İnsanlığın Ortak Mirası ve Antarktika'nın Hukuksal Statüsünün Belirlenmesi

Abstract

Antarctica is governed within the framework of the Antarctic Treaty System founded upon the Antarctic Treaty. The adoption, in 1982, of the United Nations Convention on the Law of the Sea, which provided the international seabed to be the common heritage of mankind, introduced the discussions on the application of the concept of the common heritage of mankind to Antarctica. These discussions, which were associated with the legal regime of Antarctica, were held especially before the United Nations General Assembly within the scope of the agenda item of the Question of Antarctica. On the basis of the question of “whether Antarctica is the common heritage of mankind”, this study is aimed to determine the legal status of the continent. In the determination of the legal status of Antarctica, in spatial terms, four fundamental regimes that we can enumerate as territorial sovereignty, trust territory, res nullius and res communis are considered.