State practices on antarctica and international law: Attempt at identification of India's interests, needs and future position

Abstract

International Law governing the Antarctica Treaty Regime is heavily influenced by the evolving state practice than the true interpretation of the provisions of the Antarctica Treaty of 1959. The Treaty reflecting the power structures, circumstances and global affairs has undergone sea change since its entry into force. Like other international treaty regimes, non-influential participants have started taking keen strategic, environmental, economic and research interests-the trends which are nothing but consolidating. India and China then developing countries, now the important powers in the world, are ensuring that their needs, interests and concerns are reflected into any legal and policy norms and decisions. India, although a latecomer in the Antarctic diplomacy, is steadily influencing and contributing to shape the evolving norms and practices, in particular. Indian position is more likely to be shaped in future by the positions of her Asian neighbours, but at the same time, India will also carve out its own indigenous profile that meets her future political, economic, environmental and research interests. This paper attempts to examine and understand the state practices of major Antarctic powers in the areas of bio-prospecting, territorial claims, IUU fishing (Illegal, Unregulated and Unreported), fishing environment and climate change, oil and mining, mineral exploration, governance, United Nations Convention on Law of the Sea (UNCLOS) and continental shelf, tourism, liability and dispute settlement. It puts the Indian state practice in this overall framework and sees how India, with its emerged power status, is and will influence the evolving norms. © Springer International Publishing AG 2018. All rights reserved.