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

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll