Московский журнал международного права (Dec 2007)

From the History of the Evolution of the International Legal Regime of Antarctic

  • A. V. Ovlascenko

DOI
https://doi.org/10.24833/0869-0049-2007-4-245-259
Journal volume & issue
Vol. 0, no. 4
pp. 245 – 259

Abstract

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When the Antarctic Treaty was concluded in 1959 it was primarily intended to exclude the possibility of conflict in the region. Its main provisions concerned the use of Antarctic for peaceful purposes, the conduct of sсientific research and control over the claims to sovereignty over areas of the continent asserted by several of the contracting parties. It was not meant to be and did not provide a comprehensive set of rights, powers and responsibilities of the states concerning their conduct there.Clearly there are many difficulties related to the extraction of minerals from Antarctic and any unilateral claim in this respect could jeopardize the delicate balance on which the treaty regime rests. This fact puts in the centre of the discussion the viability of the Antarctic Treaty system. From this perspective we should analyse the tendency of states using the related concepts to pursue their national interests. Though the dynamics of the international relations constantly put on the agenda various problems objectively requiring their solution.The paper mainly focuses on the materials related to the chronology of the Antarctic Treaty system development. One of the conclusion made in the article refers to the necessity of regular forecasting studies in international legal practice and this fact is demonstrated on the example of the Antarctic region and its resources.