4 Fla. Int'l L.J. 1 (1988-1989)
Antarctica, the Antarctic Treaty Regime, and Legal and Geopolitical Implications of Natural Resource Exploration and Exploitation

handle is hein.journals/fjil4 and id is 9 raw text is: Florida International Law Journal
VOLUME 4                       FALL 1988                      NUMBER 1
ANTARCTICA, THE ANTARCTIC TREATY REGIME,
AND LEGAL AND GEOPOLITICAL IMPLICATIONS
OF NATURAL RESOURCE
EXPLORATION AND EXPLOITATION*
Patrick T. Bergin**
I. INTRODUCTION     ...........................                   2
II. THE SETTING: THE SOUTHERN POLAR REGION ....                    6
III. FROM DISCOVERY TO DIPLOMACY: AN HISTORICAL
PERSPECTIVE     ............................                    8
A. Early Exploration .........................                  8
B.   Claims of Sovereignty .....................                9
1.  Historic  Right  .......................              10
2. Contiguity and Proximity   ................            11
3. Geological Affinity .....................              11
4.  Sector  Principle  ......................             12
5. Pan-American Primacy ..................                13
6. Effective Occupation  ...................              14
7.  Discovery  ..........................                 16
8.  Symbolic  Act  ........................               17
9.  Subjugation  .........................                18
IV. THE INTERNATIONAL GEOPHYSICAL YEAR,
ANTARCTIC TREATY REGIME, AND IRRECONCILABLE
DIFFERENCES ............................                       19
A.   The International Geophysical Year ............           20
B.   The Antarctic Treaty ......................               20
*An earlier draft of this article was awarded first place in the 1988 National Student Writing
Competition sponsored by the American Bar Association Section of Natural Resources Law.
**B.A., 1982, University of South Carolina; J.D., 1988, Florida State University, College
of Law; Research Fellow 1987-88, Policy Studies Center, Florida State University, College of
Law; Consultant, Law Firm of Connor and Martinez, Tallahassee, FL.
I am indebted to the following individuals for their helpful comments and suggestions: Donna
R. Christie, Associate Professor of Law, Florida State University; George D. Haimbaugh,
Professor of Law, University of South Carolina; and Gabriel M. Wilner, Professor of Law,
University of Georgia. I am also indebted to The Hague Academy of International Law, in the
Netherlands, for the opportunity to attend its 1987 summer session of classes and seminars on
public international law - which provided me a better understanding of the subject of this article.

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