The International Law of Antarctica.
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| Superior document: | The New Haven Studies in International Law and World Public Order Series ; v.6 |
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| Place / Publishing House: | Boston : : BRILL,, 1992. ©1991. |
| Year of Publication: | 1992 |
| Edition: | 1st ed. |
| Language: | English |
| Series: | The New Haven Studies in International Law and World Public Order Series
|
| Physical Description: | 1 online resource (641 pages) |
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Table of Contents:
- Intro
- Title Page
- Copyright Page
- Foreword
- Table of Contents
- Abbreviations
- Acronyms
- Introduction
- Acknowledgments
- PART 1
- 1. Antarctica in a Global Context
- Participants
- Individuals
- Nation-States
- Antarctic Treaty Consultative Parties
- Original Parties to the Antarctic Treaty
- Territorial Claimants
- Great Britain
- Australia
- New Zealand
- Argentina
- Chile
- France
- Norway
- Non-Claimant States
- The United States
- The Soviet Union
- Japan
- Belgium
- South Africa
- Acceding Consultative Parties
- Poland
- Germany
- GDR (East Germany)
- FRG (West Germany)
- Brazil
- India
- China
- Uruguay
- Spain
- Sweden
- Italy
- Non-Consultative Contracting Parties
- Peru
- The Netherlands
- Other Acceding States
- Other States: Third Parties to the Antarctic Treaty
- Intergovernmental and International Organizations
- The United Nations
- The Organization of Petroleum Exporting Countries
- The European Economic Community
- International Scientific Bodies
- Scientific Committee on Antarctic Research
- The World Meteorological Organization
- Food and Agriculture Organization
- Other International Scientific Bodies
- Private Associations
- Perspectives
- Identifications
- Demands
- Power and Security
- Wealth
- Enlightenment
- Skills
- Well-Being
- Respect
- Loyalty
- Expectations
- Arenas
- The General Assembly of the United Nations
- Antarctic Treaty Consultative Meetings
- Establishment
- Communication of Policies: How Claims and Decisions are Mediated
- Content of Claims and Decisions Lodged at ATCMs
- Access
- Functions Performed at ATCMs
- Procedure of ATCMs
- Duration
- Projection of Future Developments
- Adjudicatory Arenas
- The International Civil Aviation Organization
- The Intergovernmental Maritime Consultative Organization.
- The International Oceanographic Commission
- The International Whaling Commission
- Bases of Power
- Authority
- Control
- Strategies
- Outcomes
- Factors Conditioning Antarctic Processes
- Antarctic Physical and Geographic Features
- Legal Effects
- Constraints on the Exploration and Exploitation of Resources
- Effects of Science
- Antarctica in the Historical Context of Law and Politics
- The Impact of Modern Technology
- Features of the World Economy Influencing Antarctic Processes
- 2. Basic Community Policies: Clarification of Criteria for Decision
- Observational Standpoint
- Method
- Preliminary Statement of Basic Policies
- 3. Claims Relating to the Establishment and Maintenance of a Constitutive Process in Antarctica
- Historical Background
- Earlier Attempts to Organize a Constitutive Process of Decision-making
- The International Geophysical Year: The Impact of Science on the Organization of the Constitutive Process in Antarctica
- The Antarctic Treaty of 1959
- Outcomes of Constitutive Claims: The Allocation of Decision Functions
- Intelligence Function
- Promotion Function
- Prescription Function
- Invocation Function
- Application Function
- Termination Function
- Appraisal Function
- Demands for Change in the Constitutive Process
- PART 2
- 4. National Claims to Establish Exclusive Appropriation of Antarctica
- Clarification of Basic Community Policies
- National Claims to Antarctic Territory on the Basis of Historical Rights
- The Papal Grant of Antarctica
- The Context of the Papal Grant of Antarctica
- Trends in Decision
- The Rise of Protestantism, the Decline of Papal Authority, and the Consequences in Legal Literature
- Changes in the Balance of Power and the Juridical Status of Spain's Southern Possessions.
