Time for a new Arctic Treaty 8 North Pole as a Pole of Peace 14 he ircle Limit a Little, Save a Lot 28 TNo. 1. 2009 C

Cooperation or conflict? The way forward ! for arctic governance

PUBLISHED BY THE WWF In te r n ati o n a l a r C T I C P r o G r a MME The Circle 1.2009

Contents Neil Hamilton: EDITORIAL: Where is the Arctic going? 3 In brief 4 Donald R. Rothwell: Time for a new Arctic Treaty 6 Olav Schram Stokke: Arctic environmental governance: Are new regimes needed? 8 Michael Bravo: Community-based monitoring and self-interest 11 Paul Arthur Berkman: “North Pole as a pole of peace” 14 Lawson W. Brigham: Arctic marine challenges of globalization and the maritime industry 18 Alexander Vylegzhanin: What is the law applicable to protection of the arctic environment? 20 Rob Huebert: Canada and Arctic Ocean governance 21 Egil Olli: Partnership in the Arctic 23 Bilyana Raeva: The arctic melting pot 26 Peter Eriksson: Sweden in a unique position to drive change 27 Tatiana Saksina: New international rules for the Arctic Ocean: limit a little, save a lot 28 THE PICTURE: Fiction and science 32 PHOTO: U.S. Navy photo by Mass Communication Specialist 1st Class Tiffini M. Jones

The Circle is published quarterly by the WWF International Publisher: Programme Director: Neil Hamilton, [email protected] Arctic Programme. Reproduction and quotation with ap- WWF International Arctic Programme, Editor in Chief: Clive Tesar, [email protected] propriate credit are encouraged. Articles by non-affiliated PO Box 6784 St Olavs plass Editor: Lena Eskeland, [email protected] sources do not necessarily reflect the views or policies of N-0130 Oslo, Norway WWF. Send change of address and subscription queries to Ph: +47 22 03 65 00 Design and production: the address on the right. We reserve the right to edit letters Fax: +47 22 20 06 66 Film & Form/Ketill Berger, [email protected] for publication, and assume no responsibility for unsolicited Internet: www.panda.org/arctic Printed at Merkur-Trykk AS material. Please include name, title and address with all correspondence. Date of publication: April, 2009. ISSN 2074-076X = The Circle (Online)  the circle 1.2009 Editorial

Where is the Arctic going?

Welcome to the first issue of The Circle, WWF International Arctic Programme’s new publication which replaces the Arctic Bulletin. The new name is an obvious reference to the Arctic Circle, but is also suggestive of all of the systemic linkages in the Arctic, circular self-perpetuat- ing processes that keep the Arctic in balance. Many of these systems are now being destabilized by threats such as climate change. We hope that this publication will bring forward ideas on how to address the threats, and keep the Arctic in balance. The Circle will come out four times a year, and will in each publication focus on one specific issue related to the Arctic. We will ask the key international actors working within that particular area to share their thoughts and ideas on various aspects of that issue. The aim is to ensure that you will get a wide and well-in- formed perspective on the most signifi- Dr Neil Hamilton cant current issues related to the Arctic, Director and will be able to hear some new ideas WWF International Arctic directly from the source. Programme Our first topic is arctic governance. [email protected] What happens when previously inacces- sible areas of the Arctic Ocean become accessible for fishing and oil and gas exploration? How should national and interna- We hope that tional interests be balanced this publica- in the Arctic Ocean? What tion will bring are the roles of the United Nations Convention on the “forward ideas on how Law of the Sea (UNCLOS) to address the threats, and the Arctic Council? Are and keep the Arctic in the current legal regimes sufficient? What do some of balance. the arctic states want arctic governance to look like? What is the Indigenous perspective on these issues? These are some of the questions our distinguished selec- tion of authors address through their contributions. We have asked people who have solid background from not only the legal aspects of arctic governance – but also from politics, international diplomacy and academic research – to give Cover: The crew of the Los Angeles-class attack submarine USS Hampton (SSN us their views on how they see the current challenges and 767) posted a sign reading “North Pole” made by the crew after surfacing in the polar ice cap region. Hampton took part in ICEX 04, a joint operational exercise solutions. We thank all the authors for contributing with their beneath the polar ice cap. The Ice Exercise demonstrates the U.S. and British time and ideas. Submarine Force’s ability to freely navigate in all international waters, including We hope that this first issue of The Circle will give you a the Arctic. U.S. Navy photo by Chief Journalist Kevin Elliott. lot of new input and food for thought. We look forward to receiving your feedback and comments, so that we can do The WWF International Arctic Programme gratefully acknowledges the financial support of The W. Garfield Weston Foundation for publication of our best to make the next issue even better. The Circle. the circle 1.2009  In brief

