header-logo header-logo

08 October 2021 / Mark Pawlowski
Issue: 7951 / Categories: Features , Profession
printer mail-detail

Antarctica: no man’s land… for now?

60027
Mark Pawlowski considers some of the problems associated with territorial claims to Antarctica

Below 60 degrees latitude lies the immense continent of Antarctica. It covers almost one-tenth of the Earth’s surface and supports the greatest mass of ice in the world. Its isolation, the stormy nature of the intervening seas and, above all, Antarctica’s extreme climate, explain why it has been difficult to reach and explore until relatively modern times. It has also posed a challenge to traditional international law because its unique features make it impossible to apply the usual methods for establishing (and perfecting) claims of territorial sovereignty.

Antarctica currently has no permanent population and, therefore, it has no citizenship nor government. Personnel present in Antarctica at any time are almost always citizens or nationals of some sovereignty outside Antarctica, as there is no Antarctic sovereignty.

Sovereignty problems

Historically, if newly-found lands were res nullius (ie belonging to no one), then a discoverer could claim them in the name of their sovereign. Discovery alone, however, produced only

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll