Organizational Tendency of Antarctic treaty System: A Perspective of International Law
Degree GrantorUniversity of Canterbury
Degree LevelPostgraduate Certificate
Degree NamePostgraduate Certificate in Antarctic Studies
Antarctic Treaty system" means the Antarctic Treaty, the measures in effect under that Treaty,its associated separate international instruments in force and the measures in effect underthose instruments. In the past 56 years, the Antarctic Treaty System take the responsibility togovernance the Antarctic. From the very beginning, the treaty was signed to solve the historicalproblem instead of blueprint the future. With the development of new technology and internationallaw system, the treaty system itself began to face the challenge not only from externalbut from the internal. The typical argument aroused in 1980s, which almost lead theAntarctic governance under United Nations' framework. Although the problem was settleddown and lead to the development of the new instruments for regional governance, as the definitionquestion about the Antarctic itself still exist in the international law system, the possibilityof further conflicts still exist. On the other hand, further developments about the governanceinstruments also face the challenge about legality. The lack of conflict resolutionmechanisms is also a problem needs to be focus, since this may leads to potential conflicts ofjurisdiction but for the treaty system, still has no legal capability to solve. Since the Antarcticis a region without authority, the governance of this area is comprehensive, it should cover allthe departments may related to, and not a single international law department could handle.Thus, in order to build a sustainable and reliable governance system, the organizational tendencymay a possible direction for the Antarctic Treaty System further development.
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