Beyond Sovereignty: Enforcing Climate Policies in the Antarctic Space

The sources of climate change are the same throughout the entire planet, owing, for example, to the increase in carbon dioxide (CO2) in the atmosphere and oceans. However, human activities that primarily generate CO2 do not occur in the Antarctic, which is an uninhabited continent surrounded by the seas. By the way, in recent times, massive navigation activities occurring in the Antarctic seas have increased CO2 in the Antarctic atmosphere and oceans, consequently escalating climate warming in this area. In addition, increased human presence for touristic or scientific purposes has proven destructive for the Antarctic environment, worsening the negative effects of climate change. The Antarctic area has so far been administered by means of the international legal regime rooted in the Antarctic Treaty (AT)—the so-called ‘AT system’ (ATS)—which recognises the specific legal status of the Antarctic by setting aside the traditional approach based on state territorial sovereignty. Although, so far, no specific obligations have been established compelling AT States and individuals to take action against the noxious effects of climate change affecting the Antarctic, recommendations adopted by specific ATS bodies may be associated with certain ATS obligations, such as the duty to preserve the Antarctic environment and resources. Therefore, effective jurisdictional criteria and mechanisms should be identified to enable the States Parties to the ATS to advance the fight against the devastating impact of climate change on this fragile area of the planet, consistent with both its specific legal status and physical characteristics.