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116

JAN ONDŘEJ

CYIL 5 ȍ2014Ȏ

the Arctic. It also appreciates the fact that the first legally binding agreement negotiated

under the auspices of the Arctic Council, the

Agreement on Cooperation in Aeronautical

and Maritime Search and Rescue in the Arctic

, has come into force.

The Declaration also contains issues concerning acting on

climate change

. It

confirms the commitment of all Arctic states to work together and with other

countries under the United Nations Framework Convention on Climate Change

of 1992. It urges all parties to the Convention to continue to take urgent action to

meet the long-term goal aimed at limiting the increase in global average temperature

to below 2 degrees Celsius. It also urges the parties to the Montreal Protocol on

Substances that Deplete the Ozone Layer to take action to achieve enhanced black

carbon and methane emission reductions in the Arctic and to report at the next

ministerial meeting, in 2015.

Another part of the Declaration also pays attention to

protecting the Arctic

environment.

It announces the Agreement on Cooperation on Marine Oil Pollution

Preparedness and Response in the Arctic, which is the

second legally binding agreement

negotiated under the auspices of the Arctic Council. The Council decided to establish

a task force to develop an Arctic Council action plan or other arrangements on oil

pollution prevention and to present the outcomes of its work and any recommendations

for further action at the next ministerial meeting in 2015. The Declaration notes with

concern that Arctic biodiversity is being degraded and that climate change is the

most serious threat. It welcomes the Arctic biodiversity assessment and approves its

recommendations and encourages Arctic states to follow up on its recommendations.

Further on in the Declaration attention is paid to other environmental issues.

An important point of the Declaration is

strengthening of the Arctic Council.

It

acknowledges that the work of the Arctic Council continues to evolve to respond to

new challenges and opportunities in the Arctic. It requests senior Arctic officials to

recommend ways and means to strengthen how the work of the Arctic Council is

carried out, including identifying opportunities for Arctic states to use the Council’s

work to influence and shape action in other regional and international fora as well as

identifying approaches to support the active participation of Permanent Participants. It

requires them to present a report on their work at the next ministerial meeting in 2015.

There are s

ome parallels

between the conception of the Arctic Council and the

Antarctic Treaty Consultative Meeting; however, there are also a number of

significant

differences

. Concerning these differences, the basis for consultative meetings of the

Antarctic Treaty is the Treaty itself (Article IX), while in the case of the Arctic Council

it is not a legally binding document. As already mentioned above, no special treaty

about the Arctic has been concluded. This also leads to a difference in the objective of

concluded acts. In the case of the AntarcticTreaty, Article IX, paragraph 1 presupposes

that the meeting shall be for formulating and considering, and recommending to

their Governments measures in furtherance of the principles and objectives of the

Treaty. A similar formulation is naturally missing in the Arctic Council document.

The acts concluded at the Antarctic Treaty Consultative Meeting are often specific