Antarctica vs. the Arctic

Two poles, two completely different legal worlds

Antarctica is a continent with no sovereign, internationally recognized state administration—a scientific “reserve” for peace and research. The Arctic, by contrast, is an ocean surrounded by the territories of eight states, where the usual rules of international maritime law and domestic legislation apply. This article explains how these two poles are governed, what is permitted and prohibited, and debunks the most common myths. Antarctica and the Arctic may look similar (ice, polar night, -40 °C), but legally, politically, and practically they function very differently. Antarctica is a “laboratory” protected by an international regime that for 65 years has kept military and extraction ambitions out of play; the Arctic, on the other hand, is a web of overlapping national jurisdictions, where the rules are set by UNCLOS and sectoral agreements (SAR, oil spills, science, fisheries). For a tourist or scientist, that means different permits, different fuel rules, and very different “what I can / can’t do” from the moment you start planning a trip.

Antarctica has a stricter environmental framework

In Antarctica, every planned activity must undergo a preliminary environmental impact assessment (EIA)—from a one-day film shoot to building a station. For activities with more than a “minor or transitory” impact, a Comprehensive Environmental Evaluation (CEE) is required, with international commenting through the CEP/ATCM. The Madrid Protocol also bans any minerals resource regime (except for scientific research) and sets tough rules on waste, invasive species, and pollution from ships. In practice, that means paperwork, a biosecurity plan, waste collection, and reporting—even for tourism operators. 

Antarctica in brief: where the Antarctic Treaty applies

The Antarctic Treaty applies to territories and waters south of 60° south latitude. There are three core principles: use exclusively for peaceful purposes, freedom of scientific investigation, and the free exchange of scientific results. The Treaty also preserves the “status quo” of territorial claims—it does not allow new claims or the expansion of existing ones.Antarctica (ATS): The Antarctic Treaty (1959) prohibits militarization, nuclear explosions, and the disposal of radioactive waste; it guarantees freedom of science and allows inspections anytime, anywhere (Art. VII). The “Madrid” Protocol (1991) expanded it with six annexes (EIA, fauna/flora, waste, marine pollution, protected areas, liability). Marine living resources are managed by CCAMLR (krill, toothfish, the Ross Sea MPA 1.55 million km²). 
Arctic: Instead of a single “constitution,” there is the Arctic Council and three sectoral agreements: SAR 2011 (division of search-and-rescue areas), Oil Pollution 2013 (preparedness and response) and Science 2017 (facilitating research). The overall framework is UNCLOS, including rules on the continental shelf and Article 234 (ice-covered areas—stricter anti-pollution rules by coastal states). 

Is Antarctica an “independent country”? No—but it is a continent without a sovereign

Although seven states have historically declared claims, none of them has internationally recognized sovereignty over the entire continent, and other states do not recognize those claims. Article IV of the Treaty explicitly keeps these positions “frozen” and prevents new claims from arising while the Treaty is in force.

Antarctica is stricter than the Arctic

In Antarctica, MARPOL Reg. 43 bans heavy fuel oil (HFO)—it may not be used or carried. In the Arctic, the HFO ban (Reg. 43A) took effect on 1 July 2024, but with exemptions/deferrals (protected fuel tanks, national exemptions) through to 2029, which environmental initiatives criticize (including because of black carbon). For voyage planning, this means the same ship may comply with the Antarctic regime, but in parts of the Arctic it may still legally sail on HFO—or vice versa. 

What is prohibited in Antarctica?

The Treaty allows Antarctica to be used only for peaceful purposes (a ban on military measures) and prohibits nuclear explosions and the disposal of radioactive waste. The Protocol on Environmental Protection (the so-called Madrid Protocol) adds an absolute ban on any activities relating to mineral resources (except for scientific research). Important: this is not a “ban until 2048”—the prohibition has no expiry date; it can be changed only under strict conditions and by consensus of the Parties.

Protected areas, permits, and tourism

A large share of sensitive sites is protected as ASPAs (Antarctic Specially Protected Areas) or ASMAs (Antarctic Specially Managed Areas). Entry into an ASPA is possible only with a permit issued by the relevant state; visitors and operators must follow both general and site-specific visitor guidelines. Many countries require special permits for their citizens and for entities departing from their territory under national laws (e.g., the US Antarctic Conservation Act).

