Is it the immensity of this continent of ice surrounded by water? The fact that no population – apart from a few valiant scientists – has ever settled there? Or that a personality as charismatic as Commander Cousteau became its spokesperson? The Antarctic remains a special case in international relations, subject to exceptional governance in every respect.
An agreement on… a disagreement
“They say that Antarctica belongs to no one”notes Anne Choquet, teacher-researcher in law at the European University Institute of the Sea (UBO), specialist in the law of the polar regions. “That’s not quite right: seven states (1) have territorial claims to Antarctica, but the 1959 treaty froze the situation. We agreed… on a disagreement. The treaty, which has been ratified by a total of 54 countries, establishes a territorial status quo. »
Driven by scientists – in the wake of the international geophysics year of 1957-1958 – the 1959 treaty enshrines three principles: the maintenance of peace (Antarctica is a non-militarized and non-nuclear land); the possibility for each scientist to settle there wherever he wishes, whatever his nationality; and finally the protection of the environment. It was initially signed by twelve countries, including the United States and the USSR, then in the midst of the Cold War.
1 million signatures against the exploitation of the Arctic
The tour de force does not stop there. The riches of Antarctica in minerals and hydrocarbons end up whetting appetites. The Wellington Convention, negotiated at the end of the 1980s, plans to open up the continent, as large as 27 times the size of France, to mining. Captain Cousteau then launched a petition which collected – even though social networks did not exist – 1 million signatures… In 1989, two oil spills caused by ships (L’Exxon Valdez in the Arctic and the Bahia Paradise in Antarctica) deal the fatal blow to mercantile ambitions in the Arctic.
“The two French and Australian Prime Ministers, respectively Michel Rocard and Robert Hawke, decided not to ratify the convention – which makes it a stillborn text – and relaunched negotiations which resulted in the Madrid Protocol of 1991”, recalls Anne Choquet. This text consecrates Antarctica as a natural reserve dedicated to peace and science, where the exploitation of mineral resources and hydrocarbons is prohibited.
A renewed commitment in 2021
And now ? Does global warming, which makes the poles more accessible, change the situation? “In 2021, on the occasion of the celebrations of the 60th anniversary of the entry into force of the Antarctic Treaty and the 30th anniversary of the signing of the Madrid Protocol, the States Parties reaffirmed their “firm and unwavering” commitment to the Treaty and Protocol”, recalls the lawyer. Including China and Russia…
Some are concerned that the text provides for a relaxation of the procedures allowing the ban on the exploitation of mineral resources to be lifted from 2048. “However, the conditions are extremely strict”, says Anne Choquet. The Antarctic exception should continue.