climate change? This was the pressing question posed to a diverse group of scientists, conservation managers, policy makers and NGO representatives from around the Arctic who gathered at a workshop at the Abisko Sci- entific Research Station in Northern Sweden in March. The workshop was co-hosted by the WWF International Arctic Programme and the Research Station. The dis- cussions will be summarized and published in a scientific journal. Governance gaps and options mate change”. The meeting mitment to taking urgent and Big wins for made some other important effective action on climate A wwf-commissioned advances. It agreed to come change is what leaders of report on arctic governance polar bears up with a circumpolar action these nations will commit to gaps was launched at the plan for the management of later this year.” Arctic Frontiers conference WWF launched earlier bears, and to formally desig- Ultimately, the polar bear in Tromsø, Norway, in Janu- this year a concerted push nate the Polar Bear Specialist nations must join with other ary. The report International for big conservation wins Group of the World Conser- countries at the UN climate Governance and Regulation for polar bears, set firmly vation Union (IUCN) as the conference in Copenhagen of the Marine Arctic was within the context of the scientific advisory body to in December 2009 to sign written by two experts on the battle against global warm- the Agreement. These were an effective global deal on law of the sea, Erik Jaap Mo- ing. The first milestone of all measures proposed by climate change that will save lenaar and Timo Koivurova. the campaign occurred in WWF ahead of the meeting. the polar bears’ arctic sea ice The report gives an overview March in Tromsø, Norway, This was the first official habitat, along with the entire of the current international at a meeting of the parties to meeting under this agree- ice ecosystem. governance and regulatory the 1973 Agreement on the ment in 28 years and an regime of the Arctic Ocean Conservation of Polar Bears. historic opportunity to take and identifies the main gov- During this meeting, the action toward effective trans- Conservation ernance and regulatory gaps five polar bear nations Can- boundary management and of the regime. A follow-up re- ada, Greenland/Denmark, conservation of polar bears. in times of port by the same two authors, Norway, Russia and the US “Although we are gener- International Governance formally recognized climate ally very pleased with the rapid climate and Regulation of the Marine change as the primary threat meeting outcome, this is Arctic. Options for Address- to the future well-being by no means the end of the change ing Identified Gaps, will be of polar bears. They also story- it is the start on the launched later this year. This recognized formally “the path to polar bear survival,” What needs to be done to report discusses the necessity, urgent need for an effective said WWF’s polar bear co- bring arctic conservation sci- timing and comprehensive- global response that will ordinator Geoff York. “The ence, planning and manage- ness of the reform of the address the challenges of cli- real proof of this new com- ment up to speed with rapid current legal regime, the

 the circle 1.2009 type, level and proposals for critical time for the Arctic,” all the way up to larger ani- Manager of WWF’s Ant- reform, and balancing rights, said WWF International mals such as polar bears. The arctic and Southern Oceans interests and obligations. Arctic Programme Director sea ice is critical to the stabil- Initiative. “Scientists are al- Neil Hamilton. “This is the ity of the global climate, as ready unpleasantly surprised only on the ground infor- it reflects 80 per cent of the at how quickly the impacts Arctic Survey mation about ice thickness sun’s energy, whereas open of warming such as sea ice coming out of the Arctic this water absorbs it. Without sea loss are showing up in the take-off year. Satellites give us good ice, the sun’s rays will be polar regions, exceeding indications about the extent absorbed, accelerating the recent predictions.” A three person team of the ice, but this expedition warming of the Arctic and Global average warming from Britain, led by polar will produce solid informa- the entire world, leading to due to climate change since explorer Pen Hadow, ven- tion about its thickness and unpredictable weather pat- the late 1800s is showing tured out in February from density. These measurements terns and rising sea levels. severe impacts at less than Canada’s Arctic islands by are important for our under- Links to the team’s blogs one degree, as the Arctic is foot towards the North Pole standing of how long the ice can be found on www.panda. warming at about twice the to help provide important will last.” org/arctic. global average and parts of information about the future Sea ice has been on a the Antarctic are also out- of the Arctic sea ice.The melting trend since satellite stripping the global average. Catlin Arctic Survey team tracking began in the late Polar bears The polar regions themselves will remain on the ice until 1970s. The last two sum- have profound and not yet likely near the end of May. mers have seen the lowest and penguins fully understood impacts on During the 90-day trek the coverage of summer sea ice climate globally, and there team expects to be swim- ever recorded. The trend of just tip of are fears that polar tipping ming between floes for up to diminishing arctic sea ice points could trigger abrupt 150 hours where the ice has raises fears for entire arctic the climate change around the world. broken up. ecosystems that depend on it, “This is important data at a from single-celled organisms, change New book iceberg on climate As ministers from Arctic Council and Antarctic governance Treaty states held their first ever joint meeting in Wash- A new book on arctic ington in April celebrating governance was published the 50th Anniversary of recently, titled the signing of the Antarctic Climate Gov- Treaty, WWF challenged the ernance in the ministers to affirm their com- Arctic. The mitment to climate change book, which is action. edited by Timo WWF provided the minis- Koivurova, ters with compelling recent E. Carina H. evidence from both the north Keskitalo and and south poles that clearly Nigel Bankes, demonstrates global tem- looks at how relevant perature increases must be regimes, institutions and kept well under two degrees governance systems support Celsius. mitigation of climate change “A global average tem- and examines how the differ- perature rise of two degrees ent governance arrangements is clearly too much for the support adaptation processes poles,” said Rob Nicoll, in the region.

the circle 1.2009  Sovereignty and UNCLOS Time for a new Arctic Treaty

Contested sovereign rights, climate change and unexploited resources are at the core of the po- lar tension. UNCLOS provides a foundation for resolving some of the issues, says DON ROTH- WELL. But it can’t settle all the Arctic’s challenges. A new Arctic Treaty is needed.

