Antarctic security and adequacy of legal regulations

This paper critically examines the adequacy of the current legal framework governing Antarctica – the Antarctic Treaty System (ATS) – in addressing emerging security-related risks in the region. With Antarctica facing mounting environmental threats from climate change, increasing tourism, potential bioprospecting, and strategic interest from global powers, the paper explores whether existing legal instruments are sufficient to mitigate these challenges. The study identifies significant regulatory gaps and ambiguities using legal and content analysis of relevant literature. These include unclear provisions on bioprospecting and resource use, limited enforcement and inspection mechanisms, insufficient responses to maritime and human security risks, and the growing dual-use nature of scientific activities with possible military applications. The analysis suggests that while the ATS has thus far maintained peace and environmental protection, its effectiveness is undermined by geopolitical competition and evolving global demands. The paper concludes that without legal and institutional reforms, such as more precise definitions, stronger enforcement mechanisms, and enhanced transparency, the long-term stability and credibility of the Antarctic governance regime may be at risk.

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Publication Details

Journal
Polar Science
Published
2025-11-11
DOI
https://doi.org/10.1016/j.polar.2025.101309
Primary Topic
Polar Research and Ecology
Type
article
Field-Weighted Citation Impact
0.00
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article

Antarctic security and adequacy of legal regulations

Agnieszka Szpak
Polar Science
Polar Research and Ecology
article

Antarctic security and adequacy of legal regulations

Agnieszka Szpak
article en

Abstract

This paper critically examines the adequacy of the current legal framework governing Antarctica – the Antarctic Treaty System (ATS) – in addressing emerging security-related risks in the region. With Antarctica facing mounting environmental threats from climate change, increasing tourism, potential bioprospecting, and strategic interest from global powers, the paper explores whether existing legal instruments are sufficient to mitigate these challenges. The study identifies significant regulatory gaps and ambiguities using legal and content analysis of relevant literature. These include unclear provisions on bioprospecting and resource use, limited enforcement and inspection mechanisms, insufficient responses to maritime and human security risks, and the growing dual-use nature of scientific activities with possible military applications. The analysis suggests that while the ATS has thus far maintained peace and environmental protection, its effectiveness is undermined by geopolitical competition and evolving global demands. The paper concludes that without legal and institutional reforms, such as more precise definitions, stronger enforcement mechanisms, and enhanced transparency, the long-term stability and credibility of the Antarctic governance regime may be at risk.

Polar ScienceVol. 47
Nicolaus Copernicus University (PL)
Openalex Percentile: Top 67%
Polar Research and Ecology
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Antarctic security and adequacy of legal regulations — Agnieszka Szpak · Polar Science (2025) | TGRS Research Map | TGRS