THE IRRELEVANCE OF NON-RECOGNITION TO AUSTRALIA'S ANTARCTIC TERRITORY TITLE
Abstract It is often noted that few States recognize the seven national claims to Antarctic territory. Australia, one of the claimants, asserts title over 42 per cent of the continent and yet only four States have recognized its claim. Some States have expressly rejected Australia's claim. This...
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2021
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Online Access: | http://dx.doi.org/10.1017/s0020589321000051 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S0020589321000051 |
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crcambridgeupr:10.1017/s0020589321000051 2024-03-03T08:38:49+00:00 THE IRRELEVANCE OF NON-RECOGNITION TO AUSTRALIA'S ANTARCTIC TERRITORY TITLE Scott, Shirley V. 2021 http://dx.doi.org/10.1017/s0020589321000051 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S0020589321000051 en eng Cambridge University Press (CUP) http://creativecommons.org/licenses/by-nc-nd/4.0/ International and Comparative Law Quarterly volume 70, issue 2, page 491-503 ISSN 0020-5893 1471-6895 Law Political Science and International Relations journal-article 2021 crcambridgeupr https://doi.org/10.1017/s0020589321000051 2024-02-08T08:32:10Z Abstract It is often noted that few States recognize the seven national claims to Antarctic territory. Australia, one of the claimants, asserts title over 42 per cent of the continent and yet only four States have recognized its claim. Some States have expressly rejected Australia's claim. This article examines the legal significance of such widespread non-recognition. It does so through interrogating the evolution of the legal regime of territorial acquisition, its historical function and application to Antarctica, and relevant decisions of international courts and tribunals. The article identifies, and distinguishes amongst, several categories of non-recognition and considers the relevance of each. The analysis finds that the seemingly meagre level of recognition of Australia's title to the Australian Antarctic Territory does not detract from the validity of that title. This article points to possible reasons as to why a number of polar scholars may have suggested otherwise. Article in Journal/Newspaper Antarc* Antarctic Antarctica Cambridge University Press Antarctic Australian Antarctic Territory International and Comparative Law Quarterly 70 2 491 503 |
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Open Polar |
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Cambridge University Press |
op_collection_id |
crcambridgeupr |
language |
English |
topic |
Law Political Science and International Relations |
spellingShingle |
Law Political Science and International Relations Scott, Shirley V. THE IRRELEVANCE OF NON-RECOGNITION TO AUSTRALIA'S ANTARCTIC TERRITORY TITLE |
topic_facet |
Law Political Science and International Relations |
description |
Abstract It is often noted that few States recognize the seven national claims to Antarctic territory. Australia, one of the claimants, asserts title over 42 per cent of the continent and yet only four States have recognized its claim. Some States have expressly rejected Australia's claim. This article examines the legal significance of such widespread non-recognition. It does so through interrogating the evolution of the legal regime of territorial acquisition, its historical function and application to Antarctica, and relevant decisions of international courts and tribunals. The article identifies, and distinguishes amongst, several categories of non-recognition and considers the relevance of each. The analysis finds that the seemingly meagre level of recognition of Australia's title to the Australian Antarctic Territory does not detract from the validity of that title. This article points to possible reasons as to why a number of polar scholars may have suggested otherwise. |
format |
Article in Journal/Newspaper |
author |
Scott, Shirley V. |
author_facet |
Scott, Shirley V. |
author_sort |
Scott, Shirley V. |
title |
THE IRRELEVANCE OF NON-RECOGNITION TO AUSTRALIA'S ANTARCTIC TERRITORY TITLE |
title_short |
THE IRRELEVANCE OF NON-RECOGNITION TO AUSTRALIA'S ANTARCTIC TERRITORY TITLE |
title_full |
THE IRRELEVANCE OF NON-RECOGNITION TO AUSTRALIA'S ANTARCTIC TERRITORY TITLE |
title_fullStr |
THE IRRELEVANCE OF NON-RECOGNITION TO AUSTRALIA'S ANTARCTIC TERRITORY TITLE |
title_full_unstemmed |
THE IRRELEVANCE OF NON-RECOGNITION TO AUSTRALIA'S ANTARCTIC TERRITORY TITLE |
title_sort |
irrelevance of non-recognition to australia's antarctic territory title |
publisher |
Cambridge University Press (CUP) |
publishDate |
2021 |
url |
http://dx.doi.org/10.1017/s0020589321000051 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S0020589321000051 |
geographic |
Antarctic Australian Antarctic Territory |
geographic_facet |
Antarctic Australian Antarctic Territory |
genre |
Antarc* Antarctic Antarctica |
genre_facet |
Antarc* Antarctic Antarctica |
op_source |
International and Comparative Law Quarterly volume 70, issue 2, page 491-503 ISSN 0020-5893 1471-6895 |
op_rights |
http://creativecommons.org/licenses/by-nc-nd/4.0/ |
op_doi |
https://doi.org/10.1017/s0020589321000051 |
container_title |
International and Comparative Law Quarterly |
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70 |
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2 |
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491 |
op_container_end_page |
503 |
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1792507286750494720 |