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Australian law in Antarctica

Published online by Cambridge University Press:  27 October 2009

Stuart Kaye  and
Donald R. Rothwell
Stuart Kaye
Affiliation:
Faculty of Law, University of Sydney, 173–175 Phillip Street, Sydney, NSW 2000, Australia
Donald R. Rothwell
Affiliation:
Faculty of Law, University of Sydney, 173–175 Phillip Street, Sydney, NSW 2000, Australia
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Abstract

This article examines the content and ramifications of an Australian Parliamentary Committee's Report into the application of Australian law in the Australian Antarctic Territory (AAT). The Report's main findings suggest that Australian law should be more vigorously applied in Antarctica, and that current practices with regard to the operation and enforcement of Australian law are perceived as damaging to Australian sovereignty. This is particularly the case in the context of the virtual non-application of law to all foreign nationals within the AAT, to an extent far beyond the categories of persons exempted by Article VIII of the Antarctic Treaty. The article also discusses the possible ramifications and difficulties of giving effect to the Report's findings. Particular stress is placed upon the impact of asserting a 200-nautical-mile fishing or exclusive economic zone in the waters off the AAT, as well as the logistic difficulties that may become apparent if Australian sovereignty is more actively asserted. In this context, brief consideration is given to the Report's recommendations relating to the Antarctic environment and tourism within the AAT.

Type
Articles
Information
Polar Record , Volume 29 , Issue 170 , July 1993 , pp. 215 - 218
Copyright
Copyright © Cambridge University Press 1993

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