Extraction and jurisdiction
Forms of law and the Antarctic Treaty System
Bibliographic Data
| ID | 14971324 |
|---|---|
| Authors | Caitlin Murphy (0000-0003-4818-119X, Institute for International Law and the Humanities, Melbourne Law School, Carlton, Australia, corresponding author) |
| Year | 2023 |
| Volume | 32 |
| Issue | 2 |
| Pages | 175-189 |
| Publication date | 2023-04-03 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Griffith Law Review (JOURNAL) |
| Journal identifiers | ISSN: 1038-3441 • E-ISSN: 1839-4205 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/10383441.2023.2223481 |
| OpenAlex | W4381106923 |
| Language | EN |
| References cited | 45 |
This article joins a conversation that examines the dynamics of extraction in global space and their relationship to practices of authorisation in international law. The article offers an analysis of a specific historical debate that occurred through the negotiation of the since-abandoned Convention on the Regulation of Antarctica Mineral Resource Activities (CRAMRA). The debate was largely over whether the Antarctic Treaty System (ATS) should continue to govern Antarctica. This article argues that while extracting mineral resources from Antarctica has now been foreclosed, the jurisdictional form that remains is part of the enabling legal infrastructure that patterns contemporary global extraction. Specifically, this jurisdictional form entails the reassertion of international legal authority grounded in colonial territorial claims, and a reappropriation of the Common Heritage of Mankind principle (CHM) to appeal to a construction of universality that repeats the familiar colonial move of locating ‘humanity’ largely in the Global North. In the contested times of the Anthropocene, discussion of the ATS rightly celebrates an instance of restraining corporate extraction of hydrocarbons from an unstable climactic ecosystem. However, we could also take account of how the ATS’ jurisdictional form could contribute to contemporary global extraction and its highly unequal consequences
Jurisdiction · Political science · Project commissioning · Publishing · Treaty · Arctic and Russian Policy Studies · Law · Polar Research and Ecology · Space exploration and regulation
International Polar Law
Forms
Extractivisms
Capitalism As Civilisation
Jurisdiction
Imperialism, Sovereignty and the Making of International Law
The Oxford Handbook of International Law and Development
A Jurisprudence of Movement
Decolonising International Law
Rule of Experts
The Antarctic Treaty System
Laws for the Anthropocene
Ocean Floor Grab
International Law and Economic Exploitation in the Global Commons
Sharing the Riches of the Sea
Other Spaces’
Common Heritage of Mankind as a Limit to Exploitation of the Global Commons
Locating Nature
Jurisdiction and Settler Colonialism
The cynical state
A Minerals Regime for Antarctica
Infrastructure, Jurisdiction, Extractivism
Extraction Contracting
Walking with Empire
Anthropocene, Capitalocene, Plantationocene, Chthulucene
| Highly cited | No |
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