Forum: The General Assembly Fourth Committee

Issue: The Question of Territorial Claims

Student Officer: Shwe Pan Gyee

Introduction

Antarctica is the largest and the only uninhabited continent and in the world and is also deemed as a desert. Since the discovery of the continent, countries have been claiming parts of the continent by leading and financing expeditions to have their territorial claims. With the claim over the Antarctic territories, the nation-states that have made their claim have used the land for the expansion of their empire, military training, the testing of chemical weapons and scientific research on wildlife, astronomy, weather, and geology. Due to the benefits that come along with having the claim over the Antarctic territories, there is an increase in the expeditions that were sent out by countries to have their territorial claims in . This later led to disputes between nation-states regarding the fight for the Antarctic lands.

In the effort of eradicating the issue of disputes between the countries over the Antarctic territories, a treaty by the name of the Antarctic Treaty was established. This treaty is the result of 12 nation-states coming into the consensus of having Antarctica to be used only for peaceful practice and scientific research. It also does not acknowledge the past territorial claims and forbids new claims and the expansion of the pre-existing claims to have a form of the jurisdiction in Antarctica. The treaty also banned military training and the testing of weapons in the effort of having preservation of the Antarctic continent. To ensure that the natural reserves are being protected, The Antarctic Treaty's Environmental Protocol was put into place. Though the treaty is successful in establishing peaceful relations concerning the question of the Antarctic territorial claims, it does not fully answer the question of jurisdiction in Antarctica.

An increase in the number of parties under the treaty is seen as time progresses. With more nation-states acting as the Consultative Parties in Antarctica, more human activity in the continent is consequently present. Human activity in Antarctica poses the risk of causing harm and damage to Antarctica, ultimately worsening the status of global warming and climate change, especially when taking into the concern of the hole in the ozone layer above Antarctica.

Definition of Key Terms Antarctica

Antarctica is the largest continent in the entire world that does not have a native human inhabitation. With the Australian continent being half the size of Antarctica, Antarctica is ranked the fifth-largest continent in the world with 5,500,000 square miles. Located in the , it is the biggest holder of freshwater as it contains 80% of the freshwater reserves of the world. With the Antarctic ice averaging at around the thickness of 1.9 km, they cover around 98% of the continent. Though the continent is now under the government of the parties of the Antarctic Treaty, it holds the record of being the last region that was discovered on Earth up to this date.

Territorial Claim

A territorial claim is the assertion of ownership over a specific territory or district as 'territory' is a specific district and 'claiming' is the act of asserting ownership over something as one's possession. Throughout history, nations and countries alike have taken ownership over different areas of land to expand their empire or nation. This is considered as a territorial claim. Territorial claims typically lead to territorial disputes where nations fight over a specific piece of land which could result in non-peaceful events such as war.

Jurisdiction

Jurisdiction is the power to make constitutionally legal decisions of which the legal authority of an institution extends to. A person or a group of whom have jurisdiction has the administration and responsibility to have justice in their perspective fields that they have jurisdiction over. An example would be the three different areas of jurisdictions in the United States of America of which are local level, state level, and the federal level. For one, the jurisdiction to implement and make changes to the federal law is present in the court.

Sovereignty

A self-governing nation-state which is typically referred to as a country where the nation- state itself is its central authority is considered to be sovereign. A country of whom is sovereign is considered to have sovereignty. Sovereignty can also be defined as independence as a sovereign state has control and authority over itself and is not under the control of another nation, country or state. Though 'sovereignty' is also considered as a royal position or rank, mostly concerning royalty, in the case of this issue of the Antarctic territorial claims, the usage of sovereignty refers to independence and central authority. The Atlantic Treaty

The Atlantic Treaty is a treaty signed on December 1, 1959 "in the interest of all mankind that Antarctica shall continue forever to be used exclusively for peaceful purposes and shall not become the scene or object of international discord."1 The 12 parties that originally signed it are , Australia, Belgium, , France, Japan, New Zealand, Norway, South Africa, the Soviet Union otherwise known as Russia, the and the United States of America. Additional parties that have signed over time are Austria, Belarus, Brazil, Bulgaria, Canada, China, Colombia, Cuba, Czech Republic, Denmark, Ecuador, Estonia, Finland, Germany, Greece, Guatemala, Hungary, Iceland, India, Italy, Kazakhstan, Malaysia, Monaco, Mongolia, Netherlands, North Korea, Pakistan, Papua New Guinea, Peru, Poland, Portugal, Romania, Slovakia, Slovenia, South Korea, , Sweden, Switzerland, Turkey, Ukraine, Uruguay, and Venezuela.

