[Ch. 10) INTERNATIONAL LAW, THE ENVIRONMENT AND COMMON SPACES]

C) International Common Spaces

1) Antarctica

What element(s) of an effective claim to sovereignty are missing in the Antarctic claims?

• Will planting a flag and chanting a proclamation do the trick?
• What constitutes "occupancy and use"?

Is the British/New Zealand case stated p. 618-9 persuasive?

• Should scientific experiment stations be sufficient?
• Should "contiguity" be an accepted criterion for sovereignty? (N.Z. & Australia)

How does the Antarctic Treaty affect claims to sovereignty?

• Does it affect existing claims? Art. IV(1)
• Does it foreclose new claims? Art. IV(2)
• Does it foreclose new claims by non-parties? How can it do that? Art. X
• What may have motivated existing claimants to agree to the Treaty regime?

Who has jurisdiction to regulate activities of persons and groups in Antarctica?

• Art. VIII: principle of nationality
• Why do the editors suggest (n. 5 p. 626) that this is "at best a partial solution"?

How does the Treaty establish different classes of Contracting Parties?

• Art. IX
• In what way is this arrangement unfair?
• Is it necessary for the achievement of the Treaty's purposes?
• What are those purposes?
• Demilitarization
• Promotion of freedom of scientific investigation
• Protection of environment
• Would universal participation in the implementation of the Treaty, on the model of the UN General Assembly, be a viable alternative?

How would the "common heritage of mankind" principle differ from that of the Treaty?

Is development of natural resources an appropriate goal for Antarctica? Is it inherent in the "common heritage" concept?

What was wrong with the Convention for the Conservation of Antarctic Marine Living Resources?

Madrid Protocol: moratorium on exploitation of mineral resources

2. Outer Space

The Outer Space Treaty

• UN-generated treaty: how does it differ from Antarctic Treaty?
• How is it similar?

When does "airspace" (Chicago Convention 1944) end and "outer space" begin?

The Geostationary Orbit

• Is it part of outer space?
• Do states over which it runs have territorial jurisdiction?