Regulating Antarctic Tourism:The Challenge of Consensus-Based Decision-Making

• Published in: American Journal of International Law
• Main Authors: Bastmeijer, Kees, Shibata, Akiho, Steinhage, Imme, Ferrada, Luis Valentin, Bloom, Evan T.
• Format: Article in Journal/Newspaper
• Language: English
• Published: 2023
• Subjects: Antarctic tourism; Antarctic Treaty System; consensus; environmental protection; Antarctic; The Antarctic; Antarc*; Antarctica
• Online Access: https://hdl.handle.net/11370/0e764065-755e-4c2b-b6ff-c11b61dff9ab; https://research.rug.nl/en/publications/0e764065-755e-4c2b-b6ff-c11b61dff9ab; https://doi.org/10.1017/ajil.2023.34; https://pure.rug.nl/ws/files/849180463/regulating-antarctic-tourism-the-challenge-of-consensus-based-decision-making.pdf; http://www.scopus.com/inward/record.url?scp=85163857739&partnerID=8YFLogxK

In the 2022-2023 season, more than 104,000 tourists visited Antarctica. This represents an increase of more than 40 percent compared to the 2019-20 pre-pandemic season. The diversity of activities is also constantly growing. This note provides an overview of these developments and discusses the extent to which the Antarctic Treaty Consultative Parties, that govern Antarctica on the basis of consensus, have responded with regulatory action. The analysis shows that little decision-making has taken place and that no consensus could be reached on many policy questions in relation to growing Antarctic tourism. Failure to ensure timely and adequate international responses to environmental challenges poses not only a risk to the Antarctic environment, but could also constitute a challenge to the legitimacy and stability of the Antarctic Treaty governance system. In this light, options are identified for strengthening Antarctic decision-making regarding Antarctic tourism.