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114
JAN ONDŘEJ
CYIL 5 ȍ2014Ȏ
These regulations can in general have importance for the protection of the environment
of the Arctic. Considering the geographic situation, no ship can enter the Arctic Ocean
without passing through the exclusive economic zone of one of the coastal states.
Many other treaties in the area of international protection of the environment refer
also to the Arctic in general (see above). Besides the abovementioned treaties, the
protection
of biological diversity
is very important for the Arctic region. The basic legal framework in
this area was set by the Convention on Biological Diversity
91
of 1992, which is applicable
also for the Arctic. Also the International Convention for the Regulation of Whaling of
1946 is important for the protection of the biological equilibrium because of the presence
of whales in this area. Even though the International Whaling Commission, established
on the basis of the Convention, announced a global commercial whaling moratorium
in 1986, some states continue whaling. They argue this is for scientific purposes, for
example Japan. Concerning fishing, other international treaties apply in the Arctic.
Especially important is the 1995 Agreement for the Implementation of the Provisions of
the United Nations Convention on the Law of the Sea of 1982 referring to conservation
and management of highly migratory fish stocks.
Concerning those special treaties related directly to the Arctic we can mention the
Agreement on the Conservation of Polar Bears
92
of 1973
.
The Agreement binds all five
coastal states of the Arctic. It forbids “taking”,
i.e
. hunting, killing and capturing, of
polar bears. The states allow the taking of polar bears when such taking is carried out
for enumerated reasons: for
bona fide
scientific purposes; for conservation purposes;
to prevent serious disturbance of the management of other living resources, taking by
local people using traditional methods in the exercise of their traditional rights and
in accordance with the laws of the state party, wherever polar bears have been subject
to taking by traditional means by its nationals. During signing of the Agreement
Canada added that by hunting by local people in the exercise of their traditional
rights it also understands sport hunting undertaken to economically support local
communities
93
. The Agreement also prohibits the exportation from, the importation,
and traffic of polar bears or any part or product thereof. One of the
problematic
elements
is considered to be the unsatisfactory definition of
bona fide
scientific research
etc.
, which allows arbitrary interpretation. The agreement also leaves a great deal of
liberty for national regulation and, in one of its regulations, for the prohibition of
hunting from aircraft and vessels where it is “prohibited, except where the application
of such prohibition would be inconsistent with domestic laws”.
94
91
The text of the Convention on Biological Diversity is available in Czech as: Úmluva o biologické
rozmanitosti, vyhl. č. 134/1999 Sb.
92
More detail on the Agreement in: Bílková, V., Lední medvědi a jejich ochrana ve vnitrostátním
a mezinárodním právu. České právo životního prostředí, 2006, č. 2, pp. 39
et seq.
93
Ibid.
, p. 40.
94
Ibid.
, p. 41.