Can the Antarctic Treaty create erga omnes oglibations enforceable under international law applicable to third party states?
Degree GrantorUniversity of Canterbury
Degree LevelPostgraduate Certificate
Degree NamePostgraduate Certificate in Antarctic Studies
The ability to enforce treaty obligations on third party States has always been a complex and difficult task legally. The Antarctic Treaty is no different and comes with further complications as there is no sovereign body, with overall control of the region, to champion the process. Further, it is recognised widely that Antarctica plays a fundamental role in the environmental health of the globe, and plays a vital role as a laboratory where scientific research is carried out to address issues that impact the whole world. The following are two of those issues: illegal, unreported and unregulated fishing in the southern oceans and the growing hole in the ozone layer over Antarctica. In the instances above, and others, the issue of enforceability on third party states becomes so much more relevant. This essay will explore the Antarctic Treaty and only two of many doctrines of international law, with regard to the Antarctic treaty and explore their ability to enforce erga omnes obligations.