关键词: 《南极条约》第4条, 冻结条款, 法律意涵, 构建人类命运共同体

Abstract: Article Ⅳof the Antarctic Treaty was successful in setting aside many territorial sovereignty disputes between countries. For 60 years, many countries with disputes over the Antarctic issue have been able to cooperate in science and other fields in the Antarctic without being hindered by sovereign competition. However, many countries have sought more flexible methods to continuously enhance their substantive existence by enhancing scientific research capacity and setting up “quasi territorial jurisdiction” under its “fuzziness”. At the same time, many countries have improved their treaty’s status in global Antarctic governance. Furthermore, they strengthened the soft power of Antarctic governance by promoting Antarctic environmental protection measures, Antarctic legislation, and exploration and development strategies for Antarctic resources. These practices are undoubtedly undermining Article Ⅳ. Therefore, China should take the concepts of “building a community with a shared future for humanity” as the basic concept and direction for China’s participation in Antarctic governance, work to overcome the shortcomings of Article Ⅳ by promoting the establishment of a cooperation mechanism, improve the official domestic translation of Article Ⅳ, and constantly strengthen and improve the domestic legislative system related to Antarctica, strengthen our “hard power” and “soft power” in the global governance of Antarctica, and safeguard our own rights and the rights and interests of all humanity in Antarctica.

Key words: Article Ⅳ of the Antarctic Treaty, standstill provision, legal implications, building a community with a shared future for humanity