Conceptualizing and enhancing the argument for port state control in the Antarctic gateway states

Antarctica is a global commons – an area recognized internationally as a shared resource outside of state jurisdiction. As with any global commons, the protection of the public good lies within the public interest. A wide array of regulation is required to protect the public interest in common goods from adverse impacts arising from unsustainable private sector behaviours. In the Antarctic context, tourist transportation to the continent can threaten the natural environment, particularly when Antarctic tourist vessels are involved in accidents, which has occurred at least 11 times since 2007. Many of these accidents, as well as most seafaring accidents in general, involve ships flying flags of convenience. More than 44% of vessels carrying tourists to Antarctica were flagged by states that are not party to the Antarctic Treaty System. This, coupled with the increasing demand for Antarctic tourism experiences, raises concern about how best to ensure the safety of the vessels and limit the risks posed to th...