Long neglected in terms of inter- cent years the melting of the arctic sea part of the catalyst for these events, national governance and management, ice has been dramatic, with vast tracts whilst climate change is the other part the Arctic is slowly attracting greater of open water appearing. Previously of the equation. attention as a region in need of an ef- inaccessible areas of the Arctic Ocean UNCLOS is the basis upon which all fective regime. The focus on the Arctic will potentially become accessible for countries rely in order to assert a raft in the past year has been on the rising various forms of resource exploitation of maritime claims over the territorial tension over new maritime claims, ranging from much sought after new oil sea, exclusive economic zone, and the whilst there is also growing alarm over and gas fields, to new fishery grounds. continental shelf. Whilst UNCLOS was the environmental The Northeast and Northwest Passage concluded in 1982, it has only been consequences of will also become more navigable. There since 2001 that claims have been made climate change is even talk of a true circumpolar route to an “outer continental shelf” which and how melting over the Pole between the Atlantic and extends beyond an uncontested 200 of the sea ice will Pacific, which has important implica- nautical miles to possibly as far off- Donald R. Rothwell open up previously tions for trade with China. shore as 350 nautical miles. This is the is Professor of Inter- inaccessible arctic foundation of the latest arctic oil rush as national Law at the shipping routes. Expanding sovereign first the Russians, then the Norwegians ANU College of Law, Recent events have claims and soon the Canadians, Danes, and Australian National brought these issues Contested sovereign rights are at the ultimately the Americans stake their University, and a spe- to a head. In May core of this polar tension. Whilst over overlapping claims, many of which will cialist in international 2008 officials from the centuries most land disputes have converge in the central Arctic Ocean. polar law. Canada, Russia, been amicably settled, sovereignty The arctic seabed, including that at the Denmark, Norway over the Arctic Ocean and its surround- North Pole, is effectively being carved and the US gath- ing seas is another matter. Initially up in an unprecedented ocean grab with ered in Greenland and concluded the the new law of the sea as reflected the eventual sovereign right to exploit Ilulissat Declaration which asserted in UNCLOS caused arctic states to whatever mineral resources may be that the law of sea was the basis for try and resolve maritime boundaries found as the ultimate prize. the resolution of all outstanding arctic which stretched into the adjoining Yet whilst it sets basic rules for the maritime issues. While the 1982 United frozen ocean. In some cases, such as assertion of these claims and the resolu- Nations Convention on the Law of the the Beaufort Sea between Canada and tion of disputes, UNCLOS allows for Sea (UNCLOS) provides a foundation the US, reaching a boundary settle- considerable flexibility as to their final for resolving some of these issues, it is ment has proved impossible. There has resolution. The convention does not an overstatement to suggest it can settle also been tension over the sovereign provide, for example, a clear formula all the Arctic’s challenges. rights that can be asserted over certain for how shared maritime space such as In addition to how the region should arctic waters, especially the Northwest the Arctic Ocean is to be divided. All of be managed, the Arctic’s resource Passage (claimed by Canada) and the these developments place a spotlight on potential continues to attract headlines. Northeast Passage, or Northern Sea how the Arctic is being managed and The U.S. Geological Survey estimated Route (claimed by Russia). Control of whether those countries with interests in 2008 that 90 billion barrels of un- these waters has been seen as essential in the region are capable of responsi- discovered but technically recoverable to the recognition of sovereign rights bly dealing with these new challenges. oil existed north of the Arctic Circle. on the part of the adjoining countries. Historically, the Arctic Council, first es- Climate change is another factor. In re- The law of the sea has therefore been tablished in 1996 has provided a forum

 the circle 1.2009 Maritime jurisdiction and boundaries in the arctic region

For notes to the map please see http://www.dur.ac.uk/ibru/resources/arctic Map: International Boundaries Research Unit,Durham University

the circle 1.2009  Status quo argument for arctic issues but it has consistently avoided contentious issues. Arctic environmental governance:

