October, 2020
Ludovic Chan-Tung, « Le traité sur l'Antarctique comme traité objectif: une nouvelle approche », HALSHS : archive ouverte en Sciences de l’Homme et de la Société, ID : 10670/1.3dtzuk
The 1959 Antarctic treaty is usually regarded as an objective treaty which means creating rights and imposing obligations to third States. According to a classic point of view, its opposability to third States could be explained by either collective perspective, or individual perspective, or normative perspective. Rejecting this method, the article puts forward a cumulative approach based on a mix of normative, individual and collective perspectives. The result is a redefinition of objective treaty as a convention that can be indirectly enforced against third States by States parties which, through lawful actions, seek to convince them to agree not to jeopardize conventional regime.