At a certain moment there were at least 10 permanent research stations on Antarctica. But whose law would apply? This question led to the establishment of the Antarctic Treaty, a set of international agreements established in 1961 which lead to the solution of the sovereignty issue in Antarctica.
Whose law applies?
By the early 1950s, territorial claims in Antarctica had become well established and most of the continent was subject to the sovereignty of at least one country. Some countries moved to establish a permanent presence – Australia, for example, established in 1954 the first permanent station south of the Antarctic Circle. Two years later there were at least 10 permanent stations and occupation of the continent was literally being cemented.
Whose law would apply to such developments? Such questions would need answering as some claims overlapped and at least two countries specifically rejected the sovereign claims on which national jurisdiction would be based. With growing interest in Antarctic research and increasing presence, this uncertainty needed resolution and various attempts were made to internationalise Antarctica.
Holding much of the 1957/58 International Geophysical Year (IGY) in Antarctica helped bring the issues to a head. In Antarctica IGY participants agreed to temporarily set aside jurisdictional problems so that the research could proceed without distraction. Scientists would be free to travel anywhere in Antarctica without seeking permission. This proved remarkably successful.
After IGY it became clear that territorial aspirations and political arguments might hinder the long term development of research in Antarctica. Would Cold War rivalries extend to Antarctica? A way had to be found to maintain the harmony achieved during IGY, without taking anything away from the interests of nations already there. In 1958 the US proposed that the 12 nations in Antarctica during the IGY negotiate a regime for long-term Antarctic cooperation.
This led quickly to the adoption in December 1959 of the Antarctic Treaty, which entered into force on 23 June 1961.