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WHAT IS THE LEGAL REGIME OF THE ARCTIC?
and contain obligations which should be fulfilled. In the case of the Arctic Council
these rather general documents containing recommendations of a proclamation
character. Only a small proportion contains specific tasks.
Some similarities can also be found inboth bodies. For example, in the establishment
of a permanent secretariat, which was only created after some development. The activity
of the Arctic Council approaches that for Antarctica because under its auspices the first
two legally binding agreements were negotiated. In the case of Antarctica we directly
speak of the Antarctic treaty system. The similarities of both regions also consist in
the fact that both the Arctic Council and the Antarctic Treaty Consultative Meetings
deal mainly with environment protection issues.
Conclusion
The basis for the legal regime in the Arctic are the provisions of the international
law of the sea. The legal regime of the Arctic is also created by other rules of
international law with general applicability. However, special treaties that deal with
specific issues of the legal regime in the Arctic are being concluded.
The considerable mineral resources (especially crude oil and gas, but also
other minerals) which can be found under the melting Arctic glaciers, i.e. on the
seabed and under it, have recently attracted the attention of many states. It can
be summarized that the five coastal states of the Arctic Ocean (the Arctic) respect
the regulations of the international law of the sea, especially those contained in the
UN Convention on the Law of the Sea of 1982. On the basis of this convention,
they raise claims to the continental shelf beyond the 200 nautical miles limit which
would allow them exclusive exploitation of resources in their area of the continental
shelf. The legal provision concerning the continental shelf contained in the UN
Convention on the Law of the Sea apparently gives rise to many issues that are
not satisfactorily and unambiguously regulated. The delineation of the continental
shelf remains a matter of future development; especially agreements between the
states involved will be necessary, or there might be a resolution of conflict within
the framework of international law. Today international law is based on peaceful
resolution of conflicts, so the use of force should not appear. The states demonstrate
their serious interest in the Arctic and its resources also by military presence. Some
sources claim that the presence of Russian bombers and surveillance and observation
aircraft has recently (especially after 2007) increased in the Arctic. Also, for example,
Norway and Canada have announced strengthening of their military presence in
these areas. Canada, for instance, wants to establish a new army training centre and
a harbour for military vessels in the Arctic area, and Norway arms its forces.98 The
military presence, however, according to the author, only emphasizes that the fight
over mineral resources will be hard and that no state wants to be left out. There is
98 Světnička, L., Hrozí válka o Arktidu? Ruské letouny a lodě slídí u norského pobřeží. Idnes.cz from 10
December 2009. available at: (accessed on 2 August 2013).