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Edited Legal Collections Data |
Book Title: Research Handbook on International Law and Natural Resources
Editor(s): Morgera, Elisa; Kulovesi, Kati
Publisher: Edward Elgar Publishing
ISBN (hard cover): 9781783478323
Section: Chapter 21
Section Title: Antarctica resources: Economic activities in Antarctica – resources and legal regimes
Author(s): Jabour, Julia
Number of pages: 15
Abstract/Description:
Antarctica and the Southern Ocean are treated, for the purposes of this work, as areas beyond national jurisdiction. The legal situation is sui generis, however and as a precursor to discussing regulation and management of access to Antarctic resources, it is necessary to describe the 1959 Antarctic Treaty and its components, and the system of legal rules that originate from the Treaty. The two economically viable natural resources in Antarctica are fish and tourism amenity, and both are discussed with reference to the existing and proposed regulations that apply, particularly through the Convention on the Conservation of Antarctic Marine Living Resources, and the International Maritime Organization’s Polar Code. Other potential commercial resources, such as biological material and processes, minerals, ice, and results from scientific research are mentioned but not examined in detail. The chapter concludes that despite Antarctica being sovereign-neutral, a free-for-all over access to its resource riches has not eventuated because of the significant level of both regulation and good will that currently exist. The conclusion does not ignore the fact that changing political, economic and environmental conditions will bring extra challenges to Antarctic governance in the future.
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URL: http://www.austlii.edu.au/au/journals/ELECD/2016/1352.html