The Factors Of The Domestic Law In Antarctic Treaty System

Begin with the "Antarctic Treaty",the Antarctic law and order are gradually established.It’s development process along with check and balance among Antarctic stakeholder countries. Countries have different interests in the Antarctic through negotiations, come to relatively consistent, they cooperate with each other and finally establish a common management system of the Antarctic affairs. The every stage of development of existing Antarcticalegal order are affected by different demands of countries,while consultative status’s domestic legislation can reflect this appeal. Recalling the formation process of the existing Antarctic Treaty System,we can find that the main driving force of it’s development is the against among each status. Antarctic protection and rational utilization, is dependent on the entire Antarctic Treaty System and the member states, the key lies in the will of States Antarctic activities. Although the Antarctic Treaty System froze territorial claims, a temporary ban on the mineral activity, and made a request to protect the environment of plants and animals, but did not deny the claim to sovereignty over the country’s aspirations, could not prevent the development of pressure under the Antarctic resources for countries to look forward to. So I preliminary judgment, national Antarctic current domestic legislation topics, in addition to fulfilling the Antarctic treaty obligations to protect the Antarctic environment, but also includes relevant to confirm their claims, and for taking measures to provide a legal basis, and sought for the Antarctic Treaty System impact on future development.In contrast, most of the Consultative Parties Antarctic affairs have to develop appropriate national laws and regulations, rather than negotiate the few countries such specialized domestic legislation. Antarctic Treaty Consultative Parties, due to differences in Antarctic affairs start sooner or later, as well as historical and political factors that affect all countries, leading to the degree of its domestic legislation to improve and involve different areas. According to the contents of the current Antarctic Treaty System, the International Antarctic legal system can be roughly divided into two categories, one is the Antarctic environmental protection system, and the other activities in the Antarctic resource management system, Treaty Consultative Parties domestic legislation also focuses on these two aspects. According to the actual existence of the principle of the Antarctic pursued, who first investigated for an area, will have priority in this area station, scientific research ability to judge a country remains one of the most important factors in the strength of the South Pole. Therefore, the current national Antarctic activities in Antarctica is still dominated, in line with the implementation of the treaty, the Antarctic claim and regulate their own activities, and better participate in the international legal system construction in the Antarctic to go, many of the Consultative Parties to the Antarctic legislation, support research activities, and on the whole of the Antarctic activities of the licensing system as a set threshold.Throughout the Antarctic legislation of different contries, currently 29 Consultative Parties of the Antarctic Treaty Consultative Meeting, the vast majority of countries have adopted national laws, regulations or policies, no matter what the effect level, what form of legislation, all of its national will reflect, reflect out of the country as a participant in the International Antarctic affairs, Antarctic-related activities for their own position and requirements, as well as values lies. Antarctic field activities and the performance of the countries involved in Antarctic affairs decisions, and will be subject to their respective domestic legal norms guiding values, values affect national legislation on Antarctic activities, this time converted to the Antarctic Treaty Consultative Meeting Procedure of content, process The results even affect the entire Antarctic management system.Although China is a great country on Antarctic affairs, which have perennial and inland research station in Antarctica, also actively involved in many aspects of international Antarctic affairs management, but China lags behind the world’s legislative practice, contrary to the Antarctic expeditionstrength, and has negative impact of the right to speak of our country in the international Antarctic affairs. Therefore, China should be enacted as soon as the Antarctic campaign management legislation, to fulfill its international obligations, in order to rank higher legal coordinating multi-agency co-management of Antarctic affairs, further building management systems Antarctic legal system, regulate Antarctic activities, and effectively protect the Antarctic environment, peace rational use of Antarctica and safeguard the interests of the South Pole.