Exclusive Economic Zones: Should they be allowed in Antarctic waters?

• Main Authors: Lawlor, Stephanie, Rae, Andrew, Ross, Emily, Strinemann, Ingrid
• Format: Other/Unknown Material
• Language: English
• Published: 2003
• Subjects: Antarctic; Southern Ocean; The Antarctic; Antarc*; Antarctica
• Online Access: http://hdl.handle.net/10092/14342

In the first half Of the twentieth Century, seven states made claims, in some instances conflicting claims, to parts of Antarctica. Political, practical and scientific factors during this time led to the 1959 Antarctic Treaty being agreed upon. This accord placed all existing claims to Antarctic territory in abeyance and prevented new claims from being asserted. Concurrently, the intemational "law Of the sea" was being negotiated. Several versions were elaborated, with the final document, the United Nations Convention on the Law of the Sea (UNCLOS), entering into force in 1994. UNCLOS provides for and defines the delimitation of maritime zones, which includes exclusive economic zones (EEZs). Recently, some Antarctic claimant states have indicated that they intend to establish an EEZ which would extend into the Southern Ocean from their Antarctic territory. This paper considers the international law applicable to establishing an EEZ in Antarctic waters and concludes: The declaration of an EEZ is a declaration of sovereignty and is therefore a breach of Article IV of the Antarctic Treaty; the recognition Of an Antarctic EEZ would not lend credence to any Of the terrestrial claims held in abeyance under the Antarctic Treaty; the issue of EEZs in Antarctic waters is unlikely to destabilize the Antarctic Treaty System; and, the present-day application of exclusive economic zones in the Antarctic is inoperable until the Antarctic Treaty dissolves and territorial sovereignty on the continent is resolved. This scenario is undesirable and arguably unworkable as there is a strong case for Antarctica and the Southern Ocean being preserved as the common heritage Of mankind. In the first half Of the twentieth Century, seven states made claims, in some instances conflicting claims, to parts of Antarctica. Political, practical and scientific factors during this time led to the 1959 Antarctic Treaty being agreed upon. This accord placed all existing claims to Antarctic territory in abeyance and prevented new claims from being ...