ABSTRACT
This chapter discusses the essential elements of the Antarctic Treaty and its associated legal documents and discuss whether and to what extent essential elements the claimants to the South China Sea can take into consideration for dispute solution. While there is some existing literature discussing the possible application of the "Antarctic model" to the South China Sea, it takes the approach to functionalism by examining relevant legal principles and embodied in the Antarctic Treaty System which is borrowed to apply to other contested regions. Antarctica has been legally regulated since 1959. This legal regime is called the ATS which includes the Antarctic Treaty of 1959, the measures in effect under that Treaty, and its associated separate legal documents. Successful experiences in the establishment and maintenance of the ATS for peace and security in the Antarctic region give the littoral states ample insights in their consideration to develop a regional legal regime for the South China Sea.
