Australia, the Antarctic Treaty and the Law of the Sea

2010 ◽  
Vol 2 (1) ◽  
pp. 32-33
Author(s):  
Marcus Haward ◽  
Tony Press
Keyword(s):  
Law Of The Sea ◽  
Antarctic Treaty ◽  
The Law ◽  
The Antarctic

The Plenitude of Nature and Sovereignty

2019 ◽  
pp. 139-168
Author(s):  
Alessandro Antonello
Keyword(s):  
United Nations ◽  
Balance Of Power ◽  
Law Of The Sea ◽  
Food And Agriculture ◽  
Food And Agriculture Organization ◽  
Antarctic Treaty ◽  
The United Nations ◽  
The Law ◽  
The Antarctic

This chapter investigates how the foundational tension of Antarctic geopolitics over sovereignty and territory fared in the context of discussions on mineral and marine living resources in the 1970s. It investigates how the Antarctic Treaty parties fought off concerted interests from forums and states outside the treaty, including the Non-Aligned Movement within the United Nations Conference on the Law of the Sea and the Food and Agriculture Organization, and growing international environmentalist organizations. It also investigates how the Antarctic Treaty parties tried to shift the balance of power among themselves, especially between the claimant and nonclaimant states. In the end, the Antarctic Treaty parties as a whole secured the treaty from outside forces, and the claimant states successfully perpetuated their ideas about sovereignty and territory in the changing context of the UN Law of the Sea against the acquiescent nonclaimants.

scholarly journals The Continental Shelf of Antarctica: Implications of the Requirement to Make a Submission to the CLCS under Article 76 of the LOS Convention

2002 ◽  
Vol 17 (4) ◽  
pp. 485-520 ◽  
Author(s):  
Alex G. Oude Elferink
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Legal Status ◽  
Law Of The Sea ◽  
Outer Limit ◽  
Antarctic Treaty ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
The Antarctic

AbstractThis article looks at the question of how the obligation of states parties to the United Nations Convention on the Law of the Sea to submit information on the outer limit of their continental shelf to the Commission on the Limits of the Continental Shelf and the regime established by the Antarctic Treaty can be reconciled. Under the latter Treaty states have 'agreed to disagree' about the legal status of Antarctica. The establishment of an outer limit of the continental shelf on the basis of the recommendations of the Commission on the Limits of the Continental Shelf would pose a threat to this agreement to disagree as it would recognise the existence of coastal states and maritime zones. The article sets out the options of the states involved to deal with this issue. It is concluded that there are a number of approaches which safeguard the rights of coastal states under the United Nations Convention on the Law of the Sea and the agreement to disagree of the Antarctic Treaty.

The Antarctic Treaty and the law of the sea: fifty years on

Polar Record ◽  
2009 ◽  
Vol 46 (1) ◽  
pp. 14-17 ◽  
Author(s):  
Christopher C. Joyner
Keyword(s):  
Decision Makers ◽  
Law Of The Sea ◽  
Antarctic Treaty ◽  
The Law ◽  
The Antarctic ◽  
New Strategies ◽  
Antarctic Treaty System

Since the Antarctic Treaty was negotiated in 1959, it has undergone major substantive legal transformations as it grew into a multifaceted regime known as the Antarctic Treaty system. Many of those transformations stemmed from actions by the principal decision makers, the Antarctic Treaty Consultative Parties (ATCPs), as they adopted new strategies and values alongside binding legal agreements for managing their activities in circumpolar southern waters. This essay examines the evolution of the modern law of the sea and seeks to explain how it embellished (has it at times challenged?) the character, significance and purposes of the Antarctic Treaty.

Do the Continental Shelf Developments Challenge the Polar Regimes?

2009 ◽  
Vol 1 (1) ◽  
pp. 477-497
Author(s):  
Timo Koivurova
Keyword(s):  
Continental Shelf ◽  
The Arctic ◽  
Law Of The Sea ◽  
Polar Regions ◽  
Arctic Council ◽  
Antarctic Treaty ◽  
The Law ◽  
The Antarctic ◽  
Made In ◽  
Antarctic Treaty System

Abstract The article will provide a study of the continental shelf submissions that have been made in the polar regions and an evaluation as to whether these pose a challenge to the two polar regimes: the Arctic Council and the Antarctic Treaty System. This will be done by comparing these regimes, examining the development of the law of the sea as regards seabed rights and studying what sort of challenge the polar regimes face from the continental shelf activity in both polar regions and how serious that challenge is. Conclusions are finally drawn as to what types of effects may ensue for the polar regimes from the continental shelf submissions by various states.

scholarly journals Antarctic politics and Antarctic science — are they at loggerheads?

1991 ◽  
Vol 3 (2) ◽  
pp. 123-123
Author(s):  
John A Heap
Keyword(s):  
Legal Framework ◽  
Scientific Investigation ◽  
Antarctic Treaty ◽  
The Creation ◽  
The Law ◽  
The Many ◽  
The Antarctic ◽  
Antarctic Environment

“Antarctica shall be used for peaceful purposes only …… Freedom of scientific investigation and co-operation toward that end …… shall continue, subject to the provisions of the present Treaty.”These are the fundamental objectives of the Antarctic Treaty as expressed in Articles I and II. What follows in the Treaty, and in most of the many “Recommendations” to the Governments of Antarctic Treaty Consultative Parties (ATCPs), is aimed at securing these objectives by the creation of a framework of law. Unusually for a system of laws, most of this legal framework is hortatory rather than mandatory in character - it cajoles rather than orders. Perhaps not surprisingly this has given rise to damaging suggestions about its ability to provide adequate protection for the Antarctic environment. The response of the ATCPs to this criticism has been to embark on a review of existing Antarctic law, to make it more consistent, reduce overlaps and more especially, make much of it mandatory. This process began at the XIth Special Antarctic Treaty Consultative Meeting in Chile last November. Since it aims to provide greater clarity, accessibility and certainty in the law, it must be welcomed. But within these admirable objectives a prospect of loggerheads begins to loom.

Sign in / Sign up

Export Citation Format

Share Document