Currently, there are 42 treaty member nations: 26 consultative and 16 acceding. Consultative (voting) members include the seven nations that claim portions of Antarctica as national territory (some claims overlap) and 19 nonclaimant nations. The US and some other nations that have made no claims have reserved the right to do so in the future. And the US does not recognize the claims of others.
The Antarctic Treaty...
- Article 1: The area is to be used for peaceful purposes only; military activity, such as weapons testing, is prohibited, but military personnel and equipment may be used for scientific research or any other peaceful purpose
- Article 2: freedom of scientific investigation and cooperation shall continue
- Article 3: free exchange of information and personnel in cooperation with the UN and other international agencies
- Article 4: does not recognize, dispute, or establish territorial claims and no new claims shall be asserted while the treaty is in force
- Article 5: prohibits nuclear explosions or disposal of radioactive wastes
- Article 6: includes under the treaty all land and ice shelves south of 60 degrees 00 minutes south
- Article 7: treaty-state observers have free access, including aerial observation, to any area and may inspect all stations, installations, and equipment; advance notice of all activities and of the introduction of military personnel must be given
- Article 8: allows for jurisdiction over observers and scientists by their own states
- Article 9: frequent consultative meetings take place among member nations
- Article 10: treaty states will discourage activities by any country in Antarctica that are contrary to the treaty
- Article 11: disputes to be settled peacefully by the parties concerned or, ultimately, by the ICJ
- Articles 12, 13, 14: deal with upholding, interpreting, and amending the treaty among involved nations Other agreements: more than 170 recommendations adopted at treaty consultative meetings and ratified by governments.
Some US laws directly apply to Antarctica. For example, the Antarctic Conservation Act, 16 U.S.C. section 2401 et seq., provides civil and criminal penalties for the following activities, unless authorized by regulation of statute: The taking of native mammals or birds; the introduction of nonindigenous plants and animals; entry into specially protected or scientific areas; the discharge or disposal of pollutants; and the importation into the US of certain items from Antarctica. All of which are STRICTLY adhered to and enforced by the US contractor providing support services to the National Science Foundation.
Violation of the Antarctic Conservation Act carries penalties of up to $10,000 in fines and 1 year in prison.