Antarctic Security and Adequacy of Legal Regulations

Abstract

This paper critically examines the adequacy of the current legal framework governing Antarctica – the Antarctic Treaty System (ATS) – in addressing emerging security-related risks in the region. With Antarctica facing mounting environmental threats from climate change, increasing tourism, potential bioprospecting, and strategic interest from global powers, the paper explores whether existing legal instruments are sufficient to mitigate these challenges. The study identifies significant regulatory gaps and ambiguities using legal and content analysis of relevant literature. These include unclear provisions on bioprospecting and resource use, limited enforcement and inspection mechanisms, insufficient responses to maritime and human security risks, and the growing dualuse nature of scientific activities with possible military applications. The analysis suggests that while the ATS has thus far maintained peace and environmental protection, its effectiveness is undermined by geopolitical competition and evolving global demands. The paper concludes that without legal and institutional reforms, such as more precise definitions, stronger enforcement mechanisms, and enhanced transparency, the long-term stability and credibility of the Antarctic governance regime may be at risk.