On the accession of the Republic of Kazakhstan to the Antarctic Treaty
Decree of the President of the Republic of Kazakhstan dated November 3, 2014 No. 938
I DECREE: 1. The Republic of Kazakhstan to accede to the Antarctic Treaty, signed in Washington on December 1, 1959. 2. This Decree shall enter into force from the date of its signing.
President of the Republic of Kazakhstan N. Nazarbayev
ANTARCTIC TREATY
The Governments of Argentina, Australia, Belgium, Chile, the French Republic, Japan, New Zealand, Norway, the Union of South Africa, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America, Aware that, in the interests of all mankind, Antarctica should always continue to be used exclusively for peaceful purposes and should not to become an arena or subject of international controversy; Recognizing the significant contribution made to scientific knowledge through international cooperation in scientific research in Antarctica; Convinced that the establishment of a solid foundation for the continuation and development of such cooperation based on freedom of scientific research in Antarctica, as it was carried out during the International Geophysical Year, is in the interests of science and the progress of all mankind; Convinced also that a treaty ensuring the use of Antarctica only for peaceful purposes and the continuation of international accord in Antarctica will contribute to the implementation of the purposes and principles of the Charter of the United Nations; Agreed as follows:
ARTICLE I
I. Antarctica is used only for peaceful purposes. In particular, any military activities are prohibited, such as the establishment of military bases and fortifications, conducting military maneuvers, as well as testing any types of weapons. 2. This Treaty does not prevent the use of military personnel or equipment for scientific research or for any other peaceful purposes.
ARTICLE II
Freedom of scientific research in Antarctica and cooperation for these purposes, as applied during the International Geophysical Year, will continue in accordance with the provisions of this Treaty.
ARTICLE III
I. To promote international cooperation in scientific research in Antarctica, as provided for in In accordance with Article II of this Treaty, the Contracting Parties agree that, to the maximum extent possible and practicable: (a) information on plans for scientific work in Antarctica shall be exchanged in order to maximize cost savings and efficiency of work; (b) scientific personnel in Antarctica shall be exchanged between expeditions and stations.; (c) Antarctic scientific observations and data are exchanged and freely accessible. 2. In carrying out this Article, the establishment of business cooperation relations with those specialized agencies of the United Nations and other international organizations for which Antarctica is of scientific or technical interest is strongly encouraged.
ARTICLE IV
I. Nothing contained in this Treaty shall be interpreted as: (a) a waiver by any Contracting Party of previously claimed rights or claims to territorial sovereignty in Antarctica; (b) a waiver by any Contracting Party of any basis for a claim to territorial sovereignty in Antarctica or a reduction of that basis, which it may have as a result of its activities or activities of its citizens in Antarctica or for other reasons; (c) Prejudicing the position of either Contracting Party with respect to its recognition or non-recognition of the right or claim, or the basis for any other State's claim to territorial sovereignty in Antarctica. 2. No actions or activities taking place while this Treaty is in force form the basis for the declaration, maintenance or denial of any claim to territorial sovereignty in Antarctica and do not create any sovereignty rights in Antarctica. No new claim or expansion of an existing claim to territorial sovereignty in Antarctica will be asserted while this Treaty is in force.
ARTICLE V
I. Any nuclear explosions in Antarctica and the removal of radioactive materials in the area are prohibited. 2. In case of conclusion of international agreements in which all Contracting Parties, whose representatives have the right to participate in meetings, will participate, Article IX, concerning the use of nuclear energy, including nuclear explosions and the disposal of radioactive waste, the rules established by such agreements will apply in Antarctica.
ARTICLE VI
The provisions of this Treaty apply to the area south of the 60th parallel of south latitude, including all ice shelves, but nothing in this Treaty infringes or in any way affects the rights of any State or the exercise of these rights recognized by international law with respect to the high seas within this area.
