CYIL 2014

WHAT IS THE LEGAL REGIME OF THE ARCTIC?

The states lying in the Arctic region (apart from the above mentioned eight states,

the European Union also shows great interest in the Arctic) realize the necessity of

solution of the regime for different reasons. Especially, the seabed is rich in mineral

resources; also important is the issue of sea transport in this region, and the issue of

the protection of the environment of the Arctic, and also the living conditions of the

native inhabitants of this region.

What norms of international law apply for this region, and how should its regime

be regulated. As it is in fact mostly sea it seems most logical in the Arctic to apply the

norms of the

international law of the sea

In May 2008 the Ilulissat Declaration

was concluded as a result of negotiation

of five coastal states bordering on the Arctic Ocean – Canada, Denmark, Norway,

the Russian Federation and the USA. Representatives of these five states met, being

invited by the Danish Minister of Foreign Affairs and the Premier of Greenland

in Ilulissat, Greenland. The Declaration speaks about the threshold of significant

changes that the Arctic Ocean is standing at. Climate change and the melting of ice

have a potential impact on vulnerable ecosystems, the livelihoods of local inhabitants

and indigenous communities, and the potential exploitation of natural resources. The

Declaration also mentions

an extensive international legal framework

which applies to

the Arctic Ocean, as discussed between the representatives at the meeting in Oslo on

15 and 16 October 2007. As a consequence, the Declaration states that 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. The states stress that they

remain committed to this legal framework

and to

the

orderly settlement

of any possible overlapping claims. It can be concluded that

under the extensive international legal framework are understood the norms of

the

international law of the sea

The states also conclude that this framework

provides a solid foundation

for

responsible management by the five coastal States and

other users

of this Ocean through

national implementation

and application of relevant provisions. The Declaration also

says that the coastal states see

no need to develop a new comprehensive international

legal regime

to govern the Arctic Ocean. It also says that they will

keep abreast of the

developments

in the Arctic Ocean and continue to implement appropriate measures..

The Ilulissat Declaration does not restrict itself to the relationship of the five

coastal states of the Arctic Ocean but mentions cooperation with

other interested

parties

. The Declaration explicitly states that the five coastal states currently

cooperate closely in the Arctic Ocean with each other and with other interested

parties. This cooperation includes the collection of scientific data concerning the

continental shelf, the protection of the marine environment and other scientific

The text of the declaration can be found in: THE ILULISSAT DECLARATION, ARCTIC OCEAN

CONFERENCE, ILULISSAT, GREENLAND, 27 – 29 MAY 2008, available at:

www.arcticgovernance

org (accessed on 22 July 2013).