Four Principles to Justify Claims to Jurisdiction and to Natural Resources in Antarctica

• Published in: The Yearbook of Polar Law Online
• Main Author: Mancilla, Alejandra
• Format: Article in Journal/Newspaper
• Language: unknown
• Published: Brill 2020
• Subjects: Antarctic; The Antarctic; Antarc*; Antarctica; Yearbook of Polar Law
• Online Access: http://dx.doi.org/10.1163/22116427_011010010; https://brill.com/view/journals/yplo/11/1/article-p170_10.xml; https://brill.com/downloadpdf/journals/yplo/11/1/article-p170_10.xml

Global pressure over Antarctic resources will mount in the course of the coming decades. Three factors are likely to motivate states to claim jurisdictional rights or rights to natural resources in Antarctica: climate change, dwindling natural resources in the rest of the world, and the fact that – by virtue of Article IV of the Antarctic Treaty – the question of sovereignty remains unresolved. It is high time to think about the moral dimensions that should shape Antarctic claims in the future. Is there any state or group of states more entitled than others to make such claims? What does sound management of natural resources require? How should environmental concerns factor into decisions about jurisdictional control and appropriation of natural resources? With these broad questions in the background, in this article I examine four principles of justice that figure prominently in current theories of territorial rights and rights over natural resources in political philosophy: connection, capacity, fair distribution, and need. I show how these principles have been used by states, alone or in tandem, to justify claims to jurisdiction and claims to natural resources in Antarctica. After pointing to their main strengths and weaknesses, I suggest that they may be necessary, but insufficient to build a just framework for jurisdiction and appropriation of resources in the White Continent.