The contributions of Argentina and Australia to the creation and development of Antarctic law at critical moments in Antarctic history

This thesis identifies key themes that assist in understanding the contribution of Argentina and Australia, two states with significant and longstanding interests in Antarctica, in the development of Antarctic law during critical moments in Antarctic history. Geopolitical tension was an important factor in the formation of the Antarctic Treaty in 1959 and continues to influence the evolution of the wider legal regime that has evolved since the Treaty’s entry into force. The Antarctic community, that is the group of states and other subjects of international law with common interests in the Antarctic region, has over the last six decades developed a sui generis regional legal regime (i.e., ‘Antarctic law’) to address geopolitical tension and other problems in the region. However, with the return of great power competition at a global level, and its impact on the region, Antarctic law is facing significant challenges in delivering some key objectives, such as the adoption of marine protected areas in the Southern Ocean. The current geopolitical environment in Antarctica is prompting key Antarctic states, such as Argentina and Australia, to assess how they might address current and future tensions in the region, whilst also protecting their rights and national interests and enhancing Antarctic law.
The above geopolitical developments may well require further legal and institutional development of Antarctic law. This thesis therefore explores the important role which Antarctic legal studies might play in providing tools for managing current and future geopolitical tensions in Antarctica. In doing this, it focuses on the role that Argentina and Australia have played during ‘critical moments’ in Antarctic history. By analysis of case studies on critical moments in Antarctic history, this thesis identifies key themes on contributions that Argentina and Australia have made to the formation and development of Antarctic law at times when geopolitical tension was threatening to undermine international cooperation in Antarctica. Four case studies were analysed: (i) tensions over acquisition of Antarctic territories prior to the 1959 Antarctic Treaty; (ii) tensions over negotiations of the 1959 Antarctic Treaty; (iii) concerns since the late 1970s over the regulation of sub-Antarctic waters by the Commission for the Conservation of Antarctic Marine Living Resources; and (iv) early 2000s tensions between claimant and non-claimant states over submissions to the Commission on the Limits of the Continental Shelf.
From the analysis of these case studies, four key themes on the contributions of Argentina and Australia to Antarctic law were identified: (i) protecting national positions on territorial sovereignty in Antarctica; (ii) primacy of a regional approach for addressing Antarctic problems; (iii) promoting a legal approach for managing geopolitical tensions; and (iv) building a position of national influence for shaping the development of Antarctic law. The case studies also point to the various factors that have helped Argentina and Australia manage geopolitical tensions in the Antarctic region, such as the effective use of diplomacy, adherence to the legal order, and the significance given to international cooperation on scientific research in and on Antarctica.
The findings from this research allow lessons to be drawn on how Argentina and Australia might use Antarctic law in managing current and future geopolitical tensions. These lessons include, inter alia, the reinforcement of the regional nature of the legal regime, the use of peaceful mechanisms of dispute settlement, and recognition of the importance of building trust and transparency in the Antarctic legal regime. Finally, this thesis also provides seven practical recommendations that Argentina and Australia might implement to uphold and strengthen Antarctic law in responding to current and future geopolitical challenges. The thesis ultimately highlights the central role of Antarctic law in maintaining order and stability and fostering collaboration in a region of paramount importance for the Antarctic community and international society as a whole.