The treaty aims to have regulation over the international relations that take place concerning the Antarctic continent to avoid any territorial disputes or conflicts between nations. The treaty ensures that only peaceful actions are to be taken place at the continent while also allowing scientific research to be conducted as long as no harm is being exposed to the wellbeing of the continent itself. To protect the natural landscape of Antarctica, the treaty also bans military training and weapons testing on the Antarctic grounds.

Signatory

A party, typically a nation-state or a constitution, that has signed to be part of an agreement. For the most part, the agreements come in the form of a document of which a signatory physically signs to. This means that the signatory will have to abide by the legislation of the signed treaty. Signatories are to politically support their signed treaties at all costs and must have the will to continuously have engagement with the treaty.

Party

A state that is bounded by a treaty and has to follow the rules and regulations of the treaty is known as a party of the treaty. To be a party, the state will have to give their consent to officially become a part of a treaty. The treaty will be enforced onto the parties that are a part of

1 The Antarctic Treaty 1 Dec 1959, https://sedac.ciesin.columbia.edu/entri/texts/acrc/at.txt.html. a treaty. However, a party does not sign the treaty to be under the binding of a treaty as the signing of a treaty will make them a signatory.

Whaling Stations

Whaling station is a term used to describe a dock where the processing of the carcasses of whales occurs. This action occurs after whale hunting, which is illegal and prohibited for the most part. In some cases, whaling stations are also the place where whale hunters live. An example of a whaling station is the Oasis Station which was later renamed A. B. Dobrowolski Station. This whaling station is located in Bunger Hills, Knox Coast but is now abandoned.

History

The Discovery of Antarctica

On January 27th of 1820, Antarctica was first discovered during a Russian Expedition. Led by Mikhail Lazarev and Fabian Gottlieb von Bellingshausen, the explorers sighted an iceberg which is later known as the Fimbul Ice Shelf at the Princess Martha Coast. A British expedition then follows three days later on January 30, 1820. Led by Edward Bransfield, the captain of the expedition, the was sighted. The main Antarctic land was not sighted until on November 17th of 1820 by Nathaniel Palmer, an American sealer. A year later, the first landing on Antarctica occurred as John Davis, an American captain, set his foot on the Antarctic land. Later on, during the early 20th century, the Heroic Age of Antarctic Exploration started with numbers of numerous expeditions that were set into a sail in with the attempt to reach the South Pole. These expeditions, however, resulted in a mass amount of death and injury of the explorers.

Territorial Claims

British Claims

In the South Atlantic territories, the United Kingdom asserted its sovereignty over the in 1883. The United Kingdom then later expanded its territorial claim in 1908 by also claiming the South Orkneys, South Georgia, Graham's Land, Sandwich Islands, South Shetlands and the south of the 50th parallel of south of the Antarctic continent. Though it was administered in the Falkland Islands Dependencies, it was later closed down as whale hunting by commercial operators were occurring in the official territories. The British later attempted to expand the British Empire onto the Antarctic continent by stating that the whole continent of Antarctica should be under the rule of the British Empire. To achieve the expansion of the empire over the entire continent, an Order in Council which is under the British Settlements Act 1887 was passed by the British government, which established the 's new borders. The was also claimed by the United Kingdom in 1930 and 1931, the Statute of Westminster was passed, resulting in the withdrawal of the United Kingdom's control over the New Zealand government and the Australian government.

Additional European Claims

As unilateral territorial claims over Antarctica were made by numerous nation- states, France had a territorial claim over a strip of the Antarctic continent in 1924. This claim was recognized by the British and the border between the Australian Antarctic Territory was officially established in 1938. With the British having control over the majority of Antarctica at the time, taxation was implemented at the whaling stations in the Antarctic continent by the British. This was a concern for the Norwegian whaling interests and therefore led to Norway having territorial claims in Antarctica by financing expeditions to discover more Antarctic land.

