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Prepared by the author based on the resolutions of the General Assembly of the United Nations Organization. The States concerned must therefore feel that they are conforming to what amounts to a legal obligation” The Antarctic Treaty A.
Accessed April 15, Parallel to the last position, informer President Jellineo Truman gave two proposals about a legal international regime for Antarctica to the genneral states 21 that had laid claims on the territory Committee on formation of customary General International Law. The classification that we present is carried out to achieve a better understanding of that expressed in the treaty since there is no systematization of the mechanisms in this one, but rather a statement in libri a manner that, for the person not well-versed in the Antarctic Treaty, the Antarctic protection mechanisms can become a difficult topic to understand.
This protocol establishes that Antarctica is a “natural reserve dedicated to peace and science” and explicitly prohibits whatever type of activity related to Antarctic mineral resources.
This shows to a large degree the coherence and power that the Antarctic Treaty members have in order to dare estaso to challenge the United Nations General Assembly. Luis Winter, former Chilean diplomat and current Rector at the University of the Pacific Chilefor the ideas about the protected legal interest.
The Antarctic Treaty took place during a period of change in the concept of international relations, as a result of a general weariness with war during World War II and individual decisions made by states that led to it.
Examples of this change are evident in the actions carried out by Albert Einstein who, insigned a letter to President Beorg to ask him to promote a research program on the splitting of the atom and, after World War II, defended a constitution for a ” global government ” as the only possible guarantee of world peace 15 or in the proposal of former President Truman with respect to the atomic arsenal and the means for its production that consisted in the United Nations assuming responsibility for its handling This provision shall not prejudice the power of the Court to decide a case en aequo et bono, if the parties agree thereto”.
Of course, the members of the Antarctic System ignored this and other petitions that were made along the same lines in other General Assembly sessions and South Africa continued participating in institutions in the Antarctic System. Monroy Cabra, Marco Gerardo Second edition Current as of Under this framework, in the case that a controversy should arise between two or more Contracting Parties concerning the interpretation or the implementation of the treaty: According to North American authorities, Dr.
Spanier illustrates this change with the following words from former President Roosevelt ” new international relations should mean the end of a system of unilateral estao, exclusive alliances, spheres of influence, extado of power, and all the other measures that have been attempted throughout the centuries and that have always failed … we propose the substitution of all of this for a universal organization in which all the nations lovers of peace will have every possibility to unite ” In the 50s of the last century, there were various incidents that showed the growing tension surrounding the Question of Antarctica.
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Denmark; Federal Republic of Germany vs. These efforts, that should be compatible with the United Nations Charter, constitute a very powerful mechanism given that the five permanent members of the Security Council of the United Nations are party to the Antarctic Treaty, and if on top of this the quantity of soldiers, population, gross domestic product, among others is added up from the 50 states parties to the treaty it is obvious that the states that are not parties to the Antarctic Treaty are at a great disadvantage in the case that they attempt to change the status quo in Antarctica either individually or collectively.
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 their arriving later, in this case to the Antarctic Treaty, they could not make some objection or find fault.
Regarding the regulatory topic, the so called ” measures ” taken in the framework of the Consultative Meetings follow a procedure in which, in first place, various members in an informal setting discuss a proposal for a series of recommendations and negotiate their content. In order to make the mechanisms effective, these observers that are nationals of the Contracting Party that designates them have the freedom to access at any moment the following: 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 Antarctic Treaty was a fight to ensure territorial claims, as has already been mentioned.
In the case of controversy over exercising jurisdiction, a mechanism of Immediate Consultation is sustained with the objective of reaching a mutually acceptable solution. Conservation of the Antarctic flora and fauna. 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 has been given to the ” Question of Antarctica ” in the General Assembly of the United Nations, especially that expressed in the resolutions on this topic.
Having reviewed that concerning to what is custom in international law, and the elements that it requires to consolidate itself as such, it is important to address how the Antarctic Treaty can be converted into a custom of international law.
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The big problem that could be pointed out with respect to this effect, in order to determine if there is international custom, concerns whether or not the general practice created by the Antarctic Treaty is accepted as law or, in other words, if the practice of using the Antarctic territory for peaceful purposes has opinio juris sive necessitatis In the resolutions the psychological element of the custom of international law, in other words opinio jurisis present and, if added that it is a general practice, then we believe that all the requirements exist to argue that there is international custom.
The literal meaning of b. The State of Sovereignty: Argentina followed in Aprilas well as Chile 38Norway, and the United Kingdom in May with different degrees of claims.
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: A series of resolutions can show the gradual evolution of the opinio juris necessary for establishing a new rule” The criteria to designate a party as consultative or non-consultative depends on the scientific activity that it is developing in Antarctica, more specifically: Brilmayer and Tesfalidet ; Dodge It should continue to expect that Soviet politics do not reflect any abstract of both peace and stability, no real faith in ligro 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.
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 On the specifics, see. Figueroa Pla, Uldaricio All personnel or military team that they are planning on bringing to Antarctica 3. Considering the complexity of the topic that it regulates, the structure of the Antarctic Treaty is relatively simple.
However, after having seen the analysis of the legally protected interests, we should use as a reference, although be it concise toria order not to get away from the objectives of this paper, that the protection and the regulations over the Antarctic territory have teora to be perfected with the development of the Antarctic System, of which the Antarctic Treaty is the first pillar.
Although they are not definite and conclusive pronouncements, the unanimity that is required to adopt the ” measure ” suggests that there is a high degree of obligation in it and even more if one keeps in mind that there are two approval stages, one in the context of the Consultative Meeting and the other in which every state party to the treaty should adopt the ” measure ” in their yeneral internal legislation.