The Common Heritage of Mankind and the Antarctic Treaty System

Abstract

After the successful conclusion of the Third UN Conference on the Law of the Sea, a number of developing countries outside the Antarctic Treaty System began to pay increasingly close attention to Antarctica. It was said that there were abundant valuable resources there; the Antarctic Treaty Consultative parties (ATCPs) began to negotiate an Antarctic minerals regime. They suggested that the concept of the common heritage of mankind (CHM), applicable to the international sea-bed area, be expanded to apply to Antarctica, particularly to its resources. These countries raised the curtain on debating the question of Antarctica at the UN forum, and made the following question a subject for discussion by the international community: does the concept of CHM apply to Antarctica, and, if so, to what extent? This question has represented one of the strongest external challenges to the Antarctic Treaty System (ATS); indeed, it has been the central focus in the development of interest in the Antarctic minerals regime.