ANTARCTICA: CONDOMINIUM OR RES COMMUNIS?

This analytical study examines the competing legal conceptions of Antarctica as either a condominium governed by claimant states or as res communis belonging to the international community, analyzing the implications of each framework for the continent's governance during the mid-1980s. The article explores the historical development of Antarctic territorial claims and the subsequent Antarctic Treaty system that has governed the continent since 1959. The research investigates the condominium model implicit in the Antarctic Treaty, examining how claimant and consultative states exercise collective governance while suspending territorial sovereignty disputes. The study assesses the res communis alternative, analyzing how this conception of Antarctica as common heritage of mankind would transform governance arrangements and resource management. The article evaluates the positions of different state actors in the Antarctic governance debate, including claimant states, treaty members, and excluded developing countries. The research also examines emerging challenges including mineral resource prospects, environmental protection needs, and scientific cooperation requirements that test the existing governance framework.

Antarctica's legal status represented one of the most complex and consequential issues in international law during the 1980s, with this article providing a comprehensive examination of the condominium versus res communis debate. The research begins by tracing the historical development of Antarctic territorial claims, examining how seven states asserted sovereignty over pie-slice sectors of the continent during the first half of the 20th century. The analysis explores the Antarctic Treaty system established in 1959, investigating how this innovative regime created a governance framework that suspended sovereignty claims while establishing rules for peaceful use, scientific cooperation, and environmental protection. The article examines the condominium elements in the Antarctic Treaty system, analyzing how consultative parties exercise collective decision-making while maintaining their respective legal positions on territorial claims. The study assesses the res communis alternative, examining how the common heritage of mankind concept developed in ocean law could be applied to Antarctica and what institutional arrangements this would require. The research evaluates the positions of different state actors, including claimant states seeking to protect their interests, treaty members without claims participating in governance, and developing countries excluded from decision-making who advocate for internationalization. Based on the comprehensive assessment, the article analyzes the prospects for evolving Antarctic governance that balances the interests of different state groups while addressing emerging challenges of resource management and environmental protection. The findings provide valuable insights into the dynamics of international regime formation in areas beyond national jurisdiction and contribute to understanding how competing legal conceptions shape global commons governance.