Antarctic Treaty System
The law of the United States, including certain criminal offenses by or against U.S. nationals, such as murder, may apply to areas not under jurisdiction of other countries. To this end, the United States now stations special deputy U.S. Marshals in Antarctica to provide a law enforcement presence.[4]
Some U.S. 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 or statute:
- the taking of native Antarctic mammals or birds
- the introduction into Antarctica of non-indigenous plants and animals
- entry into specially protected or scientific areas
- the discharge or disposal of pollutants into Antarctica or Antarctic waters
- the importation into the U.S. of certain items from Antarctica
Violation of the Antarctic Conservation Act carries penalties of up to US$10,000 in fines and one year in prison. The Departments of Treasury, Commerce, Transportation, and Interior share enforcement responsibilities.
Public Law 95-541, the Antarctic Conservation Act of 1978, requires expeditions from the U.S. to Antarctica to notify, in advance, the Office of Oceans and Polar Affairs of the State Department, which reports such plans to other nations as required by the Antarctic Treaty.
A dispute which may test the criminal jurisdiction is presently in progress as a result of the death of Australian national Dr Rodney Marks in May 2000. Dr Marks died while wintering over at the American-run Amundsen-Scott South Pole Station (which is not on the geographic South Pole, but within the Ross Dependency claimed by New Zealand). Prior to autopsy, the death was attributed to natural causes by the National Science Foundation and the contractor administering the base. However, an autopsy in New Zealand revealed that Dr Marks died from methanol poisoning. The New Zealand Police launched an investigation. In 2006, frustrated by lack of progress, the Christchurch Coroner said that it was unlikely that Dr Marks ingested the methanol knowingly, although there is no certainty that he died as the direct result of the act of another person. During media interviews, the police detective in charge of the investigation criticized the National Science Foundation and contractor Raytheon for failing to co-operate with the investigation.[5][6][7]
Further information is provided by the Office of Polar Programs of the National Science Foundation.
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Notes
- ^ Information about the Antarctic Treaty and how Antarctica is governed.. 70South (2005-12-28). Retrieved on 2007-06-03.
- ^ Antarctic Treaty Secretariat
- ^ Australian Antarctic Division - Australian environmental law and guidelines
- ^ Marshals and Antarctica
- ^ Chapman, Paul. "New Zealand Probes What May Be First South Pole Murder". The Daily Telegraph, December 14, 2006, reprinted in The New York Sun, December 19, 2006. Retrieved on 2006-12-19.
- ^ Booker, Jarrod. "South Pole scientist may have been poisoned". The New Zealand Herald, December 14, 2006. Retrieved on 2006-12-19.
- ^ "South Pole Death Mystery - Who killed Rodney Marks?" Sunday Star Times, January 21, 2007
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See also
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External links
- Australian Antarctic Territory
- 70South: Info on the Antarctic Treaty
- Antarctic Treaty Secretariat
- Full Text of the Antarctic Treaty
- National Science Foundation - Office of Polar Programs
- List of all Antarctic Treaty Consultative Meetings
- An Antarctic Solution for the Koreas San Diego Union-Tribune, August 25, 2005 (Both South Korea and North Korea are members of the Antarctic Treaty)
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