Give the Penguins Their Freedom: The Case for Antarctic Independence
The ATS has been instrumental in protecting the Antarctic continent from its inception to the present day. The drafters of the Antarctic Treaty reacted to the problems the continent faced at the time, and created a system that has successfully—though not perfectly—safeguarded Antarctica for the past sixty years. That said, the ATS is no longer capable of shielding the continent from opportunistic resource extraction or climate change. The ATS further acts as a barrier to comprehensive criminal reform on the continent—the extent to which violent crime has proliferated in the Antarctic is quite sadly astonishing. Existing proposals to remedy the flaws in the ATS are superficial in scope and fail to address the underlying issue: a system in which everybody has an incentive to maximize their influence over the continent will inevitably fail—countries will prioritize their own national advancement over the good of Antarctica. If we truly want to preserve this continent for future generations and ensure its continued survival, we should entertain bold proposals. Countries around the world are waking to the idea that the natural environment has the right to exist free of human destruction. By recognizing that right in Antarctica, the global community could create a new system of Antarctic governance—one that prioritizes the protection of the Antarctic environment, protects the people on the continent from odious crimes, and safeguards the seventh continent for centuries to come.
Recommended Citation: Scott L. Warner-Hudston, Give the Penguins Their Freedom: The Case for Antarctic Independence, 49 Fordham Int'l L.J. 1547 (2026).