关键词: 南极条约体系, 法律实施与执行, 视察机制, 门户国家管辖权

Abstract:

The Antarctic Treaty System (ATS), with the Antarctic Treaty as its core, has established extensive in-ternational obligations for all Contracting Members, such as Antarctic demilitarization, environment protection, and the preservation of living marine resources. With unceasing development of the ATS, human activities in Antarctica have also undergone tremendous change, from governmental organized scientific expeditions to diverse human activities that include but are not limited to Antarctic tourism, fishing, and the exploration of living resources. The main principles and rules established by the ATS have been implemented and executed mainly through an inspection mechanism at international level and by adopting the necessary laws and measures at national level. However, the legitimacy and effectiveness of the Antarctic regime continue to be plagued by deficiencies of necessary remedies for the inspection mechanism, an enforcement vacuum regarding non-contracting members arising from the dilemma of personal jurisdiction, and the incapability of law enforcement due to the remote geographic location and hostile natural environment and climate. In facing these challenges, the Antarctic regime should react positively and adopt comprehensive measures such as reinforcing law-enforcement cooperation, improving the Antarctic inspection system, and intensifying the polar education of its citizens.

Key words: Antarctic Treaty System (ATS), implementation and enforcement of ATS, inspection system, gateway state jurisdiction