LEGAL ANALYSIS OF THE ARGENTINE AND AUSTRALIAN TITLES TO TERRITORY IN ANTARCTICA

Antarctic territorial claims are important for understanding the history and future possibilities of the Antarctic region. Although the 1959 Antarctic Treaty put on hold arguments about territorial claims over the continent, these claims still play a role in shaping the Antarctic Treaty System. To understand these disagreements, it is important to consider the legal basis of the respective claims. One of the key disagreements is between the United Kingdom and Argentina, which have overlapping claims to areas of West Antarctica. European states have generally assumed that the whole of the Antarctic continent was terra nullius when the UK first claimed a part of West Antarctica in 1908. However, Argentina claims that it inherited part of the 'South American Antarctic' from Spain in the early 19th century and has effectively exercised its rights derived from that title. On the other side of the continent, areas of East Antarctica were claimed for the British Commonwealth and later transferred to Australia. The UK and Australia recognise each other's claims. The existing analysis of Antarctic law has not properly considered whether any future outcome of the territorial dispute between the UK and Argentina might legally impact the Australian claims in East Antarctica. This article, therefore, considers the legal basis of the Argentine and Australian claims. We conclude that regardless of any future outcome of the Argentinian-British territorial dispute, there is no overt legal conflict between the Argentinian and Australian claims to Antarctic territory; they may both legally co-exist.