Chinese Journal of Polar Research ›› 2022, Vol. 34 ›› Issue (2): 239-253.DOI: 10.13679/j.jdyj.20210030

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The types, structures, and nature of Antarctic international legal norms on regulating scientific activities—Analysis of the documents of the Antarctic Treaty Consultative Meetings

Jiang Maozeng1, Liu Huirong2   

  1. 1Shanghai Ocean University, Shanghai 201306, China;
    2Law School, Ocean University of China, Qingdao 266100, China
  • Received:2021-03-17 Revised:2021-04-29 Online:2022-06-30 Published:2022-06-15

Abstract:

Scientific activity is the most important human activity in Antarctica, and it is a key regulatory object in Antarctic governance and the formation of international law. A large number of norms on scientific activities exist in the meeting documents of the Antarctic Treaty Consultative Meetings. These norms are not simply prescriptive regulatory provisions, but rather demonstrate multiple regulatory types, use different expressions, and have diverse legal effects on scientific activities in Antarctica. This paper comprehensively discussed these norms in the documents of the Antarctic Treaty Consultative Meetings held from 1961 to 2019. We identify seven types of international legal norms on scientific activities. These norms are composed of three parts: subjects of the norm, behavioral patterns, and objects of the norm. Furthermore, we analyzed the legal nature of these meeting documents. Accurate and systematic understanding and interpretation of the essence of these norms on scientific activities could facilitate China’s participation in the maintenance and development of the Antarctic Treaty System.

Key words: Antarctic Treaty Consultative Meetings, scientific activities, international legal norms