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The Law Of The Sea Convention And The Antarctic Treaty System: Constraints Or Complementarity?

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Chapter Summary

The 1982 Law of the Sea Convention is at the center of the regimes governing the management of world's oceans, including those within the jurisdiction of the 1959 Antarctic Treaty. This chapter explores the nexus between the Law of the Sea Convention and the Antarctic Treaty, arguing that this nexus raises interesting and important issues in the management of the Southern Ocean. The Third U.N. Law of the Sea Conference was held between 1974 and 1982, and included 15 sessions (585 days) plus inter-sessional meetings. The Antarctic Treaty System (ATS) is used to describe the instruments and institutions that provide a framework for managing uses of the Antarctic and Southern Ocean. The declaration of maritime zones off the Australian Antarctic Territory (AAT) has been considered by some states as controversial, but any potential disputes were avoided by not enforcing territorial sea or exclusive economic zone (EEZ) rights off the AAT.

Keywords: Antarctic Treaty System (ATS); Australian Antarctic Territory (AAT); exclusive economic zone (EEZ); Law of the Sea Convention; maritime zones; Southern Ocean



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