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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.
TRATADO ANTÁRTICO Y MECANISMOS DE PROTECCIÓN DEL TERRITORIO ANTÁRTICO
On the specifics, consult among others: NZ probe into death hits icy wall. The research problem that it was attempting to solve concerned the legal situation in the case that 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 constituted 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.
Gensral this paper, one has been able to observe that the Antarctic Treaty has estadi mechanisms that have been successful in protecting the Antarctic territory and so that it is used for peaceful purposes, although some of these mechanisms can be criticized or have some flaws.
This proposal was not accepted for a long time. All expeditions to Antarctica and within Antarctica in which their ships or nationals participate and all expeditions to Antarctica that are organized or begin in their territory. Julypp. However, after having seen the analysis of the legally protected interests, we should use as a reference, although be it concise in order not to get away from the objectives of this paper, that the protection and the regulations over the Antarctic territory have continued to be perfected with the development of the Antarctic System, of which the Antarctic Treaty is the first pillar.
After carrying out an analysis, we consider that in the given case that a third party state not party to the Antarctic Treaty is unaware of the principle of peaceful usage of Antarctica, it is possible to argue that this principle has constituted custom in international law and, therefore, valid against states esyado eventually denounce the Antarctic Treaty or that do not take part in it, position in which the Antarctic territory will be protected against a non-peaceful usage.
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. What would happen if some state that is not party is unaware of the provisions in the Antarctic Treaty, or if a state party to the treaty denounces it and subsequently claims to not recognize the institutionality of Antarctica?
Based on the above, this effect could not be useful when arguing that the Antarctic Treaty had created international custom. All personnel or military team that they are planning on bringing to Antarctica.
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 such a manner that, for the person not well-versed in the Antarctic Treaty, the Antarctic protection mechanisms can become a difficult topic to understand.
Kennan registered it in his celebrated “long telegram” and in the Foreign Affairs article titled: Brilmayer and Tesfalidet ; Dodge Given the large offering of NGOs principally working on environmental topics, we will limit our descriptions to two examples of the role that they can have in protecting the Antarctic territory.
This is how, with the boost provided by the success of the International Geophysical Year and the establishment of the North American policy on Antarctica, the United States proposed the diplomatic conference that would lead to, not without difficulties 31the signing of the Antarctic Treaty on December 1,which had as its pillars the previously listed North American objectives and the proposed “Plan Escudero ” that is currently Article IV of the treaty 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.
Final Report of the Committee. 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: Preserve Antarctica for only peaceful purposes One of the aspects to consider, for the protection of Antarctica, is the degree of obligation of the ” measures ” recommended in these Consultative Meetings.
All personnel or military team that they are planning on bringing to Antarctica 3.
Estado moderno soberania
With this the legal interests and the permitted, limited, or banned activities also have been extended and developed in the other treaties that make up the aforementioned Antarctic System.
In international law the burden of proof, onus probandirests with those who argue for the practice that is supposedly custom, such as that established by the International Court of Justice in the “Right to Asylum Case” between Colombia and Peru, jeklinek which it expressed that the ” party that invokes a custom of this nature should prove that it has been constituted in such a way that it has been made obligatory for the other party ” Figueroa Pla, Uldaricio We consider it difficult for the Antarctic Treaty to fit into this type of effect given that previous to the formation of the treaty no custom existed with respect to the Antarctic gensral, but rather the contrary for there had been a constant dispute and a number of authors that kept world peace and security at unease, which was succinctly related when dealing with the formation of the Antarctic Treaty.
However, at the same time the effectiveness of the mechanisms are only applicable to the states that form part of the Antarctic Treaty. Perhaps, the most convincing demonstration of gneeral peaceful usage of the Antarctic territory previous to the Washington Conference was that carried out by India en the United Nations General Assembly inhowever, is far from earning the title of having generated custom.
Eminent responsibility for environmental emergencies.
Protocol on Environmental Protection to the Antarctic Treaty, See Howkins p. With regard to the libr 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.
A series of resolutions can show the gradual evolution of the opinio juris necessary for establishing a new rule” Carry out aerial observations in any moment in each and every Antarctic region.
Before beginning with the development of 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. 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.
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, or by any other State which may be invited to accede to the Treaty with the consent of all the Contracting Parties … “.
This principle is that of consensus in the making of decisions that is concretely seen in the Consultative Meetings Article IX, A.