极地研究2017，Vol.29Issue(4)：531-544,14.DOI:10.13679/j.jdyj.2017.4.531
论南极条约体系的法律实施与执行
IMPLEMENTATION AND ENFORCEMENT OF THE ANTARCTIC TREATY SYSTEM
摘要
Abstract
The Antarctic Treaty System (ATS), with the Antarctic Treaty as its core, has established extensive in-ternational obligations for all Contracting Members, such as Antarctic demilitarization, environment protec-tion, and the preservation of living marine resources. With unceasing development of the ATS, human ac-tivities in Antarctica have also undergone tremendous change, from governmental organized scientific expe-ditions to diverse human activities that include but are not limited to Antarctic tourism, fishing, and the ex-ploration of living resources. The main principles and rules established by the ATS have been implemented and executed mainly through an inspection mechanism at international level and by adopting the necessary laws and measures at national level. However, the legitimacy and effectiveness of the Antarctic regime con-tinue to be plagued by deficiencies of necessary remedies for the inspection mechanism, an enforcement vacuum regarding non-contracting members arising from the dilemma of personal jurisdiction, and the in-capability of law enforcement due to the remote geographic location and hostile natural environment and climate. In facing these challenges, the Antarctic regime should react positively and adopt comprehensive measures such as reinforcing law-enforcement cooperation, improving the Antarctic inspection system, and intensifying the polar education of its citizens.关键词
南极条约体系/法律实施与执行/视察机制/门户国家管辖权Key words
Antarctic Treaty System (ATS)/implementation and enforcement of ATS/inspection system/gateway state jurisdiction引用本文复制引用
陈力..论南极条约体系的法律实施与执行[J].极地研究,2017,29(4):531-544,14.基金项目
国家哲学社会科学基金项目(11BFX141)、国家海洋局国际合作司(港澳台办公室)与中国极地研究中心联合项目(QY201501- 04)资助 （11BFX141）
