Study On The Legal Problems Of Antarctic Tourism

Because of the unique geographical environment,the growing concern of the tourist and plant resources in the Antarctic,the number of tourists to the Antarctic is increasing every year.The rapid growth of the number of tourists has brought a series of problems to Antarctica.However,Antarctic Treaty System,with Antarctic Treaty as its core,has no clear and complete rules for Antarctic tourism.Refer to the relevant international rules,only a few words about the Antarctic tourism from the Antarctic Treaty System was found,and specific rules are untraceable.This makes Antarctic tourism activities in a lawless state.This paper attempts to explore the existing Antarctic tourism laws and regulations with interpretation method,including the "Antarctic Treaty" on 1959,1991 " Protocol on Environmental Protection to The Antarctic Treaty ";the International Association of Antarctic tourism organization(IAATO)for the industry self-discipline regulations and the Antarctic Treaty Consultative Meeting(ATCM)documents;and some typical countries of the Antarctic tourism policy and analysis.We gain the experience,and give reasonable suggestions to the Antarctic tourism solutions in a better way.Finally,aiming at the lack of legal legislation of Antarctic tourism in China and combining with the actual situation of China,we give some specific suggestions to develop Antarctic tourism activities in China.This article is divided into four parts:The first part: first of all,introducing the Antarctic in general.This chapter mainly introduces the geographical location of the Antarctic continent,the course of the development of Antarctic tourism,the trend of its development and the types of Antarctic tourism.The second part: focus on the analysis of the existing laws and relevant provisions of Antarctic tourism activities.This part first introduces the relevant provisions of the Antarctic tourism Antarctic Treaty System under the "Antarctic Treaty" and the "Protocol on Environmental Protection to the Antarctic Treaty and its annexes.Secondly,selecting major foreign countries such as the United States,New Zealand,Norway and analyzing a number of legal documents on its domestic policy and the Antarctic tourism regulations.Thirdly,this chapter also chooses the international Antarctic tourism activities involving other provisions such as the international Antarctic tourism organization(IAATO)on the Antarctic tourism rules,laws and related documents over the last comprehensive comparison to find new ways for the regional tourism management in Antarctica.The third part: This part mainly discusses the legal issues related to Antarctic tourism.In this part,three common legal problems are put forward to the Antarctic tourism activities,and the reasons for them are analyzed.It concludes that frozen Antarctic sovereignty makes the Antarctic area become non sovereign jurisdiction areas is the indirect cause of Antarctic tourism lack of supervision,and the less of "Antarctic Treaty" in the provisions of the Antarctic tourism is a direct cause of producing Antarctic tourism issues.Finally,combined with the current international law,it puts forward the feasible solution.The fourth part: Mainly analyzes three modes of Tourism Management Antarctic legal reform: the first mode,by the international Antarctic tourism organization(IAATO)to establish separate rules of management;the second mode,in the Antarctic Treaty System,establishing a separate specification of Antarctic tourism treaty;the third mode,adding a travel accessories to manage tourism activities in the Antarctic "under the protocol".The fifth part: This part mainly studies the urgency and suggestions of improving the law of Antarctic tourism in China.This section first analyzes the lack of China's Antarctic tourism law and the urgency of improving the relevant laws of Antarctic tourism in China at the present stage.Secondly,it summarizes related characteristics and current situation of tourism law of the Antarctic in the present stage,combining with the protection and management practice in China,and puts forward the feasible proposal.