2. Each Contracting Party which has become a party to the present Treaty by accession under Article XIII shall be entitled to appoint representatives to participate in the meetings referred to in paragraph 1 of the present Article, during such time as that Contracting Party demonstrates its interest in Antarctica by conducting substantial scientific research activity there, such as the establishment of a scientific station or the despatch of a scientific expedition.

3. Reports from the observers referred to in Article VII of the present Treaty shall be transmitted to the representatives of the Contracting Parties participating in the meetings referred to in paragraph 1 of the present Article.

4. The measures referred to in paragraph 1 of this Article shall become effective when approved by all the Contracting Parties whose representatives were entitled to participate in the meetings held to consider those measures.

5. Any or all of the rights established in the present Treaty may be exercised as from the date of entry into force of the Treaty whether or not any measures facilitating the exercise of such rights have been proposed, considered or approved as provided in this Article.

Article X

Each of the Contracting Parties undertakes to exert appropriate efforts, consistent with the Charter of the United Nations, to the end that no one engages in any activity in Antarctica contrary to the principles or purposes of the present Treaty.

Article XI

1. If any dispute arises between two or more of the Contracting Parties concerning the interpretation or application of the present Treaty, those Contracting Parties shall consult among themselves with a view to having the dispute resolved by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement or other peaceful means of their own choice.

2. Any dispute of this character not so resolved shall, with the consent, in each case, of all parties to the dispute, be referred to the International Court of Justice for settlement; but failure to reach agreement on reference to the International Court shall not absolve parties to the dispute from the responsibility of continuing to seek to resolve it by any of the various peaceful means referred to in paragraph 1 of this Article.

Article XII

1. (a) The present Treaty may be modified or amended at any time by unanimous agreement of the Contracting Parties whose representatives are entitled to participate in the meetings provided for under Article IX. Any such modification or amendment shall enter into force when the depositary Government has received notice from all such Contracting Parties that they have ratified it.

(b) Such modification or amendment shall thereafter enter into force as to any other Contracting Party when notice of ratification by it has been received by the depositary Government. Any such Contracting Party from which no notice of ratification is received within a period of two years from the date of entry into force of the modification or amendment in accordance with the provisions of subparagraph 1(a) of this Article shall be deemed to have withdrawn from the present Treaty on the date of the expiration of such period.

2. (a) If after the expiration of thirty years from the date of entry into force of the present Treaty, any of the Contracting Parties whose representatives are entitled to participate in the meetings provided for under Article IX so requests by a communication addressed to the depositary Government, a Conference of all the

Contracting Parties shall be held as soon as practicable to review the operation of the Treaty.

(b) Any modification or amendment to the present Treaty which is approved at such a Conference by a majority of the Contracting Parties there represented, including a majority of those whose representatives are entitled to participate in the meetings provided for under Article IX, shall be communicated by the depositary Government to all the Contracting Parties immediately after the termination of the Conference and shall enter into force in accordance with the provisions of paragraph 1 of the present Article.

(c) If any such modification or amendment has not entered into force in accordance with the provisions of subparagraph 1(a) of this Article within a period of two years after the date of its communication to all the Contracting Parties, any Contracting Party may at any time after the expiration of that period give notice to the depositary Government of its withdrawal from the present Treaty; and such withdrawal shall take effect two years after the receipt of the notice of the depositary Government.

Article XIII

1. The present Treaty shall be subject to ratification by the signatory States. It shall be open for accession by any State which is a Member of the United Nations, or by any other State which 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 under Article IX of the Treaty.

2. Ratification of or accession to the present Treaty shall be effected by each State in accordance with its constitutional processes.

3. Instruments of ratification and instruments of accession shall be deposited with the Government of the United States of America, hereby designated as the depositary Government.

4. The depositary Government shall inform all signatory and acceding States of the date of each deposit of an instrument of ratification or accession, and the date of entry into force of the Treaty and of any modification or amendment thereto.

5. Upon the deposit of instruments of ratification by all the signatory States, the present Treaty shall enter into force for those States and for States which 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. The present Treaty shall be registered by the depositary Government pursuant to Article 102 of the Charter of the United Nations.