- The Independence of Spanish America, Territorial Succession, and the Doctrine of Uti Possidetis: The Principle of Pre-Independence Boundaries
- Appraisal
- National Claims to Antarctic Territory on the Basis of Discovery
- The Discovery of Antarctica
- Trends in Decision
- Claims to Antarctica Based on Discovery
- Appraisal
- National Claims to Antarctic Territory on the Basis of Polar Exploration, Mapping, and Scientific Research
- Claims and Responses
- Appraisal
- National Claims to Antarctic Territory on the Basis of Effective Occupation
- The Meaning of Effective Occupation
- State Activity in the Antarctic
- Administrative Acts of the Spanish Crown
- Administrative Acts of Argentina
- Administrative Acts of Chile
- British Acts of Administration
- French Acts of Administration
- Norwegian Administrative Acts
- Acts of Administration of New Zealand
- Administrative Acts of Australia
- Acts of Possession
- The Establishment of Permanent Settlements in Western Antarctica: The "American" Antarctic vs. The Falkland Islands Dependencies
- The South Orkney Islands
- The Antarctic Peninsula and Other Islands and Archipelagos in Western Antarctica
- The John Biscoe Incident
- The Proliferation of Permanent Bases
- Eastern Antarctica
- The Effect of the IGY on Territorial Claims
- The Effect of the Antarctic Treaty on Territorial Claims
- National Claims to Antarctic Territory on the Basis of Proximity
- Clarification of Policies
- Types of Particular Claims and Responses in Relation to Antarctic Territory
- Past Trends in Decision
- The Sector Theory
- Specific Claims to Antarctica Based on Proximity: Divergent Applications of the Sector Theory
- Claims of the British Commonwealth
- Claims of South American States
- Argentine-Chilean Delimitation of Boundaries in Antarctica
- The Position of Other Antarctic Powers.
- Appraisal
- The Determination of the Applicable Law and of the Relevant Facts in the Antarctic Territorial Dispute
- The Intertemporal Principle
- The Critical Date
- Appraisal
- PART 3
- 5. Claims Relating to Resources in Antarctica
- The Resources Claimed
- Minerals on Land
- Offshore Resources
- Living Resources
- Other Uses and Resources
- The Relevance of Ideology in Resource Allocation
- Basic Community Policies
- Economic Efficiency
- Participation
- Responsibility
- International Cooperation
- Experience in Comparable Resources
- The Law of the Sea
- The Development of the Law of the Sea
- Limits of National Competence
- International Control of Seabed Resources
- The Arctic Experience
- Arctic Lands
- The Arctic Ocean
- Outer Space
- Appraisal
- 6. Claims Relating to Antarctic Mineral Resources
- The Economics of Antarctic Mineral Development
- The Framework of Negotiations for an Antarctic Mineral Regime
- Historical Background
- The Accommodation of Interests
- Internal Accommodation
- External Accommodation
- Claims to Authority: Institutional Arrangements for Decision-making Relating to Antarctic Mineral Resources
- The Commission
- The Advisory Committee
- The Regulatory Committees
- The Legal Process of Mineral Development Activities
- Prospecting
- Identification of an Area for Possible Exploration and Development
- Exploration
- Development
- Criteria for Decision
- Protection of the Antarctic Environment
- Protection of Other Uses of Antarctica
- Promotion of Fair and Effective Participation
- Claims Relating to Access to Mineral Development Activities in Antarctica
- Minerals Convention Requirements on Membership and Sponsorship
- Appraisal and Recommendations
- Claims Relating to the Exchange of Scientific Information and Protection of Proprietary Data.
- Claims Relating to the Exercise of Tax Competence: The Fiscal Regime
- Activities Subject to Taxation
- Type of Payments and the Choice of Tax Base
- Outcomes of Tax Claims
- National Fiscal Treatment of Payments to the Institutions of the Antarctic Minerals Regime
- Application and Sharing of Proceeds
- Budgetary Competences
- Environmental Fund
- Sharing of Benefits
- Appraisal
- 7. Claims Relating to the Seabed of Antarctica: Some Legal and Policy Issues
- General Background on the Doctrine of the Continental Shelf
- Delimitation of the Continental Shelf and Deep Seabed in Antarctica: Prospective Patterns of Controversy over the Allocation of Authority over Offshore Mineral Resources
- Protection of the Status Quo with Respect to Territorial Claims Under Article IV of the Antarctic Treaty as a Basis to Delimit a Continental Shelf in Antarctica
- Temporal Opportunity to Assert National Claims over the Continental Shelf
- Application of General Principles to Determine the Extent of the Continental Shelf in Antarctica
- Physical Features Conditioning the Process
- Trends in Decision
- General Background on the Deep Seabed
- Claims Relating to the Deep Seabed of Antarctica
- Appraisal and Recommendation
- 8. Claims Relating to Antarctic Marine Living Resources
- Claims to Authority
- Claimants
- Objectives
- Situations
- Strategies
- Outcomes
- Clarification of Basic Community Policies
- Trends in Decision
- Appraisal
- 9. Claims Relating to Antarctic Maritime Areas
- Significant Features Affecting the Process of Claims and Decisions
- Clarification of Basic Community Policies
- Claims to Authority over Territorial Sea in Antarctica
- Claims to Exercise Authority and Exclusive Control over Economic Activities in Certain Antarctic Maritime Areas.
- Claims to Apply the Freedom of the High Seas in Antarctic Maritime Spaces.