Law for the management of antarctic marine living resources: From normative conflicts towards integrated governance?

• Main Authors: Rose, G. L., Milligan, Ben
• Format: Article in Journal/Newspaper
• Language: unknown
• Published: Research Online 2011
• Subjects: Law; for; management; antarctic; marine; living; resources; From; normative; conflicts; towards; integrated; governance; Antarctic; The Antarctic; Antarc*
• Online Access: https://ro.uow.edu.au/lawpapers/407

Marine living resources in the Antarctic are managed in accordance with a variety of cooperative frameworks that have developed in response to specific challenges and political concerns.This paper assesses the compliance and enforcement challenges associated with these frameworks. It presents an overview of the fragmented governance frameworks under which marine living resources in the Antarctic region are managed and then it identifes compliance and enforcement challenges to the sustainable management of marine living resources in the Antarctic. The extent to which state practice has responded to compliance and enforcement challenges identified is analysed as follows: Are the responses of relevant States consistent with international law? Do the responses create additional legal uncertainties or institutional challenges? Have the responses been criticised as lacking practical effectiveness? It finds that although substantial progress has been made to address compliance and enforcement challenges, there is still a need to clarify the relationships between existing legal institutions, principles and frameworks, in order to consolidate the progress that has been made.