On Friday, 21 August 2020, the President of the Republic of Chile, Mr Sebastián Piñera, enacted the New Chilean Antarctic Statute, which is aimed at providing efficient regulations regarding the actions of Chile in the Antarctica, oriented at securing sovereignty and guaranteeing a modern institutional framework through legal and administrative tools, as well as promoting an efficient coordination between public and private bodies with sectoral involvement linked to the Antarctic, in order to take the Nacional Antarctic Policies forward with a coordinated and long-term view within the State and in compliance with the international commitments.

The new Antarctic regulations are remarkable in at least 5 relevant aspects to the country.

First, it strengthens and fully ratifies Chile’s sovereignty over the Chilean Antarctic Territory as enacted in the 1940 delimitation and updates it on aspects such as the continental shelf, the extended continental shelf and all the pertinent maritime spaces in accordance with International Law.

Second, it righteously includes and includes the Antarctic Treaty of 1959, Chile being one of the 12 original signatory countries. For this reason, one of the objectives of the Chilean Antarctic Statute is to promote the protection and care of the Antarctic environment and its dependent and associated ecosystems, as well as safeguard its condition as natural reservoir, devoted to peace and scientific research by way of the strengthening and deepening of the Antarctic Treaty System (ATS). These new regulations fully embrace the principles and standards of all the international conventions thereto.

Third, it creates a complete Antarctic Institutional Framework structured on a 10-year term National Antarctic Policy prepared within the National Antarctic Policy Council with representatives of the different Ministries with jurisdiction in the Antarctic, such as the Ministry of Foreign Affairs, Ministry of National Defence and the newly created Ministry of Science, Technology, Knowledge and Innovation, the Armed Forces, Joint Chiefs of Staff of Chile, the Chilean Antarctic Institute, the Regional Presidential Delegate, the Regional Governor of the Magallanes and Chilean Antarctic Region, and representatives of the Council of Rectors of Chilean Universities, among others. This policy, of at least a 5-year term, is being included in the Antarctic Strategic Plans, and shall comprise specific tasks and actions that will be implemented every year by the National Antarctic Program.

It also recognises the actions of the Chilean Antarctic State Operators, such as the Armed Forces and the Chilean Antarctic Institute, and also of non-state operators, whose actions are bound by regulatory framework.

Fourth, these unprecedented regulations do not only have a national approach, but also deepen the regional perspective. Hence, one of the objectives of the Chilean Antarctic Statute is to promote the activities in the Chilean Antarctic by fostering the social and economic development in the Magallanes and Chilean Antarctic Region. Likewise, the Regional Presidential Delegate and the Regional Government are entrusted with important duties reasserting that the Chilean Antarctic Territory is part of said Region.

Finally, and maybe one of the most relevant aspects, it focuses not only on the foregoing, but on the process of creation, thus acquiring a democratic and State legitimacy. In point of fact, after six years of processing, a thorough examination of its content, the relevant contributions from members of congress from all the political parties, good faith and privileging the country’s welfare, allowed the unanimous approval of the regulations from each of the legislative commissions working in this matter. Even the Supreme Court contributed with their opinion, shedding light on the fact that these regulations met the high levels of the State and was prepared by all the powers.