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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.