Antarctica and the Arctic: Antarctic Treaty and Indian Law

The two polar regions are governed very differently. Antarctica is a continent whose territorial claims have been set aside by treaty in favour of peace and science. The Arctic is an ocean surrounded by sovereign states, governed by the law of the sea. India is active in both, with research stations, an Antarctic law and an Arctic policy. This note covers each regime.

1. Claims to Antarctica

• Claimant states. Seven states claim parts of Antarctica: Argentina, Australia, Chile, France, New Zealand, Norway and the United Kingdom; the claims of Argentina, Chile and the UK overlap.
• Sector theory. Several claims follow lines of longitude converging at the pole, based on proximity or contiguity; the theory is not generally accepted as a source of title.
• Non-claimants. The United States and Russia make no claims but reserve the right to do so; most states do not recognise any claim.

2. The Antarctic Treaty, 1959

Signed in Washington on 1 December 1959 by twelve states active in Antarctica during the International Geophysical Year, the treaty entered into force in 1961. India acceded in 1983 and became a consultative party the same year.

Figure 1: Main provisions

• Article IV. Nothing in the treaty is a renunciation of any claim or a recognition of any other state's claim; no activity while the treaty is in force can support or deny a claim; no new claim or enlargement of an existing claim may be made.
• Consultative parties. Original signatories and acceding states that conduct substantial scientific research, such as establishing a station, take decisions at the Antarctic Treaty Consultative Meetings.

3. The Antarctic Treaty System

Figure 2: Growth of the system

• CCAMLR, 1980. The Convention on the Conservation of Antarctic Marine Living Resources takes an ecosystem approach to fishing, especially krill.
• Minerals Convention, 1988. A convention to regulate mining was concluded but never entered into force.
• Madrid Protocol, 1991. The Protocol on Environmental Protection, in force from 1998, designates Antarctica a natural reserve devoted to peace and science, prohibits any activity relating to mineral resources other than scientific research (Article 7), and requires environmental impact assessment; it does not expire, though a review conference may be requested after 2048.
• Whaling in the Antarctic (Australia v Japan; New Zealand intervening), 2014. Japan's JARPA II programme in the Southern Ocean was not for purposes of scientific research under Article VIII of the Whaling Convention, and Japan had to revoke the permits.

4. India in Antarctica

• Expeditions and stations. India's first expedition reached Antarctica in 1981 to 1982; its first station, Dakshin Gangotri (1983), has been decommissioned; Maitri (1989) and Bharati (2012) are operational, run through the National Centre for Polar and Ocean Research, Goa.
• Indian Antarctic Act, 2022. Applies to persons, vessels and aircraft in an Indian expedition to Antarctica, defined as the area south of 60 degrees South; establishes the Committee on Antarctic Governance and Environmental Protection, chaired by the Secretary, Ministry of Earth Sciences, to grant permits.
• Permits and prohibitions. A permit, preceded by environmental impact assessment and a waste management plan, is needed for expeditions, mineral sampling, activities harming native species and waste disposal; nuclear explosions, radioactive waste disposal and discharge of garbage or plastic into the sea are prohibited.
• Penalties and courts. A nuclear explosion is punishable with imprisonment of twenty years, extendable to life, and a fine of at least Rs 50 crore; mineral drilling or introducing non-native species without a permit with up to seven years and a fine; Sessions Courts notified as Designated Courts try offences.

5. The Arctic

Figure 3: Antarctica and the Arctic compared

• Legal regime. The Arctic Ocean is governed by UNCLOS; coastal states have maritime zones and may claim extended continental shelves, with overlapping submissions, for example over the Lomonosov Ridge.
• Ilulissat Declaration, 2008. The five Arctic Ocean coastal states affirmed that the law of the sea applies and that no new comprehensive legal regime is needed.
• Arctic Council. Created by the Ottawa Declaration, 1996, with eight Arctic states as members and indigenous organisations as permanent participants; it does not deal with military security; India became an observer in 2013; its work was disrupted after 2022.
• Svalbard Treaty, 1920. Recognises Norway's sovereignty over Svalbard, subject to equal rights for parties' nationals in economic activities; India is a party, and its Himadri research station (2008) is at Ny-Ålesund.
• Passages. Canada treats the Northwest Passage as its internal waters, while others treat it as an international strait; Russia regulates the Northern Sea Route; the IMO Polar Code (2017) governs ships in polar waters.
• India's Arctic Policy, 2022. Rests on science and research, climate and environmental protection, economic and human development, transport and connectivity, governance and international cooperation, and capacity building.

6. Frequently Asked Questions

Does the Antarctic Treaty extinguish territorial claims?

No. Article IV freezes them: existing claims are neither renounced nor recognised, activities under the treaty cannot strengthen or weaken them, and no new or enlarged claims can be made while the treaty is in force.

Does the ban on mining in Antarctica expire in 2048?

No. The Madrid Protocol has no expiry date. After 2048, any consultative party may request a review conference, but lifting the ban would require a binding regime on mineral activities and stringent conditions for amendment.

7. Related Topics

• Topic 25: Acquisition and Loss of Territory. Occupation and sector claims.
• Topic 27: Law of the Sea I. Maritime zones in the Arctic.
• Topic 47: International Environmental Law. Environmental protection.