Are people allowed to live in Antarctica?

Answer 1

Answer

It is not "legal" for anyone to move to Antarctica, because The Antarctic Treaty System, signed by 46 countries, some having territorial claims, some without such claims to the continent, preserves it for scientific research purposes. While certain countries reserve the right to make claims in the future, all have agreed not to do so while the treaty is in effect.

This means that no country may enforce its laws in Antarctica; therefore, no one has a right to simply move there and establish ownership rights. No one may stake a claim to any portion of the continent because no government has the legal authority to enforce such a claim against other people.

The ATS further requires signatory nations to pass laws in their own countries, binding their own citizens to the terms of the treaty.

Many sources point out that there are no indigenous people on Antarctica, therefore there is no "government." Never the less, governing functions are carried out according to the ATS with the cooperation of the 46 member nations. Virtually all of Antarctica is claimed by one or more countries however they are neither pressing nor relinquishing their claims. If some group were to move to Antarctica and attempt to set up a government, the claim to that spot of land would undoubtedly conflict with some country's claim and that country would assert its claim against the intruding party. No country would sit quietly by and allow some individual or organization set up a colony on its territorial claim. The ATS might permit the claiming nation to evict the individual or group by using its military forces even though in general the Antarctic is not permitted to be used for military purposes.

The ATS requires member nations to pass laws prohibiting their citizens from acting contrary to the terms of the ATS. Title 16 Chapter 44 Section 2401, et seq. contains a list of prohibited activities as well as both civil and criminal penalties for individuals or organizations of the United States taking actions contrary to the ATS.

Some people might suggest that if there is no law covering the Antarctic then it would be unlawful for any individual, organization or country to evict a colony. This is nonsensical, since, if there is no law governing the area, then it would not be unlawful for one entity to forcibly remove another entity from any location not governed by law.

The ATS also provides in its 1919 Protocol on Environmental Protection to the Antarctic Treaty that for the present actions to exploit mineral resources in the area are prohibited unless done for purposes of scientific research.

In the end, it is all about International Law and cooperation among nations, rather than individual countries exercising sovereignty over territories, that keeps Antarctica pristine.

One last thing about setting up home in the Antarctic. The ATS and Title 16 Chapter 44, Section 2403(b)(2) of the United States Code forbids the introduction of any member of a nonnative species to the Antarctic unless authorized by permit. In other words: NO PETS ALLOWED.

Answer 2

Yes. In order to live in Antarctica, you must qualify to work as a scientist or in support of science, pass a set of rigorous physical and mental examinations, and be hired by a government.