Alternate regional framework Are new regimes Could an alternate regional framework for the Arctic be developed? One model would be a new regime based on a needed? regional treaty. Such a treaty would need to be based upon respect for exist- ing sovereign rights compatible with Is there a pressing need to negotiate a new, comprehensive, and current legal frameworks. Within those binding treaty for protection of the arctic environment? Briefly parameters there would be potential to put: no, writes OLAV SCHRAM STOKKE. Not because strength- develop innovative responses to some of the region’s challenges. A relatively ening of legal measures is unnecessary, but because there already short framework treaty addressing exist institutions – with either broader or narrower participation fundamental sovereignty and dispute than the “Arctic eight” – that can provide better venues. resolution mechanisms which included a set of overarching regional manage- ment principles would provide a sound foundation for the regime. Essential elements would include an unambigu- This article develops a slightly debates on environmental regulation. As ous statement respecting pre-existing longer answer in three steps: it pin- a soft-law institution, the Arctic Council sovereign rights whilst at the same points institutions and players central adopts non-binding declarations at its time setting aside existing territorial or to arctic environmental governance, bi-annual ministerial meetings. In-be- maritime disputes, and processes for briefly reviews some salient environ- tween those meetings, the Senior Arctic developing appropriate resource man- mental challenges, and draws some Officials of the eight member states agement mechanisms in areas where implications as to how best to improve oversee the activities of six working seabed claims are disputed. Guiding arctic environmental governance. groups, which serve as the work-horses principles for an Arctic Treaty could of this institution. include respect for the environment, Institutions and Significant as the Arctic Council is conservation and sustainable manage- Players for regional environmental governance, ment of natural resources, freedom of Global environmental change affects several broader instruments weigh far scientific research, and acknowledge- the Arctic with particular more heavily. Most of the ment of indigenous rights. Comprehen- force, notably with respect rapid changes currently sive arctic-wide environmental manage- to temperature change underway in the arctic ment with a strong oceans focus would and bioaccumulation of natural environment are also be essential. Such a treaty would, pollutants that pose severe the result of global warm- however, only be a starting point. There health threats. The “Arctic Olav Schram Stokke ing, and the centerpiece would inevitably be a need for addition- eight” include two pivotal is a Senior Research for international action on al side agreements to address specific states in global climate Fellow at the Fridtjof mitigation of greenhouse issues such as navigation and shipping, politics, the USA and the Nansen Institute, gas emissions is the marine environmental protection, and Russian Federation – and Norway. His research United Nations Frame- threatened species protection. a third key player, China, area is international work Convention on The time has come for a reassessment has recently obtained ob- political economy, with Climate Change and its of the reluctance of the arctic states to server status in the Arctic special emphasis on Kyoto Protocol. Similar- support a fully functioning regional or- Council. That institution regime theory, interna- ly, much of the hazard- ganisation. The current arctic regime is has become a high-level tional management of ous compounds that now a patchwork of soft political responses international forum for natural resources and threaten arctic ecosystems in need of an overarching binding treaty discussing and acting on a the environment, and originate from indus- framework which UNCLOS cannot range of regional chal- arctic and antarctic trial activities and energy provide. The time for an Arctic Treaty lenges and for generating regional cooperation. generation far beyond the has come. arctic premises in broader region and require action

 the circle 1.2009 Shtokman, Barents Sea. Here a gigantic gas field is under develop- ment.

PHOTO: Trym Ivar Bergsmo/StatoilHydro

tion: transport range, persistence, toxic- ity, and bio-accumulation. The Arctic Council successfully acted as a catalyst for broader action.

Offshore Oil and Gas Fact-finding characterizes Arctic Council activities concerning regional hydrocarbons, most recently through the council’s Oil and Gas Assessment. Earlier expectations of an arctic “en- within broader institutions, including Airborne toxic ergy rush” have not materialized, but those under the regional Convention on substances the rapid warming currently underway Long-Range Transported Air Pollution The Pole-bound atmospheric and in the region and the depletion of oil (CLRTAP). By far the most important oceanic circulation systems and rivers and gas in more southerly parts of arctic single instrument regulating arctic draining into the arctic waters transport states make an escalation of hydrocar- activities, however, is the 1982 United a range of toxic substances that originate bon operations likely. Seismic activities Nations Law of the Sea Convention. It or volatilize further south, including and exploratory drilling are activities provides a legally binding framework various persistent organic pollutants of long standing; some major arctic for addressing a wide range of arctic (POPs). Low temperatures create an offshore fields are now in production, issues, also in the environmental field. arctic “cold trap”, or sink, for some of while others, like the giant Shtokman Salient provisions of this treaty have these POPs, preventing further trans- gas field in the Barents Sea, are moving become customary international law port. Accordingly, regional states and towards that stage. The main concern and are therefore binding on all states, institutions cannot seriously address the surrounding offshore oil and gas activi- whether or not they have ratified it. POPs problem without engaging broader ties in the Arctic is the risk of major Also non-arctic actors have begun international regimes. Attention focused accidents involving large-scale oil to demonstrate growing interest in the first on the creation of a separate POPs spills, a risk higher than in temperate arctic environment. Various actions of Protocol under the CLRTAP, which cov- zones. Regular operational discharges the European Parliament have aimed to ers Europe and North America, and later are unlikely to add significantly to the raise the EU’s profile in arctic affairs, on the negotiation of the global Stock- total load of hydrocarbons in arctic wa- most recently by calling in October holm POPs Convention. Activities under ters, which are largely brought into the 2008 for “a standalone EU Arctic the Arctic Council’s Arctic Monitoring region from other areas through oceanic policy” and suggesting that the Euro- and Assessment Program (AMAP) con- circulation. Should an accident occur, pean Commission should “be prepared tributed significantly to achieving these however, climate and weather condi- to pursue the opening of international instruments which today commit states tions, darkness and long distances will negotiations designed to lead to the to eliminate, or in some cases restrict, hamper rescue and restoration efforts. adoption of an international treaty for the production, use, and trade of certain The Arctic Council has adopted, and the protection the Arctic”. Soon there- particularly harmful substances. The is in the process of revising, a set of after, the EU Commission presented a AMAP’s attention to transport pathways Arctic Offshore Oil and Gas Guide- Communication on the Arctic region, and the health impact on mammals and lines, but this soft-law instrument is not highlighting environmental protection, humans glove-fitted the criteria used salient in relevant bureaucracies and it sustainable resource use, and “enhanced by the negotiators to identify chemical lacks reporting and review procedures. Arctic multilateral governance”. substances in particular need of regula- This institution’s potential as a venue