In 1938, The German Antarctic Expeditions were launched due to the conflict between Nazi Germany and Norway over Norway's territorial claims. Germany had territorial claims over the lands that were discovered during the German Antarctic Expedition. However, their claim of the Antarctic land was lost as Germany was defeated in World War II.

International Treaty

The first international treaty regarding the question of the Antarctic territorial claims was confirmed in 1961. The Antarctic Treaty originally consisted of 12 signatories and the number of parties under the treaty has expanded over time. The treaty aims to have scientific research in Antarctica while having the implementation of the peaceful protocol. Antarctica's natural well-being and preservation were then protected as the Protocol on Environmental Protection to the Antarctic Treaty which is now known as the Madrid Protocol was put into action.

Key Issues

Increasing Human Activity The Atlantic Treaty was signed to designate the regions of Antarctica for peace and science. This draws the attention of scientists from the signatories of the Atlantic Treaty to set up field camps dedicated to scientific projects. The increase in human activity in Antarctica threatens the wellbeing of the continent due to climate change and global warming which is the result of the emission of gases from human activities.

The increasing gas emissions result in the loss of sea and land-based ice alongside the increase in the warming of the sea. This is of great concern as Antarctica contains 70% of the freshwater in the world as it holds 80% of the freshwater reserves. Ocean acidification is another consequence of the excess carbon dioxide emissions which causes the mass loss of marine snails that play a vital role in the oceanic Carbon cycle. Due to the CFC and ozone depleters, a hole in the ozone layer above Antarctica has appeared over the last 30 years.

The undesirable consequences are predicted to increase in correlation to human activity in Antarctica. The Antarctic Treaty has expanded from originally containing only Argentina, Australia, Belgium, Chile, France, Japan, New Zealand, Norway, South Africa, United Kingdom, United States, and USSR to now having 52 signatories. If more countries are to take part in the Antarctic Treaty, it is expected to have an increase in human activity in Antarctica. Therefore, it is of great importance to ensure that effective measures are taken place when determining the administration and claim over the Antarctic territories to preserve Antarctica.

Caption #1: The map of Antarctic research stations and field camp locations

Consequences of Technological Advances

The improvement in technological advances has made Antarctica more accessible to humans. This has allowed areas of Antarctica which were originally deemed to be unreachable and unsurpassable to become available for human beings to have their presence at. Technological advances include helicopters and snowmobiles which makes the commute in Antarctica more efficient.

In addition to making Antarctica more accessible which threatens the wellbeing of some geographical locations of the continent, advancement in sophisticated drilling technology has also introduced a new threat. Though Antarctica’s 36 billion barrels worth of oil and gas under the ice and rock are not currently viable economically, the increasing desire and need for it from countries will drive their want for Antarctic territorial claims further. This will pose an increasing threat to the mineral reserves.

Consequences of Tourism

Though the increase in during the drawing of the Antarctic Treaty was not expected, steady growth in the number of tourists is seen over the past years. In 2017-18, a 17% increase in Antarctic visitors in comparison to the previous year was seen as there were 51,707 tourists during the 2 years. The increase is notably more eminent especially concerning that only 37,500 Antarctic tourists were present back in 2007. The consequences of tourism include exhaust emissions into the atmosphere, the environment’s disturbance due to commutes such as walking and driving of vehicles and wildlife disturbance.

Consequences of Biological Prospecting

Biological Prospecting is “the commercialization of knowledge gained from research with regard to bio-organisms.”2 Different extremophiles, organisms that live in extreme environments, Antarctica as their habitat and therefore, more studies are drawn to further explore and gain knowledge on those organisms. The gained knowledge can be used to have a financial benefit. This consequently increases human activity.

