Maritime Affairs Program (MAP) Handbill Spotlight

Recent Events

Despite temporary suspension of meetings in 2020 due to the outbreak of the pandemic, the Antarctic Treaty parties have held regular meetings in recent years. The 44th Antarctic Treaty Consultative Meeting was held from May 23 to June 2, 2022, where Consultative Parties adopted measures on topics such as air safety, heritage management, climate change and environment in Antarctica. More recently, CCAMLR ended its 41st meeting on November 4, 2022. Although the CCAMLR continues to impose and enforce a number of valuable measures in the Antarctic region, the last meeting has received mixed reviews. Some CCAMLR members and environment activists have criticized the Commission for failing to expand existing conservation actions. During the 41st meeting, CCAMLR recognized eight new Vulnerable Marine Ecosystems (VMEs) that are to be protected from bottom fishing, but negotiations continue to remain stuck on the establishment of new marine protected areas (MPAs) as well as the imposition of new fishery regulations for krill and toothfish. Because the Antarctic Treaty System has a consensus-based decision-making mechanism, decisions “possessing normative and regulatory effects” cannot be adopted without the agreement of all 27 of its members. At its most recent meeting, two of CCAMLR members, Russia and China, objected to the current proposals to establish three MPAs in Antarctica, which, according to some, originated in part from their interests in developing krill fisheries in the Antarctic region. The United States is reportedly talking to China to meet each other halfway, but has publicly blamed Russia for undermining the CCAMLR process. 

Also during the 41st CCAMLR meeting, the Ukraine delegation urged the CCAMLR to express “an unequivocal condemnation of [the] Russian war of aggression against Ukraine” and “to call on the aggressor country to immediately stop its actions in Ukraine.” Both Russia and Ukraine are CCAMLR members as well as consultative parties of the Antarctic Treaty. Nevertheless, commentators have noted that despite “considerable time” spent on Ukraine’s statements and relevant procedural matters, the CCAMLR meeting has mostly followed its usual course before the eruption of the Ukraine crisis. 

Keep In Mind

As a multilateral institution which aims solely at the peaceful use of Antarctica—the only continent beyond national jurisdiction—the Antarctic Treaty System has been a notable example of international cooperation and governance, featuring collaboration between nation-states, intergovernmental organizations, scientific bodies, and other non-governmental actors. Specifically, CCAMLR has been a pioneer in incorporating fishery management with an ecosystem-based, precautionary approach, with the objective of conservation and rational use. As international institutions continue to face challenges in the realm of climate change, global trade and the building of effective communication channels, the Antarctic Treaty System can function as a stabilizer and an anchor point for multilateral cooperation; especially on benign topics such as scientific cooperation, information sharing and the collective management of regions beyond national jurisdictions. 

At the same time, recent developments have introduced new challenges to the Antarctic Treaty System (ATS). Since the establishment of the Ross Sea region MPA in 2016, there has been hardly any major multilateral deliverable in the region, let alone new frameworks and treaties. Furthermore, China’s increase in research activities in the Antarctic has been a matter of concern to some commentators, and China’s decision to build a fifth research station in Antarctica has paralleled U.S. plans to upgrade its own infrastructure and develop new ice breaking vessels for deployment in the region. Although ATS parties have remained committed to scientific cooperation and peaceful use of Antarctica, the Antarctic Treaty System should take care to continually promote and ensure coordination and collaboration among all parties. 

As an institution that has ensured the smooth multilateral governance of the Antarctic region for decades, the Antarctic Treaty System has the potential to promote multilateral cooperation in new areas, drawing from past experiences and a forum that remains largely unaffected by recent tensions. Echoing ongoing discussions on marine biological diversity in areas beyond national jurisdiction (BBNJ), the Antarctic region is full of marine genetic resources. As policymakers, scientists and observers show growing interests in the role of marine ecosystems in carbon sequestration and thus climate change mitigation (i.e. blue carbon), Antarctic krills are found to have great potential in storing carbon. As the Antarctic region is currently free from geopolitical tensions and beyond national jurisdiction, the Antarctic Treaty System is a highly valuable, often forgotten forum to initiate constructive discussions and cooperation on these topics—especially as policymakers and experts are still exploring the right balance between environmental protection and sustainable development.