the circle 1.2009  When it comes for negotiating substantively to environmental the activity that gives rise to stronger and binding measures governance, the environmental problems either is modest, since its member- “ occurs outside the region or ship is a mix of states with Arctic is often either falls under the jurisdiction of and without jurisdiction over non-arctic states. Concerning the continental shelves of the too small or too big. oil and gas, only a sub-set of Arctic. States with an arctic arctic states have jurisdiction shelf have few incentives for over the relevant activities, negotiating such constraint on their the prevention, reduction and control of so sub-regional advances seem more exercise of sovereignty within a venue marine pollution from foreign vessels” realistic than a circumpolar approach. framework that includes non-shelf as long as such measures do not impede When it comes to environmental gov- states as well. Canada, Denmark, innocent passage. In the Exclusive Eco- ernance, the Arctic is often either too Norway, Russia and the USA adopted nomic Zone, considerably less leeway small or too big. in 2008 the Ilulissat Declaration, noting remains: coastal states can unilaterally This situation explains the emphasis that by “virtue of their sovereignty, only set rules “conforming to and giv- that arctic institutions place on monitor- sovereign rights and jurisdiction in ing effect to generally accepted inter- ing and fact-finding activities. Norma- large areas of the Arctic Ocean the five national rules and standards established tive contributions are scarce: regional coastal states are in a unique posi- through the competent international institutions largely generate soft norms tion to address these possibilities and organization or general diplomatic con- that echo rules under broader instru- challenges [and] … therefore see no ference” – meaning through the Interna- ments and fail to provide review pro- need to develop a new comprehensive tional Maritime Organization. Should cedures that would add political teeth. international legal regime to govern the the coastal state consider those rules Within these constraints, the Arctic Arctic Ocean.” Binding rules on hydro- inadequate for certain sensitive areas, it Council has nevertheless enhanced en- carbon activities negotiated among the must seek approval from this “compe- vironmental governance in the region in “Arctic eight” would distribute costs tent international organization” – even several ways: by improving the knowl- and benefits asymmetrically: the loss of for relatively modest interventions like edge base for environmental measures; regulatory leeway would afflict only the requirements for using particular sea by preparing practical guidance on how shelf states, whereas the political and lanes or compulsory pilotage. While to reduce risks associated with activities environmental gains of more ambi- particular rules apply to spatial areas involving threats to the arctic environ- tious regulation would be shared by all. with certain physical or socio-economic ment; by using broader regulatory fora Therefore, sub-regional fora seem more characteristics – such as enclosed or to highlight the arctic dimension of promising for consideration of stronger semi-enclosed seas, straits used in in- problems; and by supporting the capac- international regulations in this area ternational navigation, and ice-covered ity of arctic states to implement existing – for instance, among sub-sets of arctic areas – their implications for the rights commitments. states or through the OSPAR Conven- of coastal states to regulate maritime A legally binding arctic environmen- tion for the Protection of the Marine transport are internationally contested. tal regime would not serve to enhance Environment of the North-East Atlantic, These various constraints, and the navi- any of those functions significantly. which commits parties to best available gational interests of the leading powers Furthermore, the political impediments technology standards concerning drill- that produced them, leave scant room to reaching circumpolar agreement on ing procedures and discharge levels. for regulatory action by the arctic states a single comprehensive legal regime alone. are substantial: they include the dif- Maritime Transport fering interests that arctic states have While in areas like dumping the Law Implications for on such key issues as shipping and of the Sea Convention defines mini- Arctic Governance oil/gas activities, unresolved boundaries mum standards for regional action, this This brief review of pressing environ- and issues of jurisdiction, and the fact convention sets maximum standards for mental challenges has indicated the that many of the issues of concern are rules on other kinds of vessel pollution limits of what any arctic institution can already regulated in global or regional by foreign vessels – and those caps on aspire to, be it a soft-law forum like the treaties. Therefore, the most promising coastal-state or regional action be- Arctic Council or one based in a new approach to strengthening substantive come lower, the further away from the binding treaty. In such key areas as commitments for protection of the arc- coastline a vessel operates. Within 12 climate change, hazardous compounds, tic environment lies in seeking produc- nautical miles from the shore, states are and arctic shipping, broader institutions tive interplay between arctic institutions free to “adopt laws and regulations for are more important, because much of and existing issue-specific regimes.

