The Laws of Territorial Acquisition as Applied to Claims to Antarctic Territory: A Review of Legal Scholarship
Three substantive areas of analysis have emerged in the legal scholarship of the validity in international law of Antarctic territorial claims. The first is the physical amenability of the Antarctic continent to claims of territory. The second, and largest, is the application of traditional laws of...
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crbrillap:10.1163/2211-6427_021 2023-05-15T14:13:08+02:00 The Laws of Territorial Acquisition as Applied to Claims to Antarctic Territory: A Review of Legal Scholarship Hodgson-Johnston, Indi 2015 http://dx.doi.org/10.1163/2211-6427_021 https://brill.com/view/journals/yplo/7/1/article-p556_21.xml https://data.brill.com/files/journals/22116427_007_01_s021_text.pdf unknown Brill The Yearbook of Polar Law Online volume 7, issue 1, page 556-606 ISSN 1876-8814 2211-6427 journal-article 2015 crbrillap https://doi.org/10.1163/2211-6427_021 2022-12-11T12:48:26Z Three substantive areas of analysis have emerged in the legal scholarship of the validity in international law of Antarctic territorial claims. The first is the physical amenability of the Antarctic continent to claims of territory. The second, and largest, is the application of traditional laws of territorial acquisition to Antarctic claims. The alternative argument of Antarctica as res communis is the final substantive thread of discussion. These threads of discussion have dominant arguments. They do not, however, have definite conclusions, leaving the academic conjecture as to the validity of Antarctic territorial claims unresolved. Article IV of the Antarctic Treaty makes an urgent definitive answer unnecessary. However, with new issues emerging related to sovereignty in Antarctica, such as Marine Protected Areas, and more activity from growing Antarctic Treaty membership, public discourse consistently raises the issue. As we enter this new discursive environment, a review of the main arguments of the three substantive areas of legal scholarship is timely. This article will also attempt to identify the dominant attitudes regarding the validity of territorial claims to Antarctica. Article in Journal/Newspaper Antarc* Antarctic Antarctica Yearbook of Polar Law Brill (via Crossref) Antarctic The Antarctic The Yearbook of Polar Law Online 7 1 556 606 |
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Three substantive areas of analysis have emerged in the legal scholarship of the validity in international law of Antarctic territorial claims. The first is the physical amenability of the Antarctic continent to claims of territory. The second, and largest, is the application of traditional laws of territorial acquisition to Antarctic claims. The alternative argument of Antarctica as res communis is the final substantive thread of discussion. These threads of discussion have dominant arguments. They do not, however, have definite conclusions, leaving the academic conjecture as to the validity of Antarctic territorial claims unresolved. Article IV of the Antarctic Treaty makes an urgent definitive answer unnecessary. However, with new issues emerging related to sovereignty in Antarctica, such as Marine Protected Areas, and more activity from growing Antarctic Treaty membership, public discourse consistently raises the issue. As we enter this new discursive environment, a review of the main arguments of the three substantive areas of legal scholarship is timely. This article will also attempt to identify the dominant attitudes regarding the validity of territorial claims to Antarctica. |
format |
Article in Journal/Newspaper |
author |
Hodgson-Johnston, Indi |
spellingShingle |
Hodgson-Johnston, Indi The Laws of Territorial Acquisition as Applied to Claims to Antarctic Territory: A Review of Legal Scholarship |
author_facet |
Hodgson-Johnston, Indi |
author_sort |
Hodgson-Johnston, Indi |
title |
The Laws of Territorial Acquisition as Applied to Claims to Antarctic Territory: A Review of Legal Scholarship |
title_short |
The Laws of Territorial Acquisition as Applied to Claims to Antarctic Territory: A Review of Legal Scholarship |
title_full |
The Laws of Territorial Acquisition as Applied to Claims to Antarctic Territory: A Review of Legal Scholarship |
title_fullStr |
The Laws of Territorial Acquisition as Applied to Claims to Antarctic Territory: A Review of Legal Scholarship |
title_full_unstemmed |
The Laws of Territorial Acquisition as Applied to Claims to Antarctic Territory: A Review of Legal Scholarship |
title_sort |
laws of territorial acquisition as applied to claims to antarctic territory: a review of legal scholarship |
publisher |
Brill |
publishDate |
2015 |
url |
http://dx.doi.org/10.1163/2211-6427_021 https://brill.com/view/journals/yplo/7/1/article-p556_21.xml https://data.brill.com/files/journals/22116427_007_01_s021_text.pdf |
geographic |
Antarctic The Antarctic |
geographic_facet |
Antarctic The Antarctic |
genre |
Antarc* Antarctic Antarctica Yearbook of Polar Law |
genre_facet |
Antarc* Antarctic Antarctica Yearbook of Polar Law |
op_source |
The Yearbook of Polar Law Online volume 7, issue 1, page 556-606 ISSN 1876-8814 2211-6427 |
op_doi |
https://doi.org/10.1163/2211-6427_021 |
container_title |
The Yearbook of Polar Law Online |
container_volume |
7 |
container_issue |
1 |
container_start_page |
556 |
op_container_end_page |
606 |
_version_ |
1766285539292479488 |