Sub-Antarctic Islands: Sovereignty Issues

Abstract

The Sub-Antarctic Islands are not a part of, or physically connected to Antarctica, and are geographically separated from the continent by the Southern Ocean. Historically, the Sub-Antarctic Islands were the first that were sighted, landed on, and explored by Southern Ocean expeditioners. Because they enjoy more temperate climates and were more accessible, they were occupied and, in some instances, partly colonised by European powers. The Islands are north of 60°S and do not fall within the limits of the Antarctic Treaty area. Some of the islands fall within the reach of the Convention on the Conservation of Antarctic Marine Living Resources, with the result that they are subject to the so-called “bi-focal” approach with respect to the assertion of sovereignty and exercise of jurisdiction. The status of the Islands has fallen under the spotlight because of the vast maritime entitlements they generate under the law of the sea. The legal characterisation of the islands consistent with Article 121 of the 1982 United Nations Convention on the Law of the Sea has been significant. All of islands are considered juridical islands, and not rocks for the purposes of Article 121.