The Antarctic Treaty as a basic legal framework

The Antarctic Treaty deals primarily with those issues which at the time of its negotiation were a matter of concern for the countries active in the area. As was explained in the previous chapter, these concerns referred in particular to the freedom of scientific research, exchange of information, prevention of a military build-up and organization of elementary forms of co-operation among the countries involved. The aims of the Treaty, therefore, have been to ensure that the activities in Antarctica can be conducted without interference arising from political interests of the participating countries.

In this context, the issue of natural resources did not appear at the time to be of an important priority. The only specific reference to natural resources in the Antarctic Treaty is contained in Article IX, 1 (f), which provides that consultative Parties may formulate, consider and recommend measures in furtherance of the principles and objectives of the Treaty, including measures regarding ‘preservation and conservation of living resources in Antarctica’. On this basis, there was gradually to develop an extensive norm-creating function concerning such resources and specific aspects of the preservation of the environment.

In the case of mineral resources, however, the 1959 Treaty is silent.