Consequences of IUU Fishing

2 “Challenges for the .” Vereniging Voor De Verenigde Naties, http:// www.vvn.be/wereldbeeld/challenges-antarctic-treaty-system/. IUU Fishing stands for "Illegal, unreported and unregulated fishing". Though this issue is not newfound and has been present in Antarctica for some time, there has been an increase in IUU Fishing in the last years. IUU Fishing is caused due to the difficulty of patrolling the Antarctic waters and is a consequence of demilitarization in Antarctica due to the Antarctic Treaty. While it is a threat to the ecosystem of Antarctica, it also causes the infringement to the Atlantic Treaty System due to its illegal actions that are prohibited.

Question of Jurisdiction

A long-posed question that still stands unresolved is the question of jurisdiction in Antarctica in terms of the Antarctic Treaty. Article IX.1(e) of the Atlantic Treaty proposes that questions regarding the Atlantic treaty have to be addressed periodically. Regarding that, United Kingdom requested a committee consisting of experts answer the question of the Antarctic jurisdiction back in 1962. Their proposal, however, was disregarded by the other parties of the treaty. This act of failing to take action to have confirmation of the jurisdiction led to having to face an obstacle where the French state could not prosecute the French tourists that destroyed a historic hut due to the lack of jurisdiction in the region by the French state. After this incident, the French also proposed to alleviate the dilemma of not having a set jurisdiction in the same manner that the United Kingdom did. However, the proposal has been put up on the agenda yet the question is still left unanswered.

Regards to Sovereignty

Sovereignty is used to describe a state that is self-governed and if its central authority and jurisdiction is the power to make legal judgments and decisions. One of the main reasons as to why the nations of the Antarctic Treaty are reluctant to bring up the topic of the jurisdiction legally and officially is due to jurisdiction and sovereignty going hand in hand. The uncertainty of the nations being sovereign or not will result in the uncertainty of which nation-states have jurisdiction over the Antarctic territories. Keeping that in mind, countries are not willing to answer the question of jurisdiction as they would first have to answer the question of sovereignty.

Major Parties Involved and Their Views

The Original 12 Signatories of The Atlantic Treaty

12 countries that were active during the International Geophysical Year (IGY) came together to sign the Antarctic Treaty in 1959. The International Geophysical Year (IGY) was the first multi-nation program of research that took place in Antarctica. The IGY led to the strands of peaceful cooperation with science between the 12 countries who are Argentina, Australia, Belgium, Chile, France, Japan, New Zealand, Norway, South Africa, the Soviet Union which is now Russia, United Kingdom and the United States of America. All of 12 signatories are in full support of the Antarctic Treaty as it aims to have a peaceful continent in support of the scientific research that is beneficial for the countries as they also received territorial claims in Antarctica. The 12 countries also hold the position of Consultative Parties that have the power to make legislative and judicial decisions concerning Antarctica, alongside having territorial claims over the Antarctic lands.

Caption #2: Map of Territorial Claims in Antarctica3

Argentina

Argentina has claimed over a sector of Antarctica known as Argentine Antarctica. It is part of its national territory which contains the and a sector in the shape of a triangle that extends towards the South Pole. The region of Argentine Antarctica is in overlap with the Chilean and British claims in the continent. However, the claims have been "suspended by the Antarctic Treaty System” 4. Argentina currently has

3 “Making Claims.” Discovering Antarctica, https://discoveringantarctica.org.uk/how-is-antarctica- governed/the-antarctic-treaty/making-claims/. 4“Argentine Antarctica.” Wikipedia, Wikimedia Foundation, 10 Dec. 2019, https:// en.wikipedia.org/wiki/Argentine_Antarctica. a total of 13 stations set up in the Antarctic which consists of 9 families and 16 children. However, Antarctica did face a threatening situation on May 4, 1955, as the United Kingdom filed a lawsuit questioning the country's sovereignty which risked the validity of the claims made in the Antarctic region by Argentina.

Australia

Being the largest area of land being claimed by a nation-state, the Australian Antarctic Territory which is under the Australian Antarctic Division was originally a claim made by the United Kingdom back in 1841 but was transferred to Australia in 1933. As the Article 4 of the Antarctic Treaty addresses the territorial claims in Antarctica, it gives no recognition to the territorial sovereignty in the continent. However, it does not retract the claims previously made by the nation-states. This resulted in Australia’s sovereignty in Antarctica being recognized only by New Zealand, the United Kingdom, France, and Norway.

