ABSTRACT

The historical origin of territorial claims to Antarctica dates back to the “heroic era,” in which discovery expeditions were sponsored by States that desired to enlarge their sphere of power. After World War II, the tensions occurring both among the States asserting rights over Antarctica and between these States and other countries compelled the superpowers to establish an international regime for the governance of this area of the planet: namely, the Antarctic Treaty. Article IV of the Antarctic Treaty is mainly aimed at freezing the status of Antarctica at the time of the adoption of the treaty. The approach that is adopted in this chapter should preserve the positions of both States claiming sovereignty over Antarctica and States that do not recognise such claims. This ambiguous approach has so far ensured peace and cooperation within the Antarctic area. In spite of its success, the Antarctic Treaty System is currently subject of criticism both at the internal and external level. Therefore, some adjustments of this system are required to reconcile the diverse positions concerning Antarctic claims and to ensure the widest participation to the governance of Antarctica.