The irrelevance of no-recognition to Australia's Antarctic Territory title

• Published in: International and Comparative Law Quarterly
• Main Author: Scott, Shirley V
• Format: Article in Journal/Newspaper
• Language: unknown
• Published: Cambridge University Press (CUP) 2021
• Subjects: anzsrc-for: 1801 Law; Antarc*; Antarctic; Antarctica
• Online Access: http://hdl.handle.net/1959.4/unsworks_75052; https://unsworks.unsw.edu.au/bitstreams/48a0d2a3-fb99-4445-a48b-699c28de6f63/download; https://doi.org/10.1017/s0020589321000051

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.