Chile

Chile has claimed territory in the Antarctic continent by the name of the Chilean Antarctic Territory or Chilean Antarctica. This territory is in overlap with the territorial claims made by Argentina and the British which is the United Kingdom. "The Chilean Antarctica or Chilean Antarctic Territory is all lands, islands, islets, reefs, (pack- ice), and others, known and unknown, and respective territorial waters, existing within the limits of the cap constituted by the meridians 53° longitude west of Greenwich and 90° longitude west of Greenwich.”5 Chile's sovereignty is put into effect since it's not limited to the signed treaty of the Antarctic Treaty which prevents new claims in the continent alongside the expansion of pre-existing claims.

France

The claimed sector in Antarctica by France is known as the Adélie Land. The territory includes the lands starting from the coastline to the inland of the South Pole. France has had administration over one of the five districts of the French Southern and Antarctic Lands since 1955 and has been formally applied to the Antarctic Treaty System’s regulations in 1961. France’s territorial sovereignty in Antarctica is not prejudiced by the treaty.

5 “Chilean Antarctic Territory.” Wikipedia, Wikimedia Foundation, 12 Dec. 2019, https:// en.wikipedia.org/wiki/Chilean_Antarctic_Territory. Japan

In 1912, the Japan Army had a territorial claim in Antarctica known by Yamato

Yukihara (大和雪原) which includes the Ross Ice Shelf. However, as the claim was not taken into serious matter and consideration by the government of Japan, the claim is later annihilated. New Zealand now has a claim over this Antarctic territory. Though Japan is a signatory of the treaty, due to the unofficial claim that went into oblivion, there are currently no territorial claims made in Antarctica by Japan.

New Zealand

The discovery of the , most of the Ross Ice Shelf and a portion of the Victoria Land by New Zealand led to the formation of the Ross Dependency. Claimed by New Zealand, the Antarctic Treaty came into play in 1961, taking the Ross Dependency into account of the treaty. In addition to the Ross Dependency, New Zealand also has territorial claims over the area of land in Antarctica which was previously under Japan’s territorial claim which is known as the Yamato Yukihira.

Norway

Queen Maud Land, a dependent territory of Norway is located in Antarctica. It is located between the British Antarctic Territory which is located at the west and the Australian Antarctic Territory which is located in the east. This territory makes up one-fifth of the entire Antarctic continent. Norway later became a signatory of the Antarctic Treaty, which is one of the two territorial claims that Norway has made in Antarctica. Though the treaty does not recognize Norway's Antarctic territorial claim, it is recognized by Australia, France, New Zealand, and the United Kingdom. The other claim that is made by Norway is over which is an uninhabited volcanic island located in the Bellingshausen Sea.

United Kingdom

Being one of the 14 British Oversea territories, the United Kingdom has a territorial claim over a section of Antarctica known as The British Antarctic Territory (BAT). This section that is claimed by the United Kingdom is in overlaps with the territorial claim by Argentina and Chile. With the United Kingdom's act of ratifying the Antarctic Treaty, the territorial claim is not recognized by the treaty itself but is recognized by Norway, Australia, France, and New Zealand.

The United States of America and Russia

The United States of America and Russia which was originally known as the Soviet Union or the USSR are signatories of the Antarctic Treaty. Unlike the 10 other nation-states that are signatories of the treaty, The United States and Russia do not currently have territorial claims in Antarctica. However, they have reserved their right to claim the areas in the future.

Other Signatories of The Antarctic Treaty

There is a total of 54 parties in the Antarctic Treaty, including the original 12 signatories. Out of the 54 parties, 28 of them including the original 12 signatories are Consultative Parties. The other 40 parties in The Antarctic Treaty includes Austria, Belarus, Brazil, Bulgaria, Canada, China, Colombia, Cuba, Czech Republic, Denmark, Ecuador, Estonia, Finland, Germany, Greece, Guatemala, Hungary, Iceland, India, Italy, Kazakhstan, Malaysia, Monaco, Mongolia, Netherlands, North Korea, Pakistan, Papua New Guinea, Peru, Poland, Portugal, Romania, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Turkey, Ukraine, Uruguay, and Venezuela. All of the parties that are part of the Antarctic Treaty which is part of the Antarctic Treaty System are in support of the legislature and the treaty.

