COORDINATION AMONG DOMESTIC AND INTERNATIONAL DECISION-MAKING PROCESSES WITHIN THE FRAMEWORK OF ANTARTIC TREATY SYSTEM

Prof. Gabriel De Paula1, Prof. Francisco Tuñez1

1Del Salvador University, Buenos Aires, Argentina

The purpose is to analyze how domestic and international decision-making articulate, both politically and legally, within the framework of the ATS.

 

This analysis is pivotal to forecast the capability of response of the ATS, at the level of its parts and the system, before any given issues concerning it.

 

We´ll analyze the concept of resilience from a systemic perspective, with the objective of defining the processes, dimensions and known results.

 

The analysis will be developed from three different approaches:

 

  1. Leading cases of proven violations of the regulations of the ATS, focusing the processes that triggered conflicts and the interagency and international frameworks that guided its resolution.

 

  1. Marine protected areas (MPAs), focusing on how domestic or bilateral issues are then presented on the ATS multilateral level.

 

  1. The policy and decision making in of the operational tasks of the Joint Antarctic Naval Patrol of Argentina and Chile; and the use of the military forces in Antarctica.

 

This paper does not aim to arrive at definitive conclusions, but to carry out an inductive work that will result on a matrix of analysis, in order to gather institutional memory and jurisprudence that can be applicable in the future.


Biography:

Gabriel De Paula. Professor of Geopolitics and researcher in the IDICSO (Social Sciences Research Institute), Universidad del Salvador, Buenos Aires, Argentina. Member of the SCAR Humanities and Social Sciences Committee. Member of the Centre for Security and Peace Studies, Colombia. Fellow at Policy and Strategy Magazine, Chilean National Academy of Political and Strategic Studies, Chile.

Francisco Tuñez. Graduated in Political Science at Universidad del Salvador (Argentina), finished with a thesis titled “Antarctic Geopolitics in the XXI Century”. Assistant in the chair of  Argentinian Foreign Policy” in the Faculty of Political Science of USAL.

Comparative analysis of domestic law about the Antarctic in Chile, Argentina, the United Kingdom, and the United State

Prof. Luis Valentin Ferrada1

1Universidad de Chile, Facultad de Derecho (Law Faculty), Providencia, Santiago, Chile

Antarctic governance has an important development in International Law. The ATCM adopts annually legally binding and non-binding international regulations. The meetings of the CCAMLR do the same in relation to fishing and maritime conservation. The Protocol on Environmental Protection sets basic principles applicable to human activities, its Annexes set detailed regulations and the CEP provides advice and formulates recommendations on environmental issues to the ATCM.

 

However, this is not enough. These norms need to be applied. This means, in practical terms, that they need to be converted in domestic compulsory regulations to be effective. And it is necessary to have a national authority with legal competence to control its fulfillment. A comprehensive approach of Antarctic governance requires also a review of what are doing the States beyond their international obligations, especially in the case of the Claimants States.

 

Because of its influence in the Antarctic politics and legal Antarctic development, Chile, Argentina, the UK, and the US are a very appropriate group of States to begin this comparative legal analysis. The presentation will show the result of a three years research project.


Biography:

Dr. Ferrada is lawyer, Ph.D. on Law and Professor of International Law on Universidad de Chile. He is the General Editor of Revista Tribuna Internacional law journal. He is a member of the Standing Committee on Humanities and Social Sciences (HASS) of SCAR. He is co-leader of the HASS PoLSciNex Action Group. He is regularly counselor of Chilean Government in legal and politics Antarctic’s matters. He is the author of several academic publications. He is the responsible researcher of Project FONDECYT N° 11160039, “Comparative analysis of domestic law about the Antarctic in Chile, Argentina, United Kingdom, and the United State”.

Antarctic Treaty System: achievements and prospects

Dr Trevor Daya-winterbottom1

1University Of Waikato, Hamilton, New Zealand

The Antarctic Treaty 1959 will have been in place for 60 years in 2019 and is regarded by informed commentators as one of the most successful multi-party international treaty systems. This paper provides an opportunity to look back and take stock of previous success – and more importantly, an opportunity to assess the future prospects for the treaty system.

 

New Zealand has played a key role in the Antarctic Treaty system and has had a long involvement with Antarctica since claiming sovereignty over the Ross Dependency in 1923. This paper will therefore focus on the effectiveness of the Antarctic Treaty system through a New Zealand lens.

 

In particular, this paper will explore the dynamic ability of the Treaty system to influence debate and public policy regarding the Antarctic future, and public international law and environmental law more generally in an era dominated by climate justice, national populism, and questions about the continued relevance of sustainability.


Biography:

Dr Trevor Daya-Winterbottom FRSA FRGS is an Associate Professor in the Faculty of Law at the University of Waikato, where he is also the Director of the Waikato Public Law and Policy Research Unit. His teaching, research, and consultancy focus on administrative law and trans-national environmental law.

Internationally he is the New Zealand member of the ILA Committee on Sustainable Resource Management and a Governing Board member of the IUCN Academy of Environmental Law.

Before joining the Faculty of Law he held a variety of positions in policy analysis, the Government Legal Network, and as a lawyer in private practice.

Framing the Concept of the Territorial Status of Antarctica under the Antarctic Treaty

Dr Indi Hodgson-Johnston1

1Integrated Marine Observing System, Battery Point, Australia

The territorial status of Antarctica under the Antarctic Treaty is often described as ‘frozen’ or ‘suspended’. This research seeks to contribute a framework of analysis and discourse for the present, and potentially enduring, status of territory in Antarctica. It will discuss the mechanisms of art IV of the Antarctic Treaty, and how this disaggregates the two core elements of territorial sovereignty: the imperium and the dominium. This framework is constructed and examined through a comparison of the territorial aspects of the Treaty with other territorial regimes, such as Guantanamo Bay, the Mandated Territories, the United Nations Administrative regimes. The research aims to use the analogy of ‘disaggregation’ between dominium and imperium to remove some of the exceptionalism and mystery that art IV has attracted in both the academic and broader discourse.


Biography:

Indi Hodgson-Johnston is currently the Assistant Director of Australia’s Integrated Marine Observing System and is an adjunct academic at the Antarctic Climate and Ecosystems CRC and Institute of Marine and Antarctic Studies at the University of Tasmania. Her PhD examined the status of territorial sovereignty the Australian Antarctic Territory. Her ongoing research areas are Antarctic and oceans law and policy. Indi has worked for the Southern Ocean Maritime Patrol and Response Unit at the Australian Customs Service, has been a rapporteur for the Antarctic Treaty Consultative and CCAMLR Meetings, and has lectured on various legal and policy subjects.

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