Draft Provisions of a New International Convention on Antarctica

Abstract

The following Draft Provisions of a new International Convention on Antarctica are a codification of principles of customary international law and of proposals for new administrative structures for Antarctica propounded by the author in a Note published in the Yale Law Journal. In the Journal Note it is argued that under international law Antarctica should be identified as a world "common space" because of the history of customary practice in Antarctica, the articulation by states signatories to the Antarctic Treaty of 1959 of principles of common rights, and the universal interest in cautious use of the resources and protection of the environment of Antarctica. It is argued that Antarctica is a space analogous to the seas and outer space and cannot validly be subject to exclusive claims by particular states. Instead, Antarctica may be subject only to fully international administration.