96
JAN ONDŘEJ
CYIL 5 ȍ2014Ȏ
On the Author:
doc. JUDr. Jan Ondřej, CSc., DSc. is an Associate Professor
(Docent) of International Law at the Charles University Law School in Prague , and
the Vice-Rector and the Head of the Department of Law and Security at the Private
University College of Economic Studies, Ltd. in Prague. Dr. Ondřej is the author
of a textbook, International Public, Private and Trade Law (2012), and of many
publications on international spaces (space law, law of the sea, Antarctica) – e.g.
the publication The Law of International Spaces (2004), and on disarmament and
international security – e.g. the publication Disarmament – Means of Ensuring the
International Security (2008). He also co-authored the publication International
Humanitarian Law (2010).
Introduction
The Arctic, unlike Antarctica, is not a continent but mainly a frozen sea around
the North Pole. We speak about the Arctic Ocean, with a surface of around 14 million
square kilometers
1
. It is the smallest ocean on the Earth; its surface is only one sixth
of the Indian Ocean. As far as dry land is concerned, only separated islands can be
found in this area. The
Arctic
region
is defined as the region between
the Northern
Polar Circle and the North Pole
. This region therefore includes not only the Arctic
Ocean but also eight states which lie in this region: Canada, Denmark (including
Greenland), Finland, Iceland, Norway, Russia, Sweden, and the USA. These states
created the Arctic Council (see below), which deals with the issues pertaining to
this area. Five countries from the list lie directly on the shores of the Arctic Ocean:
Canada, Denmark, Norway, Russia, and the USA.
New challenges have arisen in relation to the Arctic in the 21
st
century. Global
warming will probably have far-reaching consequences not only for the Arctic Ocean
and its resources but also for other areas of the world. The warming influences the
melting of glaciers in the Arctic and allows exploration of previously inaccessible
resources and the use of new sea ways. The interest of states has therefore been on the
rise recently, mainly because of the mineral resources on the sea bed and underneath
the Arctic Ocean. According to the Resolution of the European Parliament, about
20% of the undiscovered reserves of crude oil and gas can be found in the Arctic region.
2
The issue of legal regime in this area arises. A comparison with Antarctica,
which surrounds the Southern Pole, is sometimes made. Concerning Antarctica,
an international legal regime was established based on the Antarctic Treaty of 1959.
However, a similar comprehensive special regime was not created for the Arctic region.
1
Encyclopedia Britannica
www.britannica.com/EBchecked/topic/33188/Arctic-Ocean(
accessed on
11 July 2013)
2
European Parliament Resolution of 9 October 2008 on Arctic Governance.