--- In BoundaryPoint@yahoogroups.com, Kevin Meynell <kevin@m...>
wrote:

>
> >I also always wondered about law in such places. Who has legal
> >jurisdiction? in Antractica, in ESMO, in...?
>
> The situation in Antarctica would appear to be complicated. The

seven

> nations claiming territory on the continent would seem to apply

their own

> national law within their claims, but several of these areas

overlap, and

> none are recognised by any other country.

Well, if they signed the treaty then their claims have to be null, as
international treaties usually as laid out in constitution go above
national law. But if their own citizens were involved in a crime then
they would probably prosecute. OK, fine, French claim, Frenchman
kills a Frenchman, trial in Paris. But if the nationalities of the
offender and victim were different then what? If a Frenchman is
killed in French claim France is gonna be saying our citizen killed
on our land, but the offender's country will say we don't recognize
your claim. If the offender is French and victim is different, then I
guess offender qualifies for Paris court anyway, but the victim's
country may not like it.

The Antarctic Treaty (signed by

> 45 nations) also establishes a legal structure within the

continent, but I

> think this only makes the provision for crimes to be prosecuted by

> offender's own country.

Prosecution by offender's country seems more practical. But
prosecution by victim's country would be more justiful? AND -
WILDCARD. Killer in Antarctica, in no one's claim, who is stateless!
huh, how is that?! You say, goes over to the victim's country. Well,
you do know what I'm gonna say next :)) Killer in Antarctica, in no
one's claim, who is stateless and kills a stateless person. Countries
of residence of one of the statelesses. What if they both have no
residence permits anywhere? I'll be darned if you can answer this!!!
Victim and perpetrator, boths stateless and residencyless,
Antarctica, no one's claim. Who would like to write a novel? :))

And answer this too, even if you have a country to prosecute you, who
can ever extradite you form Antarctica :))

If a national of a non-signatory country were to

> commit a crime in Antarctica, could they still be prosecuted?
>
> Regards,
>
> Kevin Meynell