10 the circle 1.2009 Historical perspective

toral states are closing ranks to protect their resource claims. There is a grain Community-based of truth in all of those. As a result, conservation NGOs like WWF and Greenpeace lobby with other monitoring and interested parties like the European Commission to adopt more interven- tionist positions, creative perhaps, but ­self-interest interventionist all the same. This has produced some interesting new propos- History shows us that interventionist measures are unlikely to als like ecosystems-based management Michael Bravo or an Arctic Treaty. While these are succeed in the Arctic, writes . The real con- interesting to conservationists and aca- servation opportunities lie in community-based monitoring. demics, they also have the unfortunate effect of either being ignored by key decision-makers or making arctic states With all the excitement about together with some input from other in- more intransigent. Now we need some a new era of governance to protect the terested countries, enough to create an history to gain a clearer picture of the Arctic, one could be excused for think- effective environmental regime? Prob- opportunities for conservation. ing that there is not much history of rel- ably not. The usual reasons trotted out evance to conservationists. After all, the are that Russia is an unreliable partner Origins of received story goes something like this: in environmentalism, the United States conserva- in 1989, Gorbachev made a famous ratifies international agreements at a tion speech in Murmansk about the end of glacial pace, and that the five arctic lit- My colleague, Ri- the Cold War ushering chard Grove, author in a new era of peace of Green Imperial- Michael Bravo is and cooperation for the ism, tells a story Senior Lecturer and Arctic. Soon after, an about the origins Head of History and Arctic Environmental of conservation: Public Policy Research Protection Strategy that a conserva- at the Scott Polar (AEPS) was estab- tion consciousness Research Institute, lished and became emerged in island University of Cam- the platform for the colonies of the East bridge. creation of the Arctic India Company Council in 1996. With like St. Helena and renewed political Mauritius in the late 1700s. Seeing pressures and volatile firsthand the consequences of destroy- commodity prices, a ing their small island ecosystems in the new era calls for a new “A View of the Town and Island of St Helena South Atlantic and Indian Oceans, they level of cooperation in the Atlantic Ocean belonging to the English realized that their existence depended to strengthen environ- East India Company.” Copper engraving. Pub- on finding new strategies for sustaining mental regulations. lished by A. Hogg c. 1790. scarce resources. Taking some liberties That potted history SOURCE: Wikimedia Commons with history, we could also say that it is of arctic governance a seminal moment in the birth of com- sounds quite plausible, munity-based environmental monitor- and the “Arctic eight” … conservation ing. are all developed na- consciousness Pause for a moment, and look north tions. Isn’t a round of to the Arctic. The subsistence harvest- sensible negotiations emerged in island ing of both land and marine mammals, following the rule of “ both wild and domesticated, by indig- law set out in the Unit- colonies of the East enous groups and settlers around the ed Nations Convention circumpolar North pose little threat to on the Law of the Sea, India Company like St. their vast environment. To the contrary, Helena and Mauritius in the late 1700s. the circle 1.2009 11 as small-scale hunters, they take what has been a prerogative in the spatial vo- the Second World War. The European they need, and in some cases, they cabulary of sovereign states to describe Community arrived with its Northern take more to trade. Their sustainable their peripheral, contiguous territorial Dimension policy accord with Russia livelihood is predicated on maintain- space informally as a “backyard”. The in 1997. ing a constant relationship of proximity vast geography of the northern latitudes and respect for the animals that sustain began to be colonized by European Homelands and them. Causing prolonged or unneces- trading companies and missionaries backyards sary suffering is seen as reprehensible. as early as the sixteenth century, but One person’s backyard is another Taking a few further liberties, we could systematic taxation, registration, and person’s homeland. Although the Arctic also say that these indigenous traditions religious conversion was a process is sparsely populated, its strength from are, culturally speaking, the original that lasted from the eighteenth century a conversation point of view is that it form of community-based monitoring through the twentieth century. The pres- is the homeland of peoples in every of marine mammals. ence of state bureaucracies – Canada, arctic country. They have everything The difference from industrial Norway, Sweden, Finland, Denmark, at stake and every reason to defend or whaling is a question of values, scale, the United States and Russia – are com- develop sustainable livelihoods. His- equipment and markets. In the far North paratively recent, growing largely after tory has shown however that amongst Atlantic, around the policymakers Spitsbergen, out of in arctic states, the sight of subsistence periphery has usu- hunters, industrial- ally gone relatively scale hunting of the unnoticed. Ro- slow-swimming man Abramovich bowhead whales is famous today had been taking because he owns a place with grow- major metropolitan ing intensity since football club, not the late sixteenth because he was an century – mainly industrialist and by the Dutch, enlightened techno- French, Germans, cratic governor of Danes, British and Chukotka. Basques. Come History also 1815, the bowheads shows us that the Seal-hunter, 1929, Nunavut. are rapidly disap- PHOTO: L.D. Livingstone/Library and Archives Canada/PA-126894 real weakness in pearing; meanwhile seeking adequate the whalers claim conservation that the whales are measures in the migrating away to Arctic is that the avoid capture. political and cultural diversity What saves the remain- of the eight arctic states is far ing bowheads, ironically, is Taking a few greater than first meets the free trade and the abolition of eye. The arctic territories are state subsidies. Their removal further liberties, at least eight backyards and reveals the sad truth that the many homelands – and not one inferior grade oil found in we could also say backyard that will be subsumed bowheads from the Greenland “ by a powerful environmental Seas was very rarely profitable that these indigenous regime. That is why we have at all. Its main advantage was traditions are, culturally an Arctic Council and why an that it came out of the backyard Arctic Treaty is politically a of Europe’s northern nations. speaking, the original non-starter. That, together with This seemingly harmless the peripheral situation of arctic word “backyard” is where life form of community- geography, makes negotiating becomes more complicated. It based monitoring of and ratifying comprehensive marine mammals. 12 the circle 1.2009 SOURCE: Wikimedia Commons A New England whaler. international regional environmental major part of the solution. The arctic partnerships. Environmental organisa- deals much, much more difficult. communities, Permanent Participants of tions can find plenty of opportunities to Where then lie the real conserva- the Arctic Council and settler peoples, develop and democratize community- tion opportunities? Geographers like are very adept at forming transnational based monitoring. Cultural obstacles to point out that local places, no – paternalism, fur bans, igno- matter how far away, are connected rance, education – are signifi- to the global and that is true of The need for cant, but they can be overcome. the Arctic. The need for environ- If conservationists are willing mental monitoring in the Arctic environmental to set aside their fears and bias- will continue to grow rapidly and es and make a genuine effort to it needs to become accessible to monitoring spend more time in the Arctic a much wider set of stakeholders. “ engaging with communities in Although the required resources for in the Arctic will their homelands, doors of op- monitoring climate change, adap- continue to grow portunity will open. The added tive responses, shipping, industrial benefit is that the money will effluence and other contaminants rapidly and it needs be much better spent than the are scarce, there are strategies for considerable sums now being optimizing monitoring. Commu- to become accessible devoted to colloquia on how to nity-based monitoring should be a to a much wider set of fix other peoples’ backyards. stakeholders. the circle 1.2009 13 Security perspective “North Pole as a pole of peace”

14 the circle 1.2009 All activities in the Arctic Ocean are jeopardized without coherent strategies for peace and stability, “North Pole as a pole of peace” writes PAUL ARTHUR BERKMAN. The issues of Arctic Ocean governance need to be reframed from the center outward rather than from the coastal periphery inward.

