Institutional Developments within the Antarctic Treaty System

• Published in: International and Comparative Law Quarterly
• Main Author: Scott, Karen
• Format: Article in Journal/Newspaper
• Language: English
• Published: Cambridge University Press (CUP) 2003
• Subjects: Law; Political Science and International Relations; Antarctic; The Antarctic; Antarc*
• Online Access: http://dx.doi.org/10.1093/iclq/52.2.473; https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S0020589300066847

In July 2001, 40 years after the entry into force of the 1959 Antarctic Treaty, the Antarctic Treaty Consultative Parties (ATCPs) decided to establish a Permanent Secretariat to the Treaty. This latest development within what has been described as ‘an evolving international institutional structure’ will undoubtedly serve to strengthen the Treaty, as well as provide support for the wider Antarctic system, in particular, the 1991 Environmental Protocol. Its impact within the wider environmental institutional context will depend to an extent upon the grant of legal personality to the secretariat, and the definition of its functions, rights and privileges. Described as an historic and landmark decision, the establishment of a permanent secretariat has the potential indirectly to provide an additional line of defence in the fight to preserve and protect the Antarctic environment. The purpose of this article is to consider the future impact of, and issues relating to, this significant institutional development.