Antarctica is the only continent on Earth that does not belong to any one country. While several nations lay territorial claims to parts of Antarctica, it remains largely uninhabited and without any private ownership of land. So can you actually buy and own property in Antarctica? The short answer is no, but the full explanation is more complex.
Antarctic Treaty System
Antarctica is governed by the Antarctic Treaty System, which was established in 1959. The Antarctic Treaty prohibits any new territorial claims and freezes all existing claims. It also bans military activity, nuclear explosions, and the disposal of radioactive waste. Importantly, the Treaty states that Antarctica is to be used only for peaceful and scientific purposes.
Under the Antarctic Treaty, no person or country can own land in Antarctica. The Treaty effectively sets aside Antarctica as a scientific preserve and establishes the continent as a place of peaceful international cooperation. All territorial claims to Antarctica by various countries are held in abeyance as long as the Treaty remains in force.
Can Individuals Make Land Claims?
Even though the Antarctic Treaty prohibits new claims of sovereignty, it does not expressly prohibit private property rights. In theory, someone could attempt to purchase land in Antarctica from one of the countries that claims territory there.
However, the seven nations with territorial claims in Antarctica (Argentina, Australia, Chile, France, New Zealand, Norway, and the United Kingdom) all prohibit private land ownership. Their laws state that any purported land sale in Antarctica would be invalid and unenforceable. So you cannot legally purchase and own any land from these countries, even if you found a seller willing to draw up a deed.
Buying Land from Countries Without Antarctic Claims
What about buying land from a country that does not have a territorial claim in Antarctica? For example, could you purchase land from a private seller in Russia or Brazil?
This would still be prohibited by the Antarctic Treaty. The Treaty prevents any exercise of sovereignty in Antarctica, so any purported land sale or private ownership claim would not be recognized. The global community would not accept any private property rights without the consensus of the Antarctic Treaty members.
Owning Physical Structures
The Antarctic Treaty only covers sovereignty over land – it does not address ownership of structures and improvements. This means it may be possible to construct and own a building or facility in Antarctica without owning the land it sits on.
However, any planned construction would need approval by one or more of the countries with territorial claims where the building is located. These nations restrict construction to scientific bases and strictly control building activities under environmental protocols.
Owning Antarctic Resources
The Protocol on Environmental Protection to the Antarctic Treaty prohibits any activity relating to mineral resources in Antarctica, except for scientific research. This bans exploring, drilling, extracting, selling, or owning oil, coal, precious metals, minerals, or other Antarctic resources.
The one exception is for scientific investigation, such as collecting small rock samples for research. But even scientists cannot keep or profit from any resources collected – anything removed from Antarctica must be studied and then returned without changing ownership.
Inheriting Land in Antarctica
Some people wonder if they could inherit land in Antarctica from a relative who supposedly owned it decades ago, before the Antarctic Treaty was signed. However, it is exceptionally unlikely that any such inheritance claim would be considered valid today.
Prior to the Antarctic Treaty, there were some limited cases of countries issuing land grants and making territorial claims of sovereignty over slices of Antarctica. But the global community has not recognized any acts of sovereignty in Antarctica since 1959, regardless of any historical claims.
Owning Antarctica Through Conquest
In the early 20th century, several countries claimed territory in Antarctica by planting flags and simply asserting sovereignty over areas they explored. However, conquest and claiming land by occupation is no longer accepted under international law. The Antarctic Treaty specifically prohibits such actions today.
Buying Land from Extinct Countries
Some have suggested trying to buy land in Antarctica from an extinct sovereign state that previously claimed territory there, hoping that such historical claims could still hold legal weight. However, the international community recognizes no right of sovereignty in Antarctica other than the provisions of the Antarctic Treaty.
Owning Antarctica Under International Law
The most plausible path to private ownership of land in Antarctica is if the Antarctic Treaty was dissolved and the international consensus changed significantly. If Antarctica became “up for grabs” again, entities or individuals might be able to stake valid sovereignty claims to unclaimed areas.
However, this scenario is extremely unlikely in the foreseeable future. The Antarctic Treaty has been signed by over 50 countries and has effectively preserved Antarctica for peaceful scientific cooperation since it entered into force in 1961.
Could Antarctica Have an Independent Government?
Some people have suggested Antarctica could potentially form an independent government that owned and controlled the continent. However, this would require the unanimous agreement of the current Antarctic Treaty signatories to relinquish all territorial claims. There is currently no political motivation to attempt such a drastic transformation of the Antarctic governance system.
Owning Antarctica Through International Business
Private companies cannot own land in Antarctica under the Treaty’s restrictions, but they can participate in commercial tourism and some resource extraction activities with proper authorization. For example, companies can operate Antarctic cruises with approval by Treaty members.
Fishing and whaling are governed by separate commissions established under the Treaty. Companies can obtain permits to harvest marine life. While they do not own Antarctic territory, these businesses can profit from the continent’s resources under international agreement.
Owning Antarctica Virtually
There are some online games and virtual world environments that sell virtual “land” in Antarctica to players. While no sovereign Antarctic territory actually changes hands, these platforms provide a way to claim ownership of Antarctic land in a virtual setting. The largest is Planet Calypso, which claims over 200,000 virtual property owners in Antarctica.
Owning Antarctica in the Future
No person or country can currently own land in Antarctica, but it remains theoretically possible in the distant future. The political situation in Antarctica could potentially change centuries from now in ways that lead to the continent being divided up and territory being sold – but this remains only speculation. For all practical purposes, Antarctica is off limits to private land ownership for the foreseeable future.
Conclusion
Under current international law and treaties, no individual, company, organization, or government can own land in Antarctica. The Antarctic Treaty prevents any new claims of sovereignty while freezing all existing territorial claims in abeyance. Unless the global consensus changes dramatically, Antarctica will remain off-limits for private property ownership.