THE ANTARCTIC TREATY AT SIXTY YEARS: PAST, PRESENT AND FUTURE

ABSTRACT

The 1959 Antarctic Treaty entered into force on 23 June 1961. It remains as a unique example of an international law instrument providing a governance mechanism for a single continent. The Treaty celebrates its 60th anniversary at a time when Antarctica is increasingly coming under the spotlight with debate as to whether a Cold War treaty is capable of continuing to provide an appropriate governance framework for Antarctica in the 21st century. The debate has raised issues with respect to the ongoing interests and motivations of the seven Antarctic claimant states (Argentina, Australia, Chile, France, New Zealand, Norway, United Kingdom), the role of historically prominent non-claimant states such as the United States and the Russian Federation, and the interests of others such as China. This article assesses whether the Treaty and the associated 'Antarctic Treaty System' are sufficiently resilient to address the challenges confronting Antarctic governance in the 2020s. These challenges extend to accommodating the interests of the founding Treaty parties and subsequent Treaty parties with respect to their Antarctic aspirations, and the ongoing interest of states in Antarctica's mineral resources. Particular attention is given to whether it remains possible for Treaty parties to request an art XII 'Review Conference' and the treaty review mechanisms that exist within the 1991 Madrid Protocol on Environmental Protection. If the Antarctic Treaty is not capable of amendment, the options for treaty withdrawal are assessed.