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The Antarctic regime makes bold claims for its general validity and open access to membership by any state which is a Member of the United Nations. However, the conditionalities around acquiring decision-making status in the regime – ‘conducting substantial scientific research activity there, such as the establishment of a scientific station or the despatch of a scientific expedition’ (Antarctic Treaty) or ‘research or harvesting activities’ (CCAMLR) – have installed a formidable glass ceiling subsequently reinforced by state practice. This has been fatal to the prospects for engagement in the ATS by most Global South states beyond the most powerful and emerging economies. The challenges facing poorer states are modelled through consideration of the most disadvantaged states, the Least Developed Countries (LDCs). This article explains the functional exclusion of the LDCs and explores why they should be given agency in the Antarctic regime. It examines the options for facilitating their participation and thus overcoming the present functional exclusion.

The functional exclusion of Least Developed Countries from the Antarctic regime