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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 McGeeInternational 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 AffairsVolume
76Pagination
248-265ISSN
1035-7718Department/School
Faculty of LawPublisher
RoutledgePlace of publication
AustraliaRights statement
© 2022 Australian Institute of International AffairsRepository Status
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