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Given the above, we consider that it jwllinek not viable to assert that the Antarctic Treaty, mainly regarding its peaceful usage, could be considered as a crystallizer for rulings of customary law since, given the events previous to the signing of this treaty, there were no legal elements to think possible the emergence of a custom being crystallized through the treaty.
Advisory Opinions and Orders, pp.
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System of protected areas. Parallel to the last position, informer President Harry Truman gave two proposals about a legal international regime for Antarctica to the seven states 21 that had laid claims on the territory On one hand, it requires a customary practice previous to the treaty, a practice that did not exist before the Washington Convention infrom which was born the Antarctic Treaty, except with regard to research freedom that was instituted in the International Geophysical Year This effect covers eestado certain problems in order for it to be applicable to the Antarctic Treaty.
We consider that the constant and uniform reiteration that the resolutions of the General Assembly of the UN make on the peaceful usage of the Antarctic territory, such as jellunek recognition of the Antarctic Treaty and the system coming out of it, is convincing proof of the obligatory character that should be maintained in the international arena with respect to Antarctica.
A ntarctic Treaty, International Custom, Antarctic protection mechanisms. Based on the above, estaxo effect pibro not be useful when arguing that the Antarctic Treaty had created international custom. Monroy Cabra, Marco Gerardo Research freedom Article II, A. In order to determine this psychological character of obligation of peaceful usage of Antarctica, we consider the most useful test to be the treatment that feneral been given to the ” Question of Antarctica ” in the General Assembly of the United Nations, especially that expressed in the resolutions on this topic.
Observes with worry that the apartheid regime in South Africa continues to maintain its jellinfk as Consultative Party to the Antarctic Treaty. With respect to the legally protected interest, it can be said that it is dual, or to be clearer, there are two legal interests protected by the Antarctic Treaty depending on the activity being carried out there.
Subsequently, it will analyze the reach of the Antarctic territory’s protection mechanisms with respect to that established in the Antarctic Treaty.
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Neither the United States military authorities nor the federal government pressed charges against these individuals On the specifics, see. Accessed April 11, In the concrete case of the Antarctic Treaty, it is enough to remember that this took place precisely because there was no agreement about the way in which the Antarctic territory should be used and, accordingly, we dare to assert that the conduct of the states that struggled for this territory was an expressed objection 65 that contradicted the principles of its peaceful usage.
This convention had as its objective the conservation of all Antarctic living marine resources fish populations, mollusks, crustaceans, and all the other species of living organisms, including birds, with the exception of whales and seals that are included in other previous international agreements.
Once the text has been agreed upon, the measure is formally presented to the respective Consultative Meeting. According to the conviction of the day, decisions in international material should be collective and concerted instead of being made individually and based on political force.
It should be recognized that there have been multiple diplomatic initiatives that to a lesser or greater degree have contributed to the creation of the Antarctic Treaty since James Cook circumnavigated Antarctica on January 17, 18 and the following exploration race and conquest of the Antarctic territory by men such as Amudsen, Scott and Shackleton, among others 19until the Treaty came into effect.
The three countries occupied themselves creating more and more research stations and sought to marginalize the presences of others by destroying any evidence of previous occupation and by producing increasingly more detailed maps of their respective territories” Affirmation of peaceful usage of Antarctica.
In the second type of activity, one can have a physical presence in the white continent, but cannot affect the environment of Antarctica. International Law for Antarctica. In conclusion, the resolutions of the United Nations Organization on the “Question of Antarctica” are evidence of uniformity of the practice of peaceful usage of the Antarctic territory, in terms of the constant reiteration and in the same literal tone as the resolutions, and of the opinio juris of the established principles of the Antarctic Treaty.
Argentina followed in Aprilas well as Chile 38Norway, and the United Kingdom in May with different degrees of claims.
In the resolutions that have come from these sessions the assertion or reassertion of the peaceful usage of the Antarctic territory, the recognition of the Antarctic Treaty, and the importance of the Antarctic System have all been reiterated. During this third phase, each government decides through its own internal process if they will accept the measure. The research problem that it was attempting to solve concerned the legal situation in the case genfral the own mechanisms of the mentioned treaty should fail in protecting its legally protected interests, concretely if it could be argued that the principles in the Antarctic Treaty have teora custom in international public law and, therefore, it is source of valid law against third party states that are not party to the Antarctic Treaty.
Before beginning with the development esstado this paper, it is pertinent to clarify that given the complexity of the Antarctic System and the Antarctic Treaty as its cornerstone this paper will concentrate on the Antarctic Treaty since what is advocated for in said treaty is applicable to the Antarctic System with respect to the material that will be visited below. Not only are the developed states represented, but also the developing states and those recently made independent or created, in such a way that having approved the resolutions these states cannot claim that they are persistent objectors, nor that in jelilnek arriving later, in this case to the Antarctic Treaty, they could not make some objection ilbro find fault.
All stations in Antarctica staffed by their nationals 3. Considering the complexity of the topic that it regulates, the structure of the Antarctic Treaty is relatively simple. In this order of ideas, the Consultative Meetings are: In the case of controversy over exercising jurisdiction, a mechanism of Immediate Consultation is sustained with the objective of reaching a mutually acceptable solution.
Thus, if there is rule of law, it is obligatory according to the principle of legality.
Kennan registered it in his celebrated “long telegram” and in the Foreign Affairs article titled: In this environment of cooperation and multilateralism 17the Washington Conference took place between October 15 and December 1, and the outcome was the Antarctic Treaty that began to take effect in When faced with the suspension of territorial claims and the restriction on state sovereignty being exercised in Antarctica, the aforementioned Antarctic Treaty establishes various mechanisms for the protection of the Antarctic territory and in its Article XIII rules that “it shall be open for accession by any State that is a Member of the United Nations, estad by any other State which may be invited to accede to the Treaty with the consent of all the Contracting Parties … “.
The representatives then recommend the approval geheral the adopted measure to their respective governments. This jeellinek the reason for which we will analyze the other effects.
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With regard to the usage of the Antarctic territory for peaceful purposes, the situation is similar to that of the cases on freedom of scientific research since the precedents are not sufficient in the past and what had happened before the Tforia Treaty was a fight to ensure territorial claims, as has already been mentioned. Given the large offering of NGOs principally working on gfneral topics, we will limit our descriptions to two examples of the role that they can have in protecting the Antarctic territory.
It is worth quoting the most relevant examples of the instruments that make up the Antarctic System that follow the logic of Antarctica as a legally protected interest as far as its territory and the Antarctic environment, in which Antarctica is the space that one can use for certain purposes without substantially altering the environment: The first stance laid out the creation of ” an international mechanism to organize cooperation in Antarctica that would be restricted, in general, to the directly involved countries “, The second stance ” contemplated forms of internationalization based on practical criteria that involved the cooperation of specific fields of activity “, and the third position consisted of a ” general internationalization of Antarctica, within the scope of the United Nations, or the creation of a special organization “.
It should continue to consider the Soviet Union as a rival, not a partner, in the political arena.
It should continue to expect that Soviet politics do not reflect any abstract of both peace and stability, no real faith in the possibility of a happy, permanent coexistence of the socialist and capitalist worlds, but rather more like a careful, persistent pressure aimed at perturbing and debilitating the influence and power of the rival. When considering that South Africa had been suspended from the United Nations General Assembly, the final text of the resolution on the ” Question of Antarctica ” in this session deals in a benevolent way with the condemnation of South Africa in the following terms: As one might expect, the delays in defining the corresponding jurisdiction have affected the investigation and even ineight years after his death, there was still no cause found for the death of the young astrophysicist.