Shipping and fuels: the Polar Code, the heavy fuel oil ban, and differences between the poles

The mandatory IMO Polar Code applies to ships (safety, environmental protection). In Antarctic waters, the use and carriage of heavy fuel oil (HFO) as fuel or cargo has been prohibited since 2011; in the Arctic, the HFO ban took effect on 1 July 2024, but with temporary exemptions (for some vessels and flags) until roughly 2029. This is why the Antarctic regime on HFO is stricter and older.

Who oversees living resources in the Southern Ocean: CCAMLR and fisheries

Fisheries and the protection of marine ecosystems around Antarctica are coordinated by CCAMLR (the Commission for the Conservation of Antarctic Marine Living Resources), part of the Antarctic Treaty System. It sets quotas, areas, and monitoring measures (including the fight against IUU fishing).

Who decides on the “shelf” and the seabed

Antarctica: territorial claims are “frozen” and mineral extraction is prohibited; the focus is more on ecosystem protection than on delimitation disputes. The inspection regime ensures transparency for stations and ships in ports. documents.ats.aq+1
Arctic: coastal states submit evidence to the Commission on the Limits of the Continental Shelf (CLCS) under Article 76 of UNCLOS —using the “60 M from the foot of the slope” and “1% sediment thickness” criteria, with the general cap of 350 M / 100 M from the 2,500 m isobath. That’s why you see media headlines about the Lomonosov Ridge or “extensions” of the continental shelf.

What this means in practice for scientists and tourists (Antarctica)

• Permits & EIA: even non-governmental activities (e.g., expeditions) must have an EIA under Annex I and often specific permits as well (USA: 40 CFR Part 8; ACA). Entry into an ASPA is only by permit; ASMAs coordinate movement. 
• Visitor limits (IAATO/ATCM practice): max. 100 people ashore at any one site (ships with >500 passengers may not conduct landings), 1 guide per 20 guests; specific sites (e.g., Hannah Point) may also have time/number limits.
• Biosecurity: mandatory brushing and disinfection of footwear, vacuuming dry debris/seeds from pockets and a dry interval between landings; near colonies, typically a 5 m distance (more for sensitive species or when approaching by boat). 
• Waste and “no nuclear”: ban on nuclear explosions and disposal of radioactive waste (Treaty Art. V); Annex III requires minimizing waste and removing many items off the continent. 

What this means in practice for operations and business (the Arctic)

Fisheries: the central Central Arctic Ocean is covered by a moratorium on unregulated commercial fishing (2018/2021)—16 years of space for science before any potential opening of commercial fisheries. 

Rules change at the boundary of territorial waters: on land and in the territorial sea, national law applies; in the EEZ and beyond, the game is played under UNCLOS and sectoral agreements. Article 234 of UNCLOS allows coastal states to tighten anti-pollution rules in “ice-covered areas.” 

Safety and incidents: the SAR Agreement (2011) divided coordination zones among the 8 states; the Oil Pollution 2013 agreement harmonizes preparedness and mutual assistance for oil accidents. For operators, this affects route planning, insurance, and mandatory equipment. 

The Arctic: an ocean surrounded by states, not a single shared “regime”

The Arctic encompasses the territories of eight Arctic states (Canada, Denmark–Greenland, Finland, Iceland, Norway, Russia, Sweden, and the USA). Political and expert coordination is handled by the Arctic Council—a high-level cooperation forum focused on the environment, sustainability, and science. The Council is not an “Arctic government” nor a defense pact, and its decisions are made by consensus; it also has three legally binding agreements (SAR 2011, oil spill response 2013, scientific cooperation 2017).

How the sea is divided in the Arctic: UNCLOS and domestic legislation

In Arctic seas, the general “law of the sea” (UNCLOS) applies. A state has a territorial sea (12 nautical miles), an exclusive economic zone (EEZ) out to 200 nautical miles, and rights over the continental shelf. Some states submit extended continental shelf claims beyond 200 miles to the Commission on the Limits of the Continental Shelf (CLCS); the CLCS issues scientific recommendations, not “ownership decisions.” The North Pole as such is not “owned” by anyone—it falls under the law-of-the-sea regime and potential extended shelves based on geological evidence.

