Antarctic Maritime Zones in the Era of Climate Change: ILC, ILA and the Long Road Ahead

Abstract

The legal process of determining maritime zones is largely dependent upon the drawing of baselines, which in most cases correspond to the low-water line located on the coast of a land territory subject to the sovereignty of a State. In the case of Antarctica, the unique geographic and legal characteristics of the continent make the drawing of baselines an atypically difficult process, thus subsequently hindering the determination and delimitation of maritime zones by States. First, this article summarizes the traditional and continuing legal debate on how to define baselines in the specific context of Antarctica. It will then examine the recent discussions under International Law Association (ILA) and International Law Commission (ILC) on the issue of baselines and sea level rise to analyse their implications, if any, to the Antarctic continent. Said analysis does not intend to provide definitive answers to this long-standing problem, but rather seeks to put into perspective the application of traditional legal theories in highly complex contexts of the Antarctic with its unique legal and geographic indeterminacy and in light of increasing effects of the climate change.