The Arctic in a Legal Perspective

Ambassador Hans Corell

Maritime Systems and Technology (MAST)

Stockholm

21 october 2009

Purpose of my presentation

• To give the participants an overview of the legal regime in the Arctic

• To indicate some of the (fully legitimate) disputes relating to the Arctic

• To point to some of the areas where there is a need for regulation

• To look ahead and point to the Arctic as an opportunity to cooperate and demonstrate statesmanship

The Globe

• 70 % sea

• Some 6,7 billion people today

• In spite of reduced nativity in some areas, the world population is estimated to increase to 9,2 billion at mid-century (UN Population Division)

The Seas

• The 1982 UN Convention on the Law of the Sea

• Territorial sea – 12 nautical miles• Exklusive Ekonomic Zone (EEZ) – 200

nautical miles• The continental shelf can continue further

out • The Area – ”The common heritage of

mankind”

Antarctica – The Antipode • The litmus test for the globe! • Some 14 million square kilometres (USA 9,6 milj. –

Russia 17 milj.) but no-ones territory • 90 procent of the freshwater resources of the globe

are frozen on Antarctica • 45 States have a well functioning cooperation within

the framework of the Antarctic Treaty, signed in Washington on 1 December 1959

• The main purpose of the Treaty is to ensure in the interest of all mankind that Antarctica shall continue for ever to be used exclusively for peaceful purposes and shall not become the scene or object of international discord

• Applies south of the 60th Meridian

The Antarctic Treaty – a model for the Arctic?

• Some suggest it is!• I strongly disagree!• But there are lessons learned that can be

of use also in the Arctic, in particular with respect to good cooperation and addressing environmental concerns

An overview of the legal regime in the Arctic

The Arctic

• A sea – the Arctic Ocean of some 14 million square kilometres – surrounded by continents

• There is a legal regime – mainly the 1982 United Nations Convention on the Law of the Sea

• For the most part, this will be Exclusive Economic Zone (EEZ) and Continental Shelf; the Russian flag!

• The raise of temperature; glaciers and permafrost are melting

• The significance of the conventions for environmental protection

The Ilulissat Declaration

On 28 May 2008, representatives of the five coastal States bordering on the Arctic Ocean – Canada, Denmark, Norway, the Russian Federation and the United States of America – met in Ilulissat, Greenland, and adopted a declaration that has been called ”The Ilulissat Declaration”.

http://www.oceanlaw.org/downloads/arctic/Ilulissat_Declaration.pdf

From the Ilulissat Declaration

”Notably, the law of the sea provides for important rights and obligations concerning the delineation of the outer limits of the continental shelf, the protection of the marine environment, including ice-covered areas, freedom of navigation, marine scientific research, and other uses of the sea. We remain committed to this legal framework and to the orderly settlement of any possible overlapping claims.”

Some of the (fully legitimate) disputes relating to the Arctic

Maritime jurisdiction and boundaries in the Arctic regionSource: International Boundaries Research Unit, Durham University

Maritime jurisdiction and boundaries in the Arctic region

The map just shown is an excerpt of a map prepared by the International Boundaries Research Unit at Durham University. The full map is available at:

http://www.dur.ac.uk/ibru/resources/arctic/

Disputes – Examples

• Barents Sea: Norway-Russia

• Beaufort Sea: Canada-U.S.A. 141 meridian vs. equidistance

• Northwest Passage: Canada-?

• Russian Continental Shelf?

Some of the areas where there is a need for regulation

Need for regulation• Navigation

• Search and rescue

• Fisheries

• Oil and gas extraxtion

• Environmental protection

Climate and security

• Sea level rise• Desertification• Intergovernmental Panel on Climate Change• The Bali Action Plan – Copenhagen 2009• Transfer of technology and financial resources• “The right climate for the rule of law” at

http://www.havc.se/res/SelectedMaterial/20080421corellrightclimateforrol1.pdf

The Arctic as an opportunity to cooperate and demonstrate

statesmanship

Arctic cooperation

• Eight Arctic (five coastal) states – all democracies

• The Arctic Council

• My Nashville address on 6 February 2009 at www.havc.se under “Selected Material” and “The Arctic”

• The Arctic Governance Project http://www.arcticgovernance.org/

“Common Concern for the Arctic”

• Conference arranged by the Nordic Council of Ministers on 9–10 September 2008, Ilulissat, Greenland

• Conference report available at http://www.norden.org/da/publikationer/publikationer/2008-750/at_download/publicationfile

• Chairman’s conclusions

“Common Concern for the Arctic” – from my Chairman’s conclusions

(a) In order to bring about necessary action, matters relating to the Arctic and the High North must be addressed at the highest political level.

“Common Concern for the Arctic” – from my Chairman’s conclusions

(b) The issues discussed at the Conference must be addressed through appropriate institutional arrangements and the adoption of precise legal rules or action plans. Such decision-making depends on well structured information, based on solid research.

“Common Concern for the Arctic” – from my Chairman’s conclusions

(c) Before new rules are contemplated states and international organisations should ensure that the existing legal regime is implemented and that states that have not yet acceded to or otherwise accepted elements of this regime do so.

“Common Concern for the Arctic” – from my Chairman’s conclusions

(d) There is a clear connection between the work to protect the Arctic and the work necessary to develop an effective post 2012 climate regime which is expected to be agreed upon at the Climate Change Conference in Copenhagen in December 2009.

“Common Concern for the Arctic” – from my Chairman’s conclusions

(e) Against this background and in view of the active engagement that the European Union has demonstrated in the field of environment and climate change, it is of utmost importance that the European Union and other major actors get deeply involved in matters relating to the Arctic; because of its impact on the climate of the earth and human living conditions far outside the High North, the Arctic is of concern to the whole world.