ARTICLE VII
I. In order to facilitate the achievement of the objectives and to ensure compliance with the provisions of this Treaty, each Contracting Party whose representatives are entitled to participate in the meetings provided for in Article IX of this Treaty shall have the right to appoint observers to conduct any inspection provided for in this Article. Observers must be citizens of the Contracting Parties that appoint them. The names of observers shall be communicated to each of the Contracting Parties having the right to appoint observers; a similar notification shall be made upon the expiration of their appointment. 2. Every observer appointed in accordance with the provisions of paragraph I of this Article shall have full freedom of access at any time to any or all areas of Antarctica, 3. All areas of Antarctica, including all stations, installations and equipment in those areas, as well as all ships and aircraft at points of unloading and loading cargo or personnel in Antarctica, are always open for inspection by any observers designated in accordance with the provisions of paragraph I of this Article. 4. Aerial surveillance may be carried out at any time over any or all areas of Antarctica by each Contracting Party having the right to appoint observers. 5. Upon the entry into force of this Treaty for each of the Contracting Parties, the other Contracting Parties shall inform and further notify them in advance of: a) all expeditions to Antarctica or within Antarctica carried out by its ships or nationals, and all expeditions to Antarctica organized on its territory or heading from its territory; (b) All stations in Antarctica occupied by its nationals; (c) Any military personnel or equipment intended for its deployment to Antarctica in compliance with the conditions provided for in paragraph 2 of Article I of this Treaty.
ARTICLE VIII
I. In order to facilitate the exercise of their functions under this Treaty and without prejudice to the respective position of each Contracting Party regarding jurisdiction over all other persons in Antarctica, observers designated in accordance with the provisions of paragraph I of Article VII and scientific personnel exchanged in accordance with subparagraph I (b) of Article III of the Treaty, as well as personnel, accompanying any such persons are under the jurisdiction only of the Contracting Party of which they are nationals, with respect to all actions or assumptions, taking place during their stay in Antarctica to perform their functions. 2. Without prejudice to the provisions of paragraph I of this Article and before taking action in accordance with the provisions of subparagraph I (e) of Article IX, the Contracting Parties concerned in any dispute concerning the exercise of jurisdiction in Antarctica shall immediately consult with each other with a view to reaching a mutually acceptable solution.
ARTICLE IX
I. Representatives of the Contracting Parties mentioned in the preamble to this Treaty will meet in the city of Canberra no later than two months after the entry into force of this Treaty, and will subsequently meet at intervals and in places to be determined by them, for the purpose of exchanging information, mutual consultations on Antarctic issues of common interest, and as well as developing, reviewing and recommending to their Governments measures that contribute to the implementation of the principles and objectives of this Treaty, including measures regarding: (a) The use of Antarctica only for peaceful purposes; (b) The promotion of scientific research in Antarctica; (c) The promotion of international scientific cooperation in Antarctica; (d) The promotion of the rights of inspection provided for in Article VII of this Treaty; (e) Matters relating to the exercise of jurisdiction in Antarctica; (f) the protection and conservation of living resources in Antarctica. 2. Each Contracting Party that has become a Party to this Treaty by accession in accordance with the provisions of Article XIII has the right to appoint representatives to participate in the meetings referred to in paragraph I of this Article for as long as that Contracting Party expresses its interest in Antarctica in conducting substantial scientific research activities there, such as establishing a scientific station or sending a scientific expedition. 3. The reports of the observers referred to in Article VII of this Treaty shall be sent to the representatives of the Contracting Parties participating in the meetings referred to in paragraph I of this Article. 4. The measures referred to in paragraph I of this Article shall enter into force upon their approval by all the Contracting Parties whose representatives were entitled to participate in the meetings convened to consider these measures. 5. Any or all of the rights set forth in this Treaty may be exercised from the date of entry into force of the Treaty, regardless of whether any measures have been proposed, considered or approved to facilitate the exercise of such rights, as provided for in this Article.
