The Southern Ocean in the Framework of the Antarctic Treaty and the New Convention on the Law of the Sea

Abstract

The paper examines the status of the Southern Ocean in the context of the Antarctic Treaty and the Law of the Sea Convention, highlighting recent interest in its valuable natural resources, such as krill, which represent economic potential but also pose environmental challenges. This ocean, delimited by the Antarctic Convergence, benefits from protections established in the Antarctic Treaty, which promotes scientific research and the peaceful and cooperative use of the region, without resolving the territorial claims of several countries. For its part, the New Convention on the Law of the Sea is concerned with establishing zones of sovereignty, such as the Exclusive Economic Zone, generating new tensions over jurisdiction in Antarctic waters. These tensions have divided States into three positions: countries with territorial claims, those that consider the area as High Seas and those that seek to protect the region as a Common Heritage of Mankind. Finally, despite these conflicting positions, the author emphasizes the need and importance of harmonizing both treaties in order to preserve the environment and ensure peaceful cooperation in the region.