The Antarctic treaty and the evolution of its institutional mechanisms

• Published in: Moscow Journal of International Law
• Main Author: K. V. Timokhin
• Format: Article in Journal/Newspaper
• Language: English; Russian
• Published: Moscow State Institute of International Relations (MGIMO) 2020
• Subjects: international law; international organisations; antarctica; antarctic treaty; antarctic treaty system; effectiveness; antarctic treaty consultative meeting; committee for the protection of the environment of the antarctic; commission for conservation of antarctic marine living resources; Law of nations; KZ2-6785; Comparative law. International uniform law; K520-5582; Antarc*; Antarctic; Antarctica
• Online Access: https://doi.org/10.24833/0869-0049-2019-4-104-113; https://doaj.org/article/578309422fc247f6812005435d9eb6e4

INTRODUCTION. The article dwells on the issue of evolution of mechanism created to manage the Antarctic region: Antarctic Treaty Consultative Meetings (ATCM) and Committee on Environmental Protection (CEP). In the paper the main stages of the development of an ATCM as a main “political” body within the Antarctic Treaty System (ATS) are analysed.MATERIALS AND METHODS. The article is based on the analysis of the founding documents of the mentioned bodies – Antarctic Treaty of 1959 and Madrid Protocol to it of 1991, as well as the Rules of Procedure of the said bodies. Moreover, functioning of ATCM and CEP is compared to that of the other organs of the ATS – CCAMLR and its Scientific Committee.RESEARCH RESULTS. The author comes to a conclusion that the Consultative Parties throughout the existence of ATCM managed to effectively use the flexibility built in the Antarctic Treaty by adjusting ATCM to the particular challenges that the they were facing. The efficiency of such an approach is illustrated by the examples of the other organs of the ATS. In particular, the similarities between pairs of ATCM-CEP and CCAMLR - Scientific committee of CCAMLR are demonstrated.DISCUSSION AND CONCLUSIONS. The analysis and classification of ATCM variations as well as of the other fora under the ATCMs has been comprehensively analysed in Russia last in 2002. With regard to this the tendency of attributing more power to CEP is highlighted. In recent time, this is done to the detriment of the ATCM functioning, when its role is sometimes diminished to only approving decisions taken by the CEP. As a conclusion the opinion is expressed that the attempts to politicise the process and manipulate the statuses of different ATS bodies is counterproductive.