Article XIV

The present Treaty, done in the English, French, Russian and Spanish languages, each version being equally authentic, shall be deposited in the archives of the Government of the United States of America, which shall transmit duly certified copies thereof to the Governments of the signatory and acceding States.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, duly authorized, have signed the present Treaty.

DONE at Washington this first day of December, one thousand nine hundred and fifty-nine.

Memorandum of Understanding Between the United States of America and the Union of Soviet Socialist Republics Regarding the Establishment of a Direct Communications Link (With Annex)

The need for assuring quick and reliable communication directly between the heads of government of nuclear-weapons states first emerged in the context of efforts to reduce the danger that accident, miscalculation, or surprise attack might trigger a nuclear war. These risks, arising out of conditions which are novel in history and peculiar to the nuclear-armed missile age, can of course threaten all countries, directly or indirectly.

The Soviet Union had been the first nation to propose, in 1954, specific safeguards against surprise attack; it also expressed concern about the danger of accidental war. At Western initiative, a Conference of Experts on Surprise Attack was held in Geneva in 1958, but recessed without achieving conclusive results, although it stimulated technical research on the issues involved.

In its "Program for General and Complete Disarmament in a Peaceful World," presented to the General Assembly by President Kennedy on September 25, 1961, the United States proposed a group of measures to reduce the risks of war. These included advance notification of military movements and maneuvers, observation posts at major transportation centers and air bases, and additional inspection arrangements. An international commission would be established to study possible further measures to reduce risks, including "failure of communication."

The United States draft treaty outline submitted to the ENDC1 on April 18, 1962, added a proposal for the exchange of military missions to improve communications and understanding. It also proposed "establishment of rapid and reliable communications" among the heads of governments and with the Secretary General of the United Nations.

The Soviet draft treaty on general and complete disarmament (March 15, 1962) offered no provisions covering the risk of war by

'Eighteen-Nation Disarmament Committee, which met at Geneva from 1962 on. In 1969, with the addition of new members, the name was changed to Conference of the Committee on Disarmament (CCD). A yet larger group, the Committee on Disarmament, was established in 1978-79.

surprise attack, miscalculation, or accident; on July 16, however, it introduced amendments to its draft that called for (1) a ban on joint maneuvers involving the forces of two or more states and advance notification of substantial military movements, (2) exchange of military missions, and (3) improved communications between heads of governments and with the U.N. Secretary General. These measures were not separable, however, from the rest of the Soviet program.

The Cuban missile crisis of October 1962 compellingly underscored the importance of prompt, direct communication between heads of states. On December 12 of that year, a United States working paper submitted to the ENDC urged consideration of a number of measures to reduce the risk of war; these measures, the United States argued, offered opportunities for early agreement and could be undertaken either as a group or separately. Included was establishment of communication links between major capitals to insure rapid and reliable communication in times of crisis. The working paper suggested that it did not appear either necessary or desirable to specify in advance all the situations in which a special communications link might be used:

... In the view of the United States, such a link should, as a general matter, be reserved for emergency use; that is to say, for example, that it might be reserved for communications concerning a military crisis which might appear directly to threaten the security of either of the states involved and where such developments were taking place at a rate which appeared to preclude the use of normal consultative procedures. Effectiveness of the link would not be degraded through use for other matters.

On June 20, 1963, at Geneva the American and Soviet representatives to the ENDC completed negotiations and signed the "Memorandum of Understanding Between the United States of America and the Union of Soviet Socialist Republics Regarding the Establishment of a Direct Communications Link." The memorandum provided that each government should be responsible for arrangements for the link on its own territory, including continuous functioning of the link and prompt delivery of communications to its head of government. An annex set forth the routing and components of the link and provided for allocation of costs, exchange of equipment, and other technical matters. The direct communications link would comprise:

(1) two terminal points with teletype equipment,

(2) a full-time duplex wire telegraph circuit (WashingtonLondon-Copenhagen-Stockholm-Helsinki-Moscow),

(3) a full-time duplex radiotelegraph circuit (WashingtonTangier-Moscow).