to reach a Agreement on such a remedy will in no way cost the parties involved in the obligation to continue to seek the resolution of the dispute by all the peaceful means referred to in para. 1 of this Article.

Art. XII
1.
(a) This Treaty may be amended or amended at any time by unanimous agreement between the Contracting Parties whose representatives are entitled to participate in meetings provided for in Art. IX. Such amendment or amendment shall enter into force when the depositary Government has received from all these Contracting Parties notice of their ratification.
(b)
Thereafter, such amendment or amendment shall enter into force in respect of any other Contracting Party when a notice of ratification from that Contracting Party has been received by the depositary Government. Each of those Contracting Parties whose notice of ratification has not been received within two years of the entry into force of the amendment or amendment in accordance with the provisions of para. 1 (a) of this Article shall be deemed to have ceased to be a party to this Treaty upon the expiration of that period.
2.
(a) If at the end of a period of thirty years from the date of entry into force of this Treaty, one of the Contracting Parties whose representatives are entitled to participate in meetings provided for in Art. IX, in fact the request by a communication addressed to the depositary Government, a Conference of all Contracting Parties shall be convened as soon as possible, with a view to reviewing the functioning of the Treaty.
(b)
Any amendment or amendment to this Treaty, approved at such a Conference by the majority of the Contracting Parties represented therein, including the majority of the Contracting Parties whose representatives are To participate in meetings provided for in Art. IX, shall be communicated to all Contracting Parties by the depositary Government at the end of the Conference, and shall enter into force in accordance with the provisions of s. 1 of this Article.
(c)
If such amendment or amendment has not entered into force, in accordance with the provisions of para. 1 (a) of this Article, within two years from the date on which all Contracting Parties have received notice thereof, any Contracting Party may, at any time after the expiration of that period, notify the Government Depositary that it ceases to be a party to this Treaty; this withdrawal shall take effect two years after the receipt of that notification by the depositary Government.
Art. XIII

(1) This Treaty shall be subject to ratification by the signatory States. It shall remain open for accession by any Member State of the United Nations, or any other State which may 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 or accession to this Treaty shall be effected by each State in accordance with its constitutional procedure.

The instruments of ratification and instruments of accession shall be deposited with the Government of the United States of America, which shall be the depositary Government.

The depositary Government shall notify all signatory and acceding States of the date of deposit of each instrument of ratification or accession, as well as of the date of entry into force of the Treaty and of any amendment or amendment thereto Would be brought.

5. When all the signatory States have deposited their instruments of ratification, this Treaty shall enter into force for those States and for those States which have deposited their instruments of accession. Thereafter, the Treaty will enter into force, for any acceding State, on the date of the deposit of its instrument of accession.

(6) This Treaty shall be registered by the depositary Government in accordance with the provisions of Art. 102 of the United Nations Charter.

Art. XIV Scope of application on 6 March 2013

This Treaty, drawn up in the English, French, Russian and Spanish languages, each version being equally authentic, shall be deposited in the archives of the Government of the United States of America which shall transmit certified copies to the Governments of signatory or acceding States.

In Faith Of Which, the undersigned Plenipotentiaries, duly authorised, have signed this Treaty.

Done at Washington, the first of December one thousand nine hundred and fifty-nine.

(Suivent signatures)

Scope of application on 6 March 2013 3

States Parties

Ratification Accession (A) Declaration of succession (S)

Entry into force

South Africa A

21 June

1960

23 June

1961

Germany A

5 February

1979 A

5 February

1979

Argentina A

23 June

1961

23 June

1961

Australia A

23 June

1961

23 June

1961

Austria

August 25

1987 A

August 25

1987

Belarus

27 December

2006 A

27 December

2006

Belgium A

26 July

1960

23 June

1961

Brazil A

May 16

1975 A

May 16

1975

Bulgaria A

11 September

1978 A

11 September

1978

Canada

4 May

1988 A

4 May

1988

Chile A

23 June

1961

23 June

1961

China A

8 June

1983 A

8 June

1983

Colombia

31 January

1989 A

31 January

1989

Korea (North)

21 January

1987 A

21 January

1987

Korea (South) A

28 November

1986 A

28 November

1986

Cuba

August 16

1984 A

August 16

1984

Denmark

20 May

1965 A

20 May

1965

Ecuador A

September 15

1987 A

September 15

1987

Spain A

March 31

1982 A

March 31

1982

Estonia

17 May

2001 A

17 May

2001

United States A

August 18

1960

23 June

1961

Finland A

5 May

1984 A

5 May

1984

France A

16 September

1960

23 June

1961

Greece

8 January

1987 A

8 January

1987

Guatemala

July 31

1991 A

July 31

1991

Hungary

27 January

1984 A

27 January

1984

India A

19 August

1983 A

19 August

1983

Italy A

18 March

1981 A

18 March

1981

Japan A

August 4

1960

23 June

1961

Malaysia

October 31

2011 A

October 31

2011

Monaco

May 31

2008 A

May 31

2008

Norway A

August 24

1960

23 June

1961

New Zealand A

1 Er November

1960

23 June

1961

Pakistan

1 Er March

2012 A

1 Er March

2012

Papua New Guinea

March 16

1981 S

March 16

1981

Netherlands A

30 March

1967 A

30 March

1967

Aruba

1 Er January

1986

1 Er January

1986

Curaçao

30 March

1967

30 March

1967

Caribbean (Bonaire, Sint Eustatius and Saba)

30 March

1967

30 March

1967

Sint Maarten

30 March

1967

30 March

1967

Peru A

10 April

1981 A

10 April

1981

Poland A

8 June

1961 A

23 June

1961

Portugal

29 January

2010 A

29 October

2010

Czech Republic

September 15

1993 S

1 Er January

1993

Romania

September 15

1971 A

September 15

1971

United Kingdom A

May 31

1960

23 June

1961

Russia A

2 November

1960

23 June

1961

Slovakia

September 15

1993 S

1 Er January

1993

Sweden A

24 April

1984 A

24 April

1984

Switzerland

15 November

1990 A

15 November

1990

Turkey

24 January

1996 A

24 January

1996

Ukraine

28 October

1992 A

28 October

1992

Uruguay A

11 January

1980 A

11 January

1980

Venezuela

24 March

1999 A

24 March

1999

A

Advisory member according to Art. IX, para. 2


RO 1990 1925, 1991 87; FF 1989 III 293


1 RO 1990 1924
2 RS 0.120
3 RO 2003 2399 , 2009 1295, 2013 821. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on March 6, 2013