Jurisdictional coverage (of Antarctic tourism) in the Antarctic Treaty System and domestic implementing legislation
The Antarctic area encompasses the only continent for which there is no generally recognised sovereign State. A series of international agreements have been entered into by a significant number of States in relation to the governance of this unique area. The Antarctic Treaty of 1959 was the foundational instrument, complemented in 1991 with the signature of the Environmental Protocol to the Antarctic Treaty. The Parties to the Protocol have committed themselves to the comprehensive environmental protection of Antarctica. During the recent decades, tourism in Antarctica has grown and diversified. This thesis examines the jurisdictional coverage by the Parties to the Protocol of Antarctic tourism activities. This analysis covers issues such as the identification of minimum requirements in relation to the jurisdictional scope of domestic implementation of the Protocol, and the Parties’ definition of jurisdictional scope in their domestic implementation. Moreover, this thesis engages with the concept of “joint jurisdiction” and how it relates to the Parties’ aspiration to collectively regulate activities in Antarctica. Finally, based on the research findings, a number of suggestions are made for policy proposals to address the identified issues.