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Project

International Law and EU Law perspectives for further involvement of the European Union in Antarctic Governance

The subject of this project is located at the point where International and EU Law meet, particularly in relation to the Union’s participation within the Antarctic Treaty System (ATS). Currently, the Union is only able to take part, within its competences, as a member of the Commission for the Conservation of Antarctic Marine Living Resources. The founding international treaty – a mixed agreement, from EU Law perspective – allows for the accession by Regional Economic Integration Organisations. The Union is nonetheless excluded from the remainder of the ATS, due to its status as a Non-State actor. However, there may be several factors of EU and International Law that could allow for the Union to directly partake in the System; the research will be aimed at their analysis, in order to determine if this is legally possible, and under what terms if the conclusion indicated that it is. From the point of view of International Law, this project shall address the alternatives offered to International Organisations to directly participate in the framework of international treaties (e.g. observer and enhanced observer status), as well as the nature of the ATS’ fora. In order to determine to what extent the results of these analyses are applicable to the EU, the law regarding its external action will be discussed under the light of the principle of conferral, and the recent CJEU jurisprudence (e.g. the OIV and Antarctic MPAs cases).

Date:16 Aug 2022 →  Today
Keywords:Antarctica, non-State actor
Disciplines:International law
Project type:PhD project