Polar Dispute Settlement: Frameworks, Function and Future

Abstract

Arctic and Antarctic law and governance is under the international spotlight with respect to the ability to respond to a range of issues including territorial tensions, maritime claims, environmental impact, and resource development. This raises for consideration contemporary international dispute settlement mechanisms. Whilst the Arctic and Antarctic have not been the scene of significant international discord there are examples of dispute settlement mechanisms having been utilised ranging from diplomatic initiatives to judicial settlement before the International Court of Justice. This paper assesses the practice associated with polar dispute settlement, considering overarching frameworks under the Charter of the United Nations and the law of the sea, before turning to review the function and future of the distinctive regional practices that have been adopted in the Arctic and Antarctica.

Keywords: Arctic, Antarctic, International Dispute Settlement, Law of the Sea, United Nations Charter