Alternative regimes for future mineral resource development in Antarctica

Abstract

The operation of the Antarctic Treaty is subject to review beginning in 1991. It has functioned as a model of international cooperation for 22 years but stresses on the Treaty system are increasing. In particular, interest is growing concerning the mineral resource potential of Antarctica, but the Antarctic Treaty does not address resource allocation issues. Efforts are currently underway to devise a minerals regime for Antarctica, but negotiations could take several years. If negotiations do not produce a new regime by the review date, some countries may decide to withdraw from the Treaty, signaling the end of the cooperative era in Antarctica. This paper reviews and evaluates some of the major options for a minerals regime. It is suggested that the most likely alternatives for Treaty states are those joint jurisdiction options which sidestep the contentious issue of sovereignty. External accommodation with the international community will remain a difficult problem. While the joint jurisdiction options contain several provisions for sharing with outsiders, there is room for improvement.