Foreign Relations of the United States, 1955–1957, United Nations and General International Matters, Volume XI

335. Paper Prepared in the Office of the Legal Adviser, Department of State¹

Washington, October 3, 1957.

QUESTIONS TO BE RAISED AT FOUR POWER TALKS CONCERNING AN ANTARCTIC CONDOMINIUM

1. It would be possible for a condominium to be established in which all members merge whatever claims of sovereignty they possess and retain undivided equal fractional shares of sovereignty over the entire condominium area. What reactions to this?

2. Should there be parallel administration by condominium members over separate portions of the condominium area, or should some form of international commission administer the entire area?

3. If an Antarctic Commission were established to administer a condominium, should there exist a veto power on the part of one state?

4. What should be the basic functions of an Antarctic Commission?

(a) Collection and dissemination of information?

(b) Planning and coordination of scientific activity?

(c) Planning and coordination of exploration for and exploitation of natural resources?

5. If the condominium had as a function the planning and coordination of scientific activity, should the commission have mainly advisory and consultative powers with respect to states which voluntarily wished to engage in Antarctic activities and have regulatory power only in the event that two states wished to use the same camp site or area on an expedition but did not wish to undertake a joint expedition?

6. If the commission were to have as a function the planning and coordination of exploration for and exploitation of natural resources:

(a) Should the condominium commission be vested with title, as distinguished from sovereignty, to all condominium lands?

(b) Should it be agreed that all member states shall have equal opportunity to share equally in any of the possible benefits from resources exploitation?

7. Should the condominium area be neutralized, in a military sense, in that armaments, weapons or ammunition, other than that required for killing of animals and police purposes, would be barred from introduction into the condominium area?

8. Should the expense of the condominium be shared equally?

9. Concerning judicial matters:

(a) Should disputes between states or between a state and the commission be subject to decision by the ICJ?

(b) Should criminal jurisdiction over persons committing crimes in the condominium area be retained by the state of the nationality of the criminal?

10. Should the condominium agreement be of indefinite duration, but subject to periodic review?

1. Source: Department of State, Central Files, 702.022/10–357. Secret. Drafted by Alan F.Neidle.