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Rediscovering the importance of Antarctic Law for the early twenty-first century

journal contribution
posted on 2023-05-21, 07:51 authored by Bruno ArpiBruno Arpi, Jeffrey McGeeJeffrey McGee
International law provides a system of legal order for the conduct of international relations. Within this system, states may constitute regional legal regimes in a continuous geographical area to address their own regional problems. In Antarctica, states active in the region have developed a sui generis regional legal regime (conceptualised here as 'Antarctic Law') to address problems of the Antarctic. During most of the twentieth century, Antarctic Law played a central role in understanding human interaction within, and international ordering of, the Antarctic region. However, over the last two decades, understanding the importance of the legal and regional nature of Antarctic law has become less prominent. Instead, Antarctic scholarship (including legal analysis) has moved towards a universalist perspective, interdisciplinary scholarship and critical approaches. We argue these approaches have under-appreciated the importance of the legal ordering of the region. New challenges within the region will require responses that draw on this regional legal ordering. This paper therefore aims to be a first step towards rediscovering the importance of the concept of ‘Antarctic Law’ as a regional and legal regime with a key role in providing successful international order within the Antarctic region to meet the challenges of the early twenty-first century.

Funding

Australian Research Council

History

Publication title

Australian Journal of International Affairs

Volume

76

Pagination

248-265

ISSN

1035-7718

Department/School

Faculty of Law

Publisher

Routledge

Place of publication

Australia

Rights statement

© 2022 Australian Institute of International Affairs

Repository Status

  • Restricted

Socio-economic Objectives

Management of Antarctic and Southern Ocean environments not elsewhere classified; Justice and the law not elsewhere classified

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