Bans and restrictions in the Arctic: what you must adapt to

In addition to the Polar Code and the progressively tightened HFO ban, there are sectoral agreements (e.g., the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean, in force since 2021) that proactively prohibit commercial fishing on the polar “high seas” until there is sufficient science and rules. Other activities—extraction, shipping, tourism—are governed mainly by the national laws of the relevant states in their territorial waters and on land.

Krill, toothfish, and protection in Antarctica

CCAMLR manages krill through “trigger” limits and spatial allocation of quotas; annual scientific assessments (WG-EMM) and mandatory observers on vessels are standard. Illegal toothfish fishing is tackled through the Catch Documentation Scheme (CDS) —without the “paperwork,” the catch cannot be sold. The Ross Sea MPA (1.55 million km²) is so far the flagship protected area.
Note: in recent seasons, tensions have been rising around krill management and the expansion of MPAs—these are politically sensitive, consensus-based negotiations.

Svalbard (Spitsbergen): a visa and legal special case

Svalbard is a fully integrated part of the Kingdom of Norway under the Svalbard Treaty (1920), which also guarantees nationals of the contracting parties equal economic rights and a specific demilitarized status for the archipelago. Entry to Svalbard is visa-free, but if you need a visa for the Schengen Area, you need a multiple-entry Schengen visa when transiting via mainland Norway. The Svalbard Treaty (1920) recognizes Norwegian sovereignty but guarantees equal economic rights to signatory states and imposes environmental obligations. Fun fact: Svalbard is a visa-free zone, but if you fly via mainland Norway/Schengen, you need the correct (double-entry) Schengen visa arrangement to transit back. It is not a demilitarized zone in the sense of a total ban on the military, but military use is treaty-restricted; questions of “militarization” periodically return to the media.

Operational navigation: the Polar Code and why it matters

The Polar Code (IMO) is an “all-in-one” framework—from ship design (ice class), equipment, and crew training to environmental chapters. In both Antarctica and the Arctic, it is mandatory via SOLAS/MARPOL and feeds into route planning, equipment (e.g., firefighting systems in extreme conditions), ice pilots, and training. If you’re planning a charter or an expedition, ask the operator about the Polar Ship Certificate and the fuel-tank arrangement (protected tanks). 

Most common myths and quick answers

“Can you buy land in Antarctica?” No—there is no sovereign state administration that could sell property rights, and the treaty system protects the continent for peace and science. “Will the mining ban end after 2048?” Not automatically; the ban has no expiry and changing it is subject to strict conditions and consensus. “Are there military bases at the South Pole?” No—military use is prohibited, although military personnel may be present for peaceful and scientific purposes.

Practical tips for visitors and scientists

If you are traveling with an operator, verify which country’s system is used to arrange permits (the start and end points of the expedition). Follow general and site-specific visitor guidelines, expect entry restrictions for protected areas, and comply with bans on disturbing wildlife or introducing non-native species. For researchers, strict permitting regimes apply (ASPA/ASMA, sample collection, transport of materials).

Recommended videos to understand the context

The Antarctic Treaty – a brief explanation (EN)

The Arctic Council – what its role is (EN)

Quick recap—what to take away

• Antarctica = one strong regime (Treaty + Protocol + CCAMLR); the Arctic = many regimes (UNCLOS + sectoral agreements + national law). 
• Fuels: Antarctica has banned HFO for years; the Arctic has had a ban since 2024 with exemptions through 2029.
• Permits: Antarctica = EIA + permits + IAS/biosecurity; the Arctic = procedures based on the state and type of activity. 
• Visits: stick to limits (100 people), disinfect gear, keep distances from wildlife (min. 5 m on land, more depending on species/site).