USS Alexandria (SSN 757) Commanding Officer, Cmdr. Michael Bernacchi looks through the periscope for a safe position to surface the boat. Alexandria surfaced through half a meter of ice during ICEX- 07, a U.S. Navy and Royal Navy exercise being conducted on and under a drifting ice floe about 180 nautical miles (330 kilometers) off the north coast of Alaska.

PHOTO: U.S. Navy photo by Chief Mass Communication Specialist Shawn P. Eklund

the circle 1.2009 15 The Arctic Ocean involves many governance components that already are in operation. Strategies cover long-standing na- Alaska tional interests of the eight arctic states, (USA) particularly the five coastal states that Canada enclose the arctic basin. There also are Russian sectoral strategies for shipping, fisheries Federation and environmental protection with in- ternational institutions that are in force among arctic and non-arctic nations. In addition, broad international legal frameworks for the sea exist beyond regional or resource specification. A widely discussed challenge is to reconcile these diverse approaches with common purpose of ecosystem-based management as Greenland (Denmark) identified in nation- Svalbard al and international (Norway) Dr Paul Arthur policy documents Berkman is Head of that apply to the 60 North the Arctic Ocean Geo- Arctic Ocean. politics Programme While such policy from the Scott Polar Arctic Circle coordination will Research Institute promote consistent at the University of and cost-effective Cambridge and a solutions to eco- Overlying water column as a source of cooperation, with the High Seas (dark blue) Research Professor system problems, as an international space in the central Arctic Ocean surrounded by the Exclusive in the Governance for Economic Zones of the Arctic coastal states (light blue). which are becom- Modified from R. Macnab, O. Loken, A. Anand, Meridian Fall/Winter, 1 (2007). Sustainable Devel- ing increasingly ur- MAP: Canadian Polar Commission (www.polarcom.gc.ca/rt.php?mode=ViewPost&postingID=88692). opment Program of gent, there is even the Bren School of greater imperative ratified by all Arctic nations except the the attention of global fora. Environmental Science to prevent interna- United States. In this regard, the Council’s most & Management at the tional discord in the In a complementary manner, the most effective tool has been scientific as- University of California Arctic Ocean as the important arrangement for coopera- sessments that could be incorporated Santa Barbara. sea-ice disappears. tion in the Arctic Ocean is the Arctic into policies established by institutions The simple truth is Council. The Council has, in line with with mandates in regions of the Arctic that all activities in the Arctic Ocean are the Declaration on the Establishment Ocean, such as the Convention for jeopardized without coherent strategies of the Arctic Council, served since the Protection of the Marine Environ- for peace and stability. 1996 as a “… high level intergovern- ment of the North-East Atlantic or the The overarching policy-making mental forum to provide a means for Convention on Future Multilateral system for the Arctic Ocean is the law promoting cooperation, coordination Co-operation in the North East Atlan- of the sea and the five coastal States and interaction among the Arctic states, tic Fisheries, as well as by institutions remain according to the 2008 Ilulissat with the involvement of the Arctic In- with global marine mandates affiliated Declaration “committed to this legal digenous communities and other Arctic with the International Maritime Orga- framework” even as they assert their inhabitants on common Arctic issues.” nization. Understanding the holistic “sovereignty, sovereign rights and Although the Council is without legal interplay among existing institutions as- jurisdiction in large areas of the Arctic personality and regulatory authority, it sociated with Arctic Ocean governance Ocean”. More specifically, this frame- has played important roles in generat- requires coordination, which could be work is the United Nations Convention ing policy-relevant knowledge about facilitated by the Arctic Council in a on the Law of the Sea, which has been the Arctic and bringing arctic issues to manner that further acknowledges the