Timeline of Relevant Resolutions, Treaties, and Events

Date Description of event The discovery of the Antarctica Islands

February 1819 - The were discovered by William Smith, a British December 1831 mariner back in February of 1819. George Powell discovered the in December of 1831. The claim on the Antarctic Peninsula

An explorer by the name of John Biscoe sighted the Antarctic Peninsula February 1832 during his expedition in 1832. He then, later on, claimed it for Britain after his discovery. The establishment of The Falkland Island Dependencies Letters of Patent

The Falkland Island Dependencies Letters of Patent, the oldest 1908 constitutional arrangement that gives the UK territorial claims over the Antarctic territories was signed. The Falklands Island Dependencies Letters of Patent was established in 1908. Operation Tabarin

Operation Tabarin is a secret Antarctic expedition by the British launches 1943 to patrol the Antarctic from the German commerce raiders. This expedition strengthened the territorial claims by the British in Antarctica by establishing bases in the area. The opening of The Antarctic Treaty

The Antarctic Treaty is the main treaty concerning the territorial claims in December 1, 1959 Antarctica. This treaty was first opened in 1959 and is still in use up to this date. The confirmation of The Antarctic Treaty

The Atlantic Treaty officially came into use with its original first 12 signatories. The signatories are Argentina, Australia, Belgium, Chile, June 23, 1961 France, Japan, New Zealand, Norway, South Africa, the Soviet Union, the United Kingdom, and the United States. The treaty aims to achieve peace while having scientific research in Antarctica. The establishment of The British Antarctic Territory

Established by the British Antarctic Territory Order in Council 1962/400, 1962 The British Antarctic Territory was officially confirmed to have territorial claims over the British Antarctic Territory Order in Council 1962/400. The establishment of The Antarctic Treaty’s Environmental Protocol

October 4, 1991 The Antarctic Treaty’s Environmental Protocol is a treaty that was established to ensure the preservation of the natural reserve of Antarctica. It was established in 1991. The renewal of The Antarctic Treaty

The Antarctic Treaty now consists of 54 nation-states that have signed the treaty as signatories. The original 12 signatories and 17 other 2019 signatories have the consultative power. 7 of those nation-states claimed the Antarctic territories that they have their claim over as national territories.

Caption #3: Timeline of the Antarctic Treaty6

Evaluation of Previous Attempts to Resolve the Issue

In the past, not many attempts have been done to answer the question of the Antarctic territorial claims while addressing the whole global community. One main attempt that has been done to try to alleviate the issue dates back to 1961 when The Antarctic Treaty was implemented. The treaty contains fourteen articles which address the following:

● The prohibition of a military base and weapons testing as Antarctica should only be used exclusively for peaceful purposes ● The allowance of scientific research during the International Geophysical Year (IGY) ● The promotion of communal and international approach in scientific research which includes the sharing of research personnel and plan for no monetary exchange in return ● Rules that are in the regulation of the jurisdiction over Antarctica ● The addressing of disputes in concern of sovereignty by implementing the prohibition of diminishing pre-existing territorial claims and new territorial claims alongside with expansions ● The prohibition of radioactive and nuclear waste

6 Mander, Benedict. “The Fight to Own Antarctica.” Subscribe to Read | Financial Times, Financial Times, 24 May 2018, https://www.ft.com/content/2fab8e58-59b4-11e8-b8b2- d6ceb45fa9d0. ● The provision of inspectors in Antarctica to ensure that there is no infringement to the agreed treaty ● The requirement for parties to give a notice in advance for expeditions ● The ability to modify the treaty in the presence of disputes

The key elements and objectives of the treaty have been effective in ensuring that there is no territorial dispute over Antarctica while aiming to protect the sovereignty of the nation- states that are parties and signatories of the treaty. As the treaty is enforced upon the parties of the Antarctic Treaty strictly, the nation-states are expected to abide by the rules and regulations of the treaty while under the treaty. In addition to the strict enforcement of the treaty, incentives of the acquirement of scientific research for the countries are also given which encourages the nation-states to follow the treaty.

