Antarctic Mineral Exploitation The Emerging Legal Framework

About this book

The system of international co-operation in the Antarctic has been evolving rapidly since the signing of the Antarctic Treaty in 1959. Inextricably linked to this co-operation is the question of the rational management of Antarctic resources. In this book Professor Orrego Vicuna examines in depth the legal framework - the Antarctic Treaty, sovereignty, jurisdiction and the law of the sea - as it relates to the exploitation of Antarctic minerals. This is fast becoming a live issue with the ever-growing potential for the development of these resources. The first part of the book examines the main characteristics of the international legal framework governing the co-operation of states in Antarctica, particularly in relation to resource conservation. Against this background, in the second part of the book, the regime for mineral resources is discussed in sufficient detail to identify the basic issues and interests which have to be accommodated in order to attain an acceptable convention. The final part of the book considers the important set of questions raised by the interest of the world community at large in the Antarctic: most significantly, the initiatives concerning a broader international participation under the auspices of the United Nations.

First published in 1988.

Contents

Part I. The international legal framework of Antarctic co-operation and the development of resources: 1. The evolution of the system of Antarctic co-operation and the influence of the development of resources; 2. The Antarctic legal system and the development of a norm-creating function in the field of natural resources; 3. Antarctic sovereignty and jurisdiction: new approaches for a resources policy; 4. The Law of the Sea in the Antarctic Treaty system: its evolution: the light of the resources regime; Part II. Alternative approaches to the conservation and development of Antarctic minerals: the process of internal accommodation: 5. Basic elements of the regime for the exploration and exploitation of Antarctic mineral resources; 6. Special policies pursued by the mineral resources regime; 7. The distribution of powers within the regime: models and alternatives for accommodation; 8. The institutional system of the mineral regime; Part III. Issues and options relating to the external accommodation: 9. Participation of States other than the Consultative Parties in the Antarctic Treaty system; 10. The Antarctic Treaty system and the international community; 11. Conclusions.

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