I’m a US Citizen. Suppose, for a moment, that I have the means and the drive to go to Antarctica (i.e. food, shelter, etc. are irrelevant for the moment).
What, in a legal context, could I get away with doing that would be illegal at home? (i.e. stuff that I could do in Antarctica without it being prosecutable when I get home).
Could I:
Drive without a driver’s license (or on a suspended license). (e.g. if I live in New York, and my New York license is suspended, can I drive in Antarctica without committing any specific offense?)
Set up a contraband or stolen property business. (e.g. "Ross Ice Shelf Quality Narcotics, Child Pornography, and Military-Grade Armaments Dealers. Specials this week: Buy at least 1 kilo of Meth, and get a free child porn CD! Buy at least 2 stolen DVD players and get your choice of 10g Crack Cocaine at half price or 5% off a Fully Automatic Rifle!). Assume that no Internationally Recognized Piracy on the high seas occurred.
Murder people I find (the second thread below seems to indicate that the answer to this might be no)
I don’t intend to do any of these things, don’t worry.
Most of Antarctica is subject to territorial claims by various nations. I’d imagine that each of those nations asserts the existence of a legal jurisdiction in the area of its claim; the United Kingdom certainly does, for example. So the first issue is what laws are asserted to be in force in that jurisdiction. A slight complication is caused by two or three of the claimed areas overlapping! I have no idea what country’s law is considered to be in place for the staff, etc. of the numerous research stations.
The US doesn’t recognise any territorial claims in Antarctica. But that’s presumably not going to do you much good if you’re apprehended by British authorities for an offence committed in the British Antarctic Territory under that territory’s laws.
On the other hand, it seems highly probable that the US has special legislation in place to cover offences, etc. committed by its nationals in what it views as territory otherwise lacking its own laws. So if someone doesn’t catch you at the time, someone with a badge is going to be knocking on your door when you get back home. If you try and avoid such difficulties by heading to a third country, then there’s going to be a request for extradition heading to that country’s authorities from the US and/or from the country (if any) asserting sovereignty over the territory in which the alleged crime was committed.
So as well as depending on where you’ve done whatever you’ve done, it is also going to depend on who catches you at it, and where they catch you.
I’m thinking especially about the so-called “malum prohibitum” offenses that, according to legal theory, aren’t inherently evil or wicked. Things like driving on a suspended driver’s licence, illegal weapons, illegal drugs, copyright violations, loan sharking, those kinds of things.
Who regulates land vehicle traffic in Antarctica? Where does one register a vehicle and who sets the speed limits?
Joe: “I see you made it back from McMurdo.”
Bill: “Yeah, but the Pole Patrol nailed me halfway. $150 for exceeding the speed limit on rough ice. I can fight it, but I have to go all the way to Christchurch, New Zealand to appear to contest.”
Joe: “Bummer, man!”
So I, as a US Citizen, am prohibited from selling flavored cigarettes to workers at research stations in Antarctica (other than menthol), because that is illegal under US law, but people from countries that don’t ban them can? How do I determine the speed limit for me in Antarctica? Do I look up the “wilderness” or “unsigned road” default speed limits in my home jurisdiction and use those?
<driving along across the ice, Bill is driving>
Joe: “Can’t we go any faster? Everyone else is passing us.”
Bill: “No, I live in Podunk, Oklahoma. In Podunk, unmarked roads and wilderness trails have a speed limit of 25. I’m subject to their laws while I’m here. Also, put away that beer can. We have an open container law at home.”
Joe: “!@#$%^ Let me drive. I live in Seatown, Ireland, and the wilderness speed limit is 60 there.”
Antarctic research supervisor: “Smoke if you got’em, and if your home country’s laws permit smoking in an enclosed work area.” I could see law conflict like this causing social strain…
There are two. One is ceremonial, right next to the base. The other is the actual pole. Its position changes from year to year as the actual pole moves due to slight changes in the earth’s rotation.