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Snapshot

  • The international legal governance of Antarctica has long been viewed as a model for effective global cooperation under a treaty-based framework, but it is now under increasing strain.
  • The Antarctic Treaty System is struggling to deal with contemporary issues, such as sustainable fishing and tourism, while modern geopolitical dynamics are also at play.
  • This article discusses these issues, the recent parliamentary inquiry into Australia’s role in Antarctic governance and what all of this reflects on the wider treaty-based international law framework.

The legal status of Antarctica is a mystery for most Australians and probably for many Australian lawyers. While the Australian Antarctic Territory (‘AAT’) is officially an external territory of Australia, it is rarely visited by most Australians. Some Australian scientists live there for no more than a year at one of the three Australian Antarctic research stations. An even smaller group of Australian tourists may have visited one of those research stations at Casey, Davis and Mawson.

Antarctica has historically been a legal conundrum with a bespoke legal system that has developed to reflect Australian’s particular legal interests in tandem with those of the global community, especially with respect to environmental protection and resource management. The legal framework is founded on a mix of Australian law and international law, particularly the 1959 Antarctic Treaty (‘the Treaty’). The Treaty has been the foundation of a legal regime that has proven to be particularly successful in reflecting Australia’s Antarctic interests and goals, including Australian sovereignty over the AAT.

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