Abstract

The purpose of this study is to verify that the principle of peaceful use of Antarctica obliges all States of the international community, even though not part of the Treaty of 1959, because the prohibition of threat or use of force is an ius cogens rule. The paper first relates to the Antarctic Treaty; then explains why the ius cogens rule prohibiting threat or use of force is applied to all States of the international community, whether or not part of the international instruments that code it; and finally we shown evidence of the existence of a specific opinio juris cogentis regarding the peaceful use of Antarctica.