ARTICLE X
Each of the Contracting Parties undertakes to make appropriate efforts consistent with the Charter of the United Nations to ensure that no activities contrary to the principles or objectives of this Treaty are conducted in Antarctica.
ARTICLE XI
I. In the event of any dispute between two or more Contracting Parties concerning the interpretation or application of this Treaty, these Contracting Parties shall consult among themselves with a view to resolving the dispute through negotiation, investigation, mediation, conciliation, arbitration, judicial proceedings or other peaceful means of their own choosing. 2. Any dispute of this kind that is not resolved in this way shall be referred, with the consent in each case of all the parties involved in the dispute, to the International Court of Justice for resolution.; However, unless an agreement is reached to refer the dispute to the International Court of Justice, the parties to the dispute are not exempt from the obligation to continue seeking a solution by any of the various peaceful means specified in paragraph I of this Article.
ARTICLE XII
I. a) This Treaty may be amended or amended at any time by agreement of all the Contracting Parties whose representatives are entitled to participate in the meetings provided for by Article IX. Any such amendment or amendment shall enter into force upon receipt by the depositary Government of a notification of ratification from all such Contracting Parties. (b) Such modification or amendment shall then enter into force in respect of any other Contracting Party upon receipt by the depositary Government of its notification of ratification. Any such Contracting Party from which notification of ratification has not been received within two years from the date of entry into force of the amendment or amendment in accordance with the provisions of subparagraph I (a) of this Article shall be considered as having withdrawn from the Treaty on the date of expiry of this period. 2. (a) If, after the expiration of thirty years from the date of entry into force of this Treaty, any of the Contracting Parties whose representatives are entitled to participate in the meetings provided for by As required by Article IX by means of an application addressed to the depositary Government, a conference of all Contracting Parties will be convened as soon as practicable to consider the operation of the Treaty. (b) Any amendment to this Treaty or any amendment thereto approved at the said conference by a majority of the Contracting Parties represented at it, including a majority of those Parties whose representatives are entitled to participate in the meetings provided for by Article IX, shall be notified by the depositary Government to all Contracting Parties immediately after the end of the conference and shall enter into force in accordance with the provisions of paragraph I of this Article. (c) If any such amendment or amendment does not enter into force in accordance with the provisions of subparagraph (I) (a) of this Article within two years from the date of notification to all Contracting Parties, any Contracting Party may at any time after the expiration of this period notify the depositary Government of its withdrawal from this Treaty; such withdrawal The withdrawal from the Agreement shall become effective upon the expiration of two years from the date of receipt by the depositary Government of this notification.
ARTICLE XIII
I. This Treaty is subject to ratification by the signatory States. The Treaty is open for accession by any State that is a Member of the United Nations, or any other State that may be invited to accede to the Treaty with the consent of all the Contracting Parties whose representatives are entitled to participate in the meetings provided for by Article IX of this Treaty. 2. Each State shall ratify or accede to this Treaty in accordance with its constitutional procedure. 3. The instruments of ratification and accession shall be deposited with the Government of the United States of America, which is the depositary Government. 4. The depositary Government shall notify all States that have signed and acceded to the Treaty of the date of deposit of each instrument of ratification or accession, as well as the date of entry into force of the Treaty and any modification or amendment thereto. 5. Upon the deposit of instruments of ratification by all signatory States, this Treaty will enter into force for these States and for States that have deposited instruments of accession. Thereafter, the Treaty shall enter into force for any acceding State upon the deposit of its instrument of accession. 6. This Treaty will be registered by the depositary Government in accordance with the provisions of Article 102 of the Charter of the United Nations.
ARTICLE XIV
This Treaty, drawn up in English, French, Russian and Spanish, each text being equally authentic, shall be deposited in the archives of the Government of the United States of America, which shall transmit duly certified copies of the Treaty to the Governments of the signatory or acceding States.
President
Republic of Kazakhstan
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