header-logo header-logo

Antarctica: no man’s land… for now?

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll