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CYIL 5 ȍ2014Ȏ
which are natural components of the continental margin.
78
According to Wolfrum,
79
if the ridge is
submarine elevation
which constitutes a natural component of the
continental margin, then the outer continental shelf of Russia, Canada
etc.
can
exceed 350 nautical miles. That should be demonstrated to the Commission on the
Limits of the Continental Shelf. Considering that the exact definition of submarine
ridges and submarine elevations
does not exist
, it is a question of how to characterize
the Lomonosov and Alpha-Mendeleev Ridges. We can agree with Heidar,
80
that the
consequences of classification of these sea floor heights will be important. Provided
the Lomonosov Ridge
81
is considered a continental shelf, then Canada and Denmark
(through Greenland) can also make claim to its part, and the coastal states that are
concerned should come to a delimitation agreement in accordance with Article 83 of
the United Nations Convention on the Law of the Sea.
4. Protection of the environment in the Arctic
On one hand,
soft law
82
instruments were adopted in the field of environmental
protection of the Arctic. This started with the
Declaration on the Protection of the
Arctic Environment
(“Rovaniemi Declaration”) of 1991. The main objectives of the
strategy
83
were preservation of environmental quality of
the Arctic ecosystem
and
natural resources, accommodating environmental protection principles with the needs
and traditions of Arctic Native peoples, monitoring environmental conditions, and
reducing and eventually eliminating pollution in the Arctic Environment. This strategy
was incorporated
84
into the activity of the
Arctic Council
created in 1996 (see below).
Also the
Ilulissat Declaration
deals with protection of the environment of the
Arctic Ocean. It says that the Arctic Ocean is a unique ecosystem, which the five
coastal states have a stewardship role in protecting. Experience has shown how
shipping disasters and subsequent pollution of the marine environment may cause
irreversible disturbance of the ecological balance and major harm to the livelihoods
of local inhabitants and indigenous communities. For this reason the five states will
take steps
in accordance with international law
, both nationally and in cooperation
among and with other interested parties, to ensure the protection and preservation of
the fragile marine environment of the Arctic Ocean. They intend to work together,
including through the International Maritime Organization, to strengthen existing
measures and develop new measures to improve the safety of maritime navigation
and prevent or reduce the risk of ship-based pollution in the Arctic Ocean.
This part of the Declaration explicitly mentions the issues of the protection
of the marine environment by stressing the ship accidents that could disturb the
78
Benitah, M.,
op. cit.
79
Wolfrum, R.,
op. cit.
, p. 538.
80
Heidar, T. H.,
op. cit.
, p. 638.
81
Posner, E. A. and Sykes, A.,
op. cit.,
p.586.
82
Wolfrum, R.,
op. cit.
, p. 538.
83
Ibid.
, p. 539.
84
Ibid.
, p. 538.