The Regulation of Southern Ocean Whaling: What Role for the Antarctic Treaty System?

Author(s):  
Donald R. Rothwell ◽  
Tim Stephens
2015 ◽  
Vol 7 (1) ◽  
pp. 55-82 ◽  
Author(s):  
Ben Saul ◽  
Tim Stephens

One aspect of the ‘Asian Century’ has been the growing interest from Asian states in Antarctica and the Southern Ocean that surrounds the continent. There has been a significant shift in the approach by a number of Asian states to the Antarctic Treaty and the Antarctic Treaty System (ATS) that has been built upon and around it. While Asian states continue to be under-represented in the ATS (there are seven Asian state parties to the Antarctic Treaty), participation has grown, and more significantly the view that the ATS is an ‘exclusive club’ dominated by developed states has given way to a more pragmatic, more cooperative and less ideological approach to Antarctic affairs. Broadening ATS membership and increasing interest from existing Asian state parties to the ATS, most notably China, prompts questions as to whether there are distinctive Asian–Antarctic issues, and if so whether the Antarctic regime can evolve to address them. Specifically, are the governance and law-making processes of the ATS, which have not changed significantly for decades, up to the task of providing an effective international system of Antarctic management in this Asian Century?


Polar Record ◽  
2020 ◽  
Vol 56 ◽  
Author(s):  
Mengzhu Zhang ◽  
Marcus Haward ◽  
Jeffrey McGee

Abstract Marine plastic pollution is increasing prominence in current discussions on the governance of the world’s oceans. The Southern Ocean is geographically remote but is still significantly impacted by plastic pollution. Plastic pollution in the Southern Ocean can derive from a variety of sources, including waste from research stations and fishing operations within the Treaty Area and, through transport by ocean currents and wind-generated water movements, from outside the Treaty Area. While there is a growing academic literature on marine plastic pollution in Antarctic, there is less attention to date on the response of the Antarctic Treaty System (ATS) to this issue. This paper analyses how the ATS has engaged with the issue of plastic waste in general, and marine plastic pollution more particularly, from the entry into force of the Protocol on Environmental Protection to the Antarctic Treaty in 1998–2019. Our results indicate that from 2017 the ATS has shown increased attention towards addressing locally sourced marine plastic pollution. A significant problem, however, remains with the respect to marine plastic pollution originating from outside Antarctic Treaty Area that requires a governance response from outside the ATS.


Polar Record ◽  
2005 ◽  
Vol 41 (2) ◽  
pp. 113-124 ◽  
Author(s):  
Rohan Tepper ◽  
Marcus Haward

This paper examines the development of Malaysia's position on the ‘Question of Antarctica’ and its relationship to the Antarctic Treaty System (ATS). Malaysia's challenges to, and criticisms of, the Antarctic Treaty Consultative Parties (ATCPs) are mapped from 1982 to 2004, indicating a shift from challenging the ATS to engagement with the ATCPs. The paper highlights how Malaysia's position on the ‘Question of Antarctica’ reflected a mix between domestic political concerns and its international and regional interests. The mix between domestic and international interests is reflected in the ongoing involvement of Malaysian Prime Minister Mahathir bin Mohamad, including his retirement in 2003, in shaping Malaysia's position, from initiating the challenge to the ATS in 1982 to recommending that Malaysia join the ATS in 2004. Mahathir's domestic agenda, most notably through Malaysia's ‘Vision 2020’ development program is identified as providing an impetus for change, increasing Malaysian scientific interest in Antarctica and the Southern Ocean.


2021 ◽  
pp. 135406612110338
Author(s):  
Joanne Yao

The Antarctic Treaty System (ATS), created in 1959 to govern the southern continent, is often lauded as an illustration of science’s potential to inspire peaceful and rational International Relations. This article critically examines this optimistic view of science’s role in international politics by focusing on how science as a global hierarchical structure operated as a gatekeeper to an exclusive Antarctic club. I argue that in the early 20th century, the conduct of science in Antarctica was entwined with global and imperial hierarchies. As what Mattern and Zarakol call a broad hierarchy, science worked both as a civilized marker of international status as well as a social performance that legitimated actors’ imperial interests in Antarctica. The 1959 ATS relied on science as an existing broad hierarchy to enable competing states to achieve a functional bargain and ‘freeze’ sovereignty claims, whilst at the same time institutionalizing and reinforcing the legitimacy of science in maintaining international inequalities. In making this argument, I stress the role of formal international institutions in bridging our analysis of broad and functional hierarchies while also highlighting the importance of scientific hierarchies in constituting the current international order.


Formidable legal and administrative complexities arise from conflicting claims to jurisdiction and the continued absence of generally recognized sovereignty over much of the region. Existing conservation measures fall into three groups: elaborate laws made by governments claiming Antarctic territories, more restricted laws, and simple instructions for particular expeditions. The Antarctic Treaty, 1959, made it possible to begin coordinating all these separate instruments. No claimed jurisdiction has been surrendered or recognized: each government has started to harmonize its own control measures with the ‘Agreed Measures for the Conservation of Antarctic Fauna and Flora’, 1964. This scheme applied only to land areas and has since been evolving in the light of experience. Although not yet formally approved by all the governments concerned, it is working effectively by voluntary agreement. Different approaches are necessary for conservation of Southern Ocean resources, especially krill. A start has been made with the ‘ Convention for the Conservation of Antarctic Seals’, 1972. There are many outstanding problems: all require effective cooperation between scientific and legal advisers, diplomats and politicians. Mention is made of recent British conservation legislation for South Georgia, the Falkland Islands and the Tristan da Cunha group. Some of the next steps are outlined.


Sign in / Sign up

Export Citation Format

Share Document