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territorial claims in relation to it. This is true even in the above mentioned textbooks

of Brownlie, Oppenheim, and Dixon.

We can

agree,

however, with the opinion that not just the norms of the

international law of the sea

refer to the Arctic region

Apart from these norms, in view

of the importance of the Arctic for the environment not only of this region but of the

whole planet Earth, important rules from the area of international protection of the

environment also apply. We can mention, for example, the Convention on Biological

Diversity of 1992. Also the Convention on the Prevention of Marine Pollution by

Dumping of Wastes and Other Matter of 1972 can apply to the Arctic. The legal

regime referring to

climatic changes

can also apply to the Arctic.

The United Nations

Framework Convention on Climate Change of 1992 and the Kyoto Protocol to this

convention of 1997 can be mentioned in particular. Referring to protection of the

atmosphere three protocols to the Convention on Long-range Transboundary Air

Pollution of 1979 explicitly mention the Arctic: The 1994 Oslo Protocol on Further

Reduction of Sulphur Emissions, the 1998 Aarhus Protocol on Heavy Metals and the

1998 Aarhus Protocol on Persistent Organic Pollutants

. In the last mentioned protocol

the preamble states the vulnerability of the Arctic ecosystem. It acknowledges that the

Arctic ecosystems and especially its indigenous people, who subsist on Arctic fish

and mammals, are particularly at risk because of the bio magnification of persistent

organic pollutants. It is therefore necessary to resolve the issue of the indigenous

population of the Arctic. Sources estimate that the Arctic area is inhabited by 4

million people, one

third

of whom are

indigenous population.

We can generally agree with Winkler,

that there is

no need to create a new legal

regime

as far as the Arctic Ocean is concerned (as the coastal states also conclude in the

Ilulissat Declaration). The law of the sea and other relevant, already existing norms of

the international law create a certain legal basis. However, this does not exclude the

possibility of deepening and extending this legal regulation. The Ilulissat Declaration

expressly anticipates that the five coastal states and other users of the Arctic Ocean

will take

appropriate measures

through national and international implementation

and application to keep abreast of the developments in the Arctic Ocean.

3. International law of the sea and the Arctic

International law of the sea, namely the UN Convention on the Law of the

Sea of 1982 created the

legal framework

of the regime of the Arctic, which can be

carried out, supplemented and developed by other international treaties. The Ilulissat

Declaration of 2008 explicitly mentions the issue of freedom of navigation, the

Wolfrum, R.,

op. cit.

The text of the Protocol is available in Czech as: Communication of the Ministry of Foreign Affairs

no. 80/2010 Sb.m.s.

Commission of the European Communities, Communication from the Commision to the European

Parliament and the Council – The European Union and the Arctic region, COM (2008) 763 final (20

November 2008).

Winkler, T.

op.cit.

, p. 643.