Keywords
operational antarctic law against third states
Antarctic Treaty–International Custom-Antarctic protection mechanisms
How to Cite
Abstract
The Antarctic Treaty marked a milestone in the treatment of Antarctica. This Treaty possesses mechanisms that have so far been effective in protecting the Antarctic territory. The article, that is the product of the research project “Cátedra Bernardo O’Higgins” in support of teaching, sets out what and how this mechanism operate, but in turn provides that the operation of mechanisms is only applicable to States party to the Antarctic Treaty. How then defend on the Antarctic territory of States not party to the Antarctic Treaty? The answer to this question arises is to say that the evolution of the “Question Antarctica” has created custom in international law, so that the principles of the Antarctic Treaty are enforceable against third State not party to that treaty.This journal is registered under a Creative Commons Attribution 4.0 International Public License. Thus, this work may be reproduced, distributed, and publicly shared in digital format, as long as the names of the authors and Pontificia Universidad Javeriana are acknowledged. Others are allowed to quote, adapt, transform, auto-archive, republish, and create based on this material, for any purpose (even commercial ones), provided the authorship is duly acknowledged, a link to the original work is provided, and it is specified if changes have been made. Pontificia Universidad Javeriana does not hold the rights of published works and the authors are solely responsible for the contents of their works; they keep the moral, intellectual, privacy, and publicity rights.
Approving the intervention of the work (review, copy-editing, translation, layout) and the following outreach, are granted through an use license and not through an assignment of rights. This means the journal and Pontificia Universidad Javeriana cannot be held responsible for any ethical malpractice by the authors. As a consequence of the protection granted by the use license, the journal is not required to publish recantations or modify information already published, unless the errata stems from the editorial management process. Publishing contents in this journal does not generate royalties for contributors.