Even with the presence of inspectors to keep the treaty in check, minor infringements of the treaty such as IUU fishing has been seen to occur over time as it is a difficult task to patrol the Antarctic waters. Ties between jurisdiction and sovereignty have been another issue that has risen as the lack of sovereignty in a nation-state will face the consequence of having no jurisdiction in Antarctic territories. This shows that the treaty fails to help ensure that the signatories of the treaty have a confirmed territorial claim in Antarctica as it is not in the most reliable manner.

Though the treaty has its weaknesses, it is overall a major achievement as a treaty addressing peaceful protocols was ratified between multiple nation-states. The treaty was able to be established between the two cold war superpowers who are the United States of America and the Soviet Union. In addition to that, it is an accomplishment to have the treaty ratified even when seven nation-states are claiming the Antarctic territories with two nation-states reserving the right to do so in the future.

Possible Solutions

To answer the question of Antarctic territorial claims in an effective manner, the question of jurisdiction needs to be addressed. Thought this may lead to political tensions due to its regard to the sovereignty of the countries, this is a necessary step to help alleviate the issue at hand as the set ground for jurisdiction is needed with an increase in human activity. This has been addressed in Resolution 2 which was brought up during the 35th Antarctic Treaty Consultative Meeting (ATCM).

The jurisdiction in Antarctica can be addressed and clarified between the nation-states by implementing articles that will implement negotiations that the jurisdiction can be based on. While some articles have been established addressing the issue of jurisdiction in Antarctica, more is needed to elaborate on the judicial grounds as it is vague at the moment. The United Nations can use the current Article XIII and Article IX of the Antarctic Treaty as a base to draft the articles on. Article XIII states that "the Contracting Parties concerned in any case of dispute about the exercise of jurisdiction in Antarctica shall immediately consult together to reach a mutually acceptable solution”7 and Article IX states that contracting parties' representatives should meet after the treaty to cover topics concerning the rules of the treaty which includes the exercise of jurisdiction in Antarctica.

The articles should also propose collective jurisdiction in regards to the maritime zones. IUU fishing and other illegal and undocumented activities at the maritime zones are present due to the lack of ability to have proctors patrolling the Antarctic waters. The implementation of an article addressing with a clarification that the lands in contact with the Antarctic Sea are applicable will allow there to be an increase in the legitimacy to have more patrols in the areas. This will consequently lead to a decrease in IUU fishing, preserving the natural reserves of Antarctica. General criminal and civil laws should also be implemented to have clear jurisdictional rules regarding Antarctica.

Questions A Resolution Must Answer

1) Will Antarctica be used only for peaceful purposes? 2) Will the banning of military and nuclear testing in Antarctica still be implemented? 3) Will scientific research be continued with cooperation between countries that have territorial claims in Antarctica? 4) In the future, will it be mandatory for countries that have territorial claims in Antarctica to recognize their claims over specific territories? 5) Will countries have the right to renounce their claim in Antarctica if issues arise? 6) Will new claims over territories in Antarctica be allowed? 7) Who will have the authority to decide on whether there should be an expansion in the number of countries that have made their claims in Antarctica? 8) Do countries have the authoritative power to reserve their right in making a claim in the future like The United States of America and Russia in the Antarctic Treaty?

7 “Antarctic Treaty System.” Wikipedia, Wikimedia Foundation, 1 Dec. 2019, https:// en.wikipedia.org/wiki/Antarctic_Treaty_System. 9) What is determining which countries have the right to claim territories on the only continent in the world that is not humanly inhabited? 10) Will Antarctica be preserved under the countries that have claims in the continent’s territories? 11) Are the countries that signed the Antarctic Treaty the only countries that will have the right to claim over Antarctic lands? 12) Are all of the existing countries in the world going to have the right to claim the Antarctic lands if a well-drafted proposal is given? 13) What actions will be implemented to ensure that Antarctica will not go into ruins under the hands of the countries that have claims in the territories? 14) Do the countries that have claimed over Antarctica have the mandatory responsibility to preserve their respective sectors? 15) Who is responsible for the preservation of the currently unclaimed sector of Antarctica? 16) Will there be a more communal approach in determining the administration of Antarctica through the United Nations?

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