The relevance of Antarctic Law in the face of regional challenges and the primary role of Argentina and Chile in its strengthening.

Authors

  • Bruno Arpi Universidad de Tasmania

Abstract

The Antarctic community has developed a legal system, conceptualized here as Antarctic Law, to address the particular problems of the region. This regional legal regime has regulated human activities on the Antarctic continent and its surrounding waters for the past six decades. Despite Antarctic Law currently enjoying great acceptance by international society, there is an overwhelmingly critical analysis of the Antarctic legal regime by some Antarctic scholars, arguing in favour of the establishment of a global or universal regime for the region. These arguments, which are not new and were considered to be outdated, are relevant for States such as Argentina and Chile, who have maintained a uniform and constant position throughout history: it must be the Antarctic community that has the responsibility of regulating the region in interest of all humanity. This paper aims therefore to respond to these critics, highlighting the importance of the regional legal nature of Antarctic Law in the face of regional challenges, and at the same time, emphasizing the role that Argentina and Chile have played and should continue to play in their strengthening.

Keywords:

Antarctic Law, Antarctic Treaty System, Argentina, Chile

Author Biography

Bruno Arpi, Universidad de Tasmania

Bruno Arpi is a PhD candidate at the Faculty of Law and the Institute for Marine and Antarctic Studies at the University of Tasmania (Australia). He obtained a Master of Laws (LL.M) from the University of Copenhagen (Denmark) and graduated as a Lawyer from the National University of Rosario (Argentina), where he has been teaching Public International Law since 2017.