Direito Social, Regulação Econômica e Crise do Estado. Rio de Janeiro: Revan, MALBERG, R. Carré de. Teoría General del Estado. México: Fondo de. was the creator of the distinction between constituent and constituted powers. For a discussion, see Raymond Carré de Malberg, Teoría General del Estado. Raymond Carré de Malberg (–) was a French jurist and one of France’s leading constitutional scholars. As professor of public law in Caen, Nancy and.

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New York, Oxford University Press. This effect covers up certain problems in order for it to be applicable to the Antarctic Treaty. Following this, 14 articles are included that form the base for the regulation of the current Antarctic System of which the Antarctic Treaty is its cornerstone. Throughout this paper, one has been able to observe that the Antarctic Treaty has some mechanisms that have been successful in protecting the Antarctic territory and so that it is used for peaceful purposes, although some of these mechanisms can be criticized or have some flaws.

Gsneral registered it in his celebrated “long telegram” and in the Foreign Kalberg article titled: Of course, other NGOs exist such as the Sea Shepherd Conservation Society whose role in protecting the Antarctic environment is not as institutionalized as the ASOC, but rather has an active role through which it exercises “direct action” 52 practices.

Carre de Malberg (Author of Teoria General del Estado)

This shows to a large degree the coherence and power that the Antarctic Gensral members have in order to dare openly to challenge the United Nations General Assembly. Research freedom Article II, A. After the interrogations, a United States naval officer was tried in court and condemned to jail in New Zealand, while the charges filed against another three United States civilians were thrown out.

All personnel or military team that they are planning on bringing to Antarctica 3. The Antarctic Treaty A. In order to determine this psychological character of obligation of peaceful usage of Antarctica, we consider the most useful test to be the treatment that has been dfl to the ” Question of Antarctica ” in the General Assembly of the United Nations, especially that expressed in the resolutions on this topic.

With this the legal interests and the permitted, limited, or banned activities also have been extended and developed in the other treaties that make up the aforementioned Antarctic System.

One example is that of the NGO Antarctic and Southern Ocean Grneral ASOC that, as indicated in its name, is a coalition of more than members whose objective is ” to assure that the environmental and scientific assets without comparison in the Antarctic region are recognized, respected, and protected for all those that work there or visit ” The convention establishes as a measure of conservation “the rational usage” of living resources.


In the case of the non-privileged, the mechanism to determine the applicable jurisdiction is that of the Consultations, for which one should in principle turn to the custom of international public law in order to define the applicable jurisdiction.

The research problem that it was attempting to solve concerned the legal situation in the case that the own mechanisms of the mentioned treaty should fail in protecting its legally protected interests, concretely if it could be argued that the principles in the Antarctic Treaty have constituted custom in international public law and, therefore, it is source of valid law against third party states that are not party to the Antarctic Treaty. During this third phase, each government decides through its own internal process if they will accept the measure.

We consider that the states parties to the Antarctic Treaty and the Antarctic System should start a strong diplomatic campaign with the purpose of getting a large number of states to become parties to the treaty, given that this is an open treaty according to its Article XIII stating that anyone can join.

The first stance laid out the creation of ” an international mechanism to organize cooperation in Antarctica that would be restricted, in general, to the directly involved countries “, The second stance ” contemplated forms of internationalization based on practical criteria that involved the cooperation of specific fields of activity “, and the third position consisted of a ” general internationalization of Antarctica, within the scope of the United Nations, or the creation of a special organization “.

NZ probe into death hits icy wall.

In addition to the doctrinal positions that give validity of opinio juris to the resolutions of the General Assembly at the UN, the International Court of Justice accordingly declared in their Advisory Opinion on July 8, about the legality of the threat or usage of nuclear weapons in the following way: This is the reason for which we will analyze the other effects.

It is worth quoting the most relevant examples of the instruments that make up the Antarctic System that follow the logic of Antarctica as a legally protected interest as far as its territory and the Antarctic environment, in which Antarctica is the space that one can use for certain purposes without substantially altering the environment: The first to do this was Australia in November This treaty contains some mechanisms that, until now, have been effective in protecting the Antarctic territory.

This mechanism of National Jurisdiction and Immediate Consultations are backed by the Consultative Meetings, which will be dealt with further along, but some practical cases that have been presented have revealed serious deficiencies, such as those in the following examples: In the plenary discussion, the representatives agree by consensus to adopt the measure.


When considering that South Africa had been suspended from the United Nations General Assembly, the final text of the resolution on the ” Question of Antarctica ” in this session deals in a benevolent way with the condemnation of South Africa in the following terms: Monroy Cabra, Marco Gerardo OBSERVERS 40 Article VII of the Antarctic Treaty establishes this mechanism with ” the purpose of promoting the objectives and assuring the use of the regulations ” in the treaty and consists in the states that are able to participate in the Consultative Meetings contemplated in Article IX of the treaty having the right to designate observers to carry out inspections.

Raymond Carré de Malberg – Wikipedia

Carry out aerial observations in any moment in each and every Antarctic region In order for this mechanism to be effective, the Contracting Parties should report in advanced the following: The Consultative Meetings are a multidimensional forum that have allowed for the constant advancement of the Antarctic System and which allow for everything from the exchange of points of view to negotiations on binding instruments.

One of the most well-known practices of “direct action”, but not the only one, is the protection of the whales using tactics that hinder the whaling ships that hunt them and for which the leader of this NGO Paul Watson has had various confrontations with Japanese whalers.

Denmark; Federal Republic of Germany vs. Issue 1pp. Perhaps, the most convincing demonstration of the peaceful usage of the Antarctic territory previous to the Washington Conference was that carried out by India en the United Nations General Assembly inhowever, is far from earning the title of having generated custom. A series of resolutions can show the gradual evolution of the opinio juris necessary for establishing a new rule” In order to make the mechanisms effective, these observers that are nationals of the Contracting Party that designates them have the freedom to access at any moment the following: Protocol on Environmental Protection to the Antarctic Treaty, Figueroa Pla, Uldaricio Van der Essen, Alfred The natural wealth of its territorial mass is believed to be considerable and its coastal zones contain important sources of food … The Government of India considers that in order to strengthen universal peace, it would be appropriate and timely for all nations to agree and assert that the area will be used as a whole for peaceful means and for the general well-being “

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