International Law

Antarctica in International Law

Edited by Ben Saul · Tim Stephens
Hart Publishing March 2015

Specifications

ISBN-13
9781849467315
Publisher
Hart Publishing
Publication
March 2015
Format
Paperback , 932 pages
Jurisdiction
International ? Countri(es) for reference only

Details

Antarctica, one of the world's last great wildernesses, presents special challenges for international law. Fears that Antarctica would become a front in the Cold War catalysed agreement on the 1959 Antarctic Treaty which neither legitimised nor challenged the existing sovereign claims to the continent. The unique Antarctic Treaty System has provided the foundation for peaceful, harmonious and effective governance. There are, however, new anxieties about the frozen continent and the Southern Ocean. Antarctica already feels the effects of climate change and ocean acidification. Claimant states assert rights to the Antarctic continental shelf and interest in Antarctic resources grows. Tourism brings new environmental and safety risks. China and other powers are increasing their activities, with some questioning the consensus of the 'Antarctic club'. Security concerns are increasingly discussed, despite Antarctica's dedication to peaceful purposes. This book brings together the main primary international materials concerning the regulation and governance of Antarctica, including multilateral and bilateral treaties, United Nations materials, 'soft laws' and judicial decisions. It covers the spectrum of Antarctic issues from environmental protection to scientific cooperation to tourism. As it shows, Antarctic law has constantly adapted to meet new challenges and is a sophisticated, inclusive, dynamic and responsive regime.

Table of Contents

PART 1: International Instruments of the Antarctic Treaty System (ATS)
Other International Instruments of the ATS
PART 2: Secretariat of the Antarctic Treaty
PART 3: Antarctic Treaty Consultative Meetings (ATCM) (1963-2013)
Other Selected ATCM Instruments
Other ATCM Materials
PART 4: Committee for Environmental Protection under the 1991 Protocol (CEP)
Selected ATCM Instruments Related to CEP Issues
PART 5: Commission for the Conservation of Antarctic Marine Living Resources under the 1980 Convention (CCAMLR)
Conservation Measures in Force 2013-2014:
Category 10 - Compliance
Category 11 - Notifications
Category 22 - Gear Regulations
Category 23 - Data Reporting
Category 24 - Research and Experiments
Category 25 - Minimisation of Incidental Mortality
Category 26 - Environmental Protection
Category 31 - General Measures
Category 32 - Fishing Seasons, Closed Areas and Prohibition of Fishing
Category 33 - By-catch Limits
Category 91 - Protected Areas
PART 6: Council of Managers of National Antarctic Programs (COMNAP)
PART 7: Other International Instruments Relevant to Antarctica Treaties Other Instruments
PART 8: United Nations General Assembly Resolutions
PART 9: Other United Nations Documents
PART 10: Judicial Proceedings
A. International Cases
B. Domestic Cases
Part 11: National Submissions to the Commission on the Limits of the Continental Shelf (CLSC) concerning Antarctic Territorial Claims Australia New Zealand United Kingdom France Argentina Norway
Part 12: Bilateral Agreements

About the Author

Ben Saul is Professor of International Law at the University of Sydney.
Tim Stephens is an Associate Professor in Law at the University of Sydney.

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