16 the circle 1.2009 special role and responsibilities of the Three polar bears approach the starboard bow of the Los Angeles-class fast attack arctic states and indigenous people’s submarine USS Honolulu (SSN 718) while surfaced 450 kilometers from the North organizations. Pole. Sighted by a lookout from the bridge (sail) of the submarine, the bears inves- tigated the boat for almost two hours before leaving. Soviet President Gorbachev identi- PHOTO: U. S. Navy photo by Chief Yeoman Alphonso Braggs fied the existence of “burning security issues” in the Arctic over 20 years ago and proposed a forward looking is to draw a clear distinction between periphery inward – with the “North effort to treat the Arctic as a “zone of the sea floor (much of which may well Pole as a pole of peace” as Mikhail peace”. But an inclusive dialogue about come under arctic coastal state jurisdic- Gorbachev envisioned – the High Seas security risks and responses relating to tions) and the overlying water column. opens the door for stable international the Arctic Ocean has yet to emerge, as Ecologically and legally distinct from governance in the Arctic Ocean without illustrated by the Ilulissat Declaration the sea floor, the overlying water col- contravening the sovereignty, sover- asserting that “the five coastal states umn reveals an alternative jurisdictional eign rights and jurisdiction of the arctic have a stewardship role” in Arctic configuration for arctic and non-arctic coastal states. This governance solu- Ocean governance without mentioning nations alike to share in the governance tion involves the integration of science either security or peace. of the Arctic Ocean. The High Seas, as diplomacy tools (notably ecosystem- “National implementation” strategies an undisputed sea zone beyond national based management) with recognition lack the consistency needed to resolve jurisdictions, establishes the central of international space and common transboundary impacts in a dynamic Arctic Ocean as an international space interests in the Arctic Ocean for the natural system. Sectoral strategies subject to cooperative decision-mak- lasting benefit of all humanity. focused on energy development, ship- ing regarding a variety of issues (e.g. ping, fishing or tourism activities are fishing and shipping) through existing [For additional information, refer to: Berk- useful, so long as they do not lead to regulatory arrangements and customary man, P.A. and Young, O.R. 2009. Govern- fragmented governance. international law. ance and Environmental Change in the The question is how to balance na- By reframing the issues of Arctic Arctic Ocean. Science (scheduled publica- tional and international interests in the Ocean governance from the center tion: 17 April 2009)] Arctic Ocean. One useful way forward outward rather than from the coastal

the circle 1.2009 17 Challenges Arctic marine challenges of globalization and the maritime industry Globalization and the increasing economic connection of the Arctic to the rest of the planet are driving increases in arctic marine operations, writes LAWSON W. BRIGHAM, resulting in a number of challenges for the Arctic.

Prior to the recent, global Murmansk and Dudinka, port city on Norway and Russia, have also stimu- economic recession, natural resource the Yenisey River for the industrial lated increased arctic marine traffic. developments, marine tourism, and mine complex at Norilsk, the world’s Liquefied natural gas has been shipped marine scientific exploration have largest nickel producer. In northwest to markets in Spain and the U.S. East been the primary Alaska, location of the Red Dog Mine Coast from the Snøvit/Hammerfest uses responsible (the world’s largest zinc mine), large complex in the Norwegian Arctic. Oil for increases in bulk ore carriers sail into the Chukchi from the Varandey offshore terminal in the numbers of Sea during a summer ice-free naviga- the Pechora Sea (onshore oil developed ships observed in tion season to load zinc ore for carriage in western Siberia) is being shipped to Dr Lawson W. arctic waters. Arctic to Pacific markets. Since 1991 Rus- Murmansk using a fleet of new, ice- Brigham is Chair climate change, as sian nuclear icebreakers have carried breaking tankers. of the Arctic Marine manifested in arctic tourists on voyages to the North Pole. Shipping Assess- sea ice retreat, During recent summers icebreakers Increasing challenges ment and Senior provides for greater carrying scientists have sailed to every The challenges of this expanded arctic Fellow at the Institute marine access and region of the Arctic Ocean basin con- marine activity are posed by ships op- of the North. He is potentially longer ducting oceanographic and geophysical erating in support of several global in- also Professor at the seasons of naviga- research. Increasing numbers of cruise dustries – the oil and gas industries; the University of Alaska tion in many marine ships have sailed off Greenland’s east hard minerals industries (global com- Fairbanks. regions of the Arc- and west coasts, Svalbard, and in the modities such nickel, zinc, palladium, tic. However, for Canadian Arctic. Hydrocarbon devel- copper, and iron ore); and the global the maritime indus- opments in the Arctic, principally by marine tourism industry. Multiple arctic try, climate change routes are being sailed today, and sea ice retreat have not been some in ice-covered waters, the key drivers of increased arctic The significant but a majority of operations marine activity. Continued sea are being conducted in ice- ice retreat during summer may challenge for free conditions, for example provide opportunities for future the Arctic states large cruise ships operating trans-arctic voyages, but the vast “ only in summer. The risks of majority of arctic marine opera- is that the marine these voyages are varied, and tions will remain destinational, the patchwork of rules for focused on regional trade and infrastructure readily arctic ships applied by several economic development. arctic coastal states, make Early in the 21st century the accessible to the it apparent a unified, inter- scope and breadth of arctic national set of regulations marine operations is quite strik- shipping industry in are required. The significant ing. For example, year-round much of the world’s challenge for the arctic states navigation is maintained between oceans is simply not is that the marine infrastruc-

18 the circle 1.2009 available in most of the Arctic Ocean. 160° 180° 160°

140° 140°

Today’s interest in

120° the shipping routes 120° across the Arctic have relevant responsibilities for the Ocean is motivated global maritime industry as well as for by commercial pres- arctic marine navigation. These bodies sure to shorten the are important for defining the techni- sailing distance cal aspects of maritime infrastructure 100° between the100° northern required in the Arctic. The IMO instru-

North Pole Route Pole North Atlantic and Pacific ments that are relevant to arctic marine Oceans. For exam- operations include: MARPOL (Inter- ple: The sailing dis- national Convention for the Prevention

80° of Pollution from Ships, 1973 & 1978); tance over 80°the North Pole between Kobe, SOLAS (International Convention for Japan and Hamburg, the Safety of Life at Sea, 1974); BWM