Sources

1. The Antarctic Treaty – official overview and text (ATS Secretariat) — https://www.ats.aq/e/antarctictreaty.html(Antarctic Treaty System)
2. THE ANTARCTIC TREATY – full text (PDF) — https://documents.ats.aq/keydocs/vol_1/vol1_2_AT_Antarctic_Treaty_e.pdf (documents.ats.aq)
3. Environmental Protocol (Madrid Protocol) – official info (ATS Secretariat) — https://www.ats.aq/e/protocol.html (Antarctic Treaty System)
4. Resolution 3 (2023) – Reaffirmation of the mining ban (ATCM/ATS) — https://www.ats.aq/devAS/Meetings/Measure/807 (Antarctic Treaty System)
5. Visitor Site Guidelines and General Guidelines for Visitors (ATS/IAATO) — https://www.ats.aq/devAS/Ats/VisitorSiteGuidelines; https://documents.ats.aq/recatt/att707_e.pdf (Antarctic Treaty System)
6. ASPA/ASMA – Area Protection and Management (ATS) — https://www.ats.aq/e/protected.html (Antarctic Treaty System)
7. Antarctic Conservation Act & Permits (NSF/USA) — https://www.nsf.gov/geo/opp/env/antarctic-conservation-act-permits (NSF – National Science Foundation)
8. IMO Polar Code – official page — https://www.imo.org/en/ourwork/safety/pages/polar-code.aspx (imo.org)
9. MARPOL Annex I Reg. 43 – HFO ban in Antarctica (MEPC.189(60), PDF) — https://wwwcdn.imo.org/localresources/en/KnowledgeCentre/IndexofIMOResolutions/MEPCDocuments/MEPC.189%2860%29.pdf(wwwcdn.imo.org)
10. Arctic: HFO ban from 1 July 2024 (Arctic Council – report) — https://arctic-council.org/news/changing-tides-of-arctic-shipping-how-new-fuels-impact-the-arctic/ (Arctic Council)
11. Report on the Arctic HFO ban’s effectiveness and exemptions (Reuters) — https://www.reuters.com/sustainability/climate-energy/new-fuel-restrictions-ships-arctic-fall-short-green-groups-say-2024-07-01/ (Reuters)
12. The Arctic Council – who’s who, documents, and agreements — https://arctic-council.org/ (“Key documents” section) (Arctic Council)
13. UNCLOS Part V – EEZ (UN DOALOS) — https://www.un.org/depts/los/convention_agreements/texts/unclos/part5.htm (un.org)
14. UNCLOS Part VI – Continental Shelf (UN DOALOS) — https://www.un.org/depts/los/convention_agreements/texts/unclos/part6.htm (un.org)
15. CLCS and the extended shelf – explainer (US CRS) — https://www.congress.gov/crs-product/R47912 (Congress.gov)
16. Svalbard – government materials on the treaty and status (Norwegian Government) — https://www.regjeringen.no/en/dokumenter/meld.-st.-26-20232024/id3041130/ (Regjeringen.no)
17. Svalbard – visas and residence (UDI) — https://www.udi.no/en/word-definitions/svalbard/ (udi.no)
18. Visas and immigration – Governor of Svalbard (official guidance) — https://www.sysselmesteren.no/en/visas-and-immigration/ (Sysselmesteren på Svalbard)
19. Antarctic Treaty & inspections, nuclear ban, EIA, waste: ATS/Secretariat and treaty texts (Arts. V, VII), Annexes I & III; BAS and NSF for practical implementation guidance. Antarctic Treaty System+4documents.ats.aq+4documents.ats.aq+4
20. Polar Code (IMO): overview of requirements. imo.org
21. MARPOL – HFO: Antarctica (Reg. 43) and the Arctic (Reg. 43A, effective 2024, exemptions through 2029). steamshipmutual.com+1
22. CCAMLR – krill, toothfish, CDS, Ross Sea MPA: official pages and information materials. ccamlr.org+2cm.ccamlr.org+2
23. Arctic – binding agreements (SAR 2011, Oil Pollution 2013, Science 2017): Arctic Council documents. oaarchive.arctic-council.org+2oaarchive.arctic-council.org+2
24. UNCLOS Articles 76 and 234: official UN text and UNTERM notes. un.org+2unterm.un.org+2
25. IAATO/ATCM visitor and biosecurity guidelines: 100-person limit, cleaning footwear/gear, site-specific pages. iaato.org+2Viva Expeditions+2
26. Svalbard – visas and status: the Governor of Svalbard and an overview of Norway’s strategy.