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.
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”.