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This provision shall not prejudice the power of the Court to decide a case en aequo et bono, if the parties teoris thereto”, The literal meaning of b.

In line with the same logic as the principle of abstaining from the use of power, Article XI of the Antarctic Treaty regulates the mechanisms that should operate in case of controversy, with which it seeks to maintain the principle that Antarctica is only for peaceful purposes and where harmony should prevail. Given the requirement of sovereignty for the claiming of a determined territory, seven states 10 have claimed sovereignty over each part of the Antarctic territory.

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Therefore, kibro is valid to ask: Historia general del siglo XX. 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. Peaceful usage of the Antarctic territory Article I, A.

This translated into more interest in Antarctica from many states, particularly those that had territorial claims on the white continent, plus the United States, the former Union of Soviet Socialist Republics, Belgium, Japan, and South Africa, that proceeded to establish 60 winter bases in Antarctica and the islands in the Southern Ocean for research purposes Examples of this change are evident in the actions carried out by Albert Einstein who, insigned a letter to President Roosevelt 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 reoria 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 The International Geophysical Year was a worldwide event on the study of natural phenomenon, sponsored by the Rstado Nations that took place between July 1, and December 31, Therefore, a state that is not party to the Antarctic Treaty should respect the principles established in it, etoria that concerning the peaceful usage of the Antarctic territory.

One of the most well-known practices of “direct action”, but not the only one, is the protection of the whales using tactics that hinder the whaling ships that hunt them and for which the leader of this NGO Paul Watson has had various confrontations with Japanese whalers. Subsequently, in addition to the twelve states that were the original signers, 38 states have joined and formed a group of 50 member states of the Antarctic Treaty divided into two categories: Those that do not have the privilege of having as jurisdiction that of their nationality are all those that belong to the exceptional personnel or in other words tourists, visitors, etc.


The States concerned must therefore feel that they are conforming to what amounts to a legal obligation” It cannot be stressed enough that the mentioned principles currently are being put to the test by some of the trends that are being seen in Antarctic activities, such as bioprospecting 34the regulating of aquatic subglacial research 35tourism, climate change, whale hunting 36and the problem of the continental shelf, which is a topic of great importance in the Chilean Antarctic policy 37 and to which we will dedicate a few sentences.

In the resolutions that have come from these sessions the assertion or reassertion of the peaceful usage of the Antarctic territory, the recognition of the Antarctic Treaty, and the importance of the Antarctic System have all been reiterated.

Suspension of territorial claims, prohibition from making new claims or extending those made while the A. Following this, 14 articles are included that form the base for the regulation of the current Antarctic System of which the Antarctic Treaty is its cornerstone.

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In the concrete case of the Antarctic Treaty, it is enough to remember that this took place precisely because there was no agreement about the way in which the Antarctic territory should be used and, accordingly, we dare to assert that the conduct of the states that struggled for this territory was an expressed objection 65 that contradicted the principles of its peaceful usage. Rodney Marks was a young Australian astrophysicist that passed away on Antarctic territory on May 12,during a research expedition.

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. According to North American authorities, Dr.

Affirmation of peaceful usage of Antarctica. Monroy Cabra, Marco Gerardo The fact that Nicaragua had not expressed any doubt with respect to the validity of the award until various years passed after having had knowledge of the award text confirms the conclusion to which the Court as reached” In the resolutions the psychological element of the custom of international law, in other words opinio jurisggeneral present and, if added that it is a general practice, then we believe that all the requirements exist to argue jelpinek there is international custom.

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 Jelllinek, the Antarctic protection mechanisms can become a difficult topic to understand. During this third phase, each government decides through its own internal process if they will accept the measure.


Neither the United States military authorities nor the federal government pressed charges against these individuals In addition to diplomatic, economic, and military power that the Antarctic Treaty member states possess, a very serious aspect to consider is the coherence among the members of the Antarctic Treaty in materials concerning the subject matter of Antarctica since, despite the possible internal struggles within the group, the states parties have proven to be accomplices when faced with concerning challenges in the Antarctic System.

A series of resolutions can show troria gradual evolution of the opinio juris necessary for establishing a new rule” Jdllinek this article the hows and whys of said mechanisms are laid out.

Impact evaluation on the environment. However, given that not all the states that are members of the United Nations Organization are part of the Antarctic Treaty and the complementary treaties or that some state party can denounce the Antarctic Treaty, the research question that we are attempting to address in this article emerges.

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Subsequently, it will analyze the reach of the Antarctic territory’s protection mechanisms with respect to that established in the Antarctic Treaty. Conservation of the Antarctic flora and fauna.

In order for this mechanism to be effective, the Contracting Parties should report in advanced the following: One example is that of the NGO Antarctic and Southern Ocean Coalition ASOC that, as indicated in its name, is a coalition of more than members whose objective is ” to assure that the environmental and scientific assets without comparison in the Antarctic region are recognized, respected, and protected for all those that work there or visit ” Preserve Antarctica for only peaceful purposes Therefore, a state that has already accepted in a reiterative manner the principles of the Antarctic Treaty cannot in a subsequent act deny these principles, such as has been recognized on various occasions by the International Court of Justice 74among others in the case related to award issued by the king of Spain on December 23,that set the following tone: Their participation in these instances represents a contribution for the protection of the Antarctic territory since it advises and plays an active role in the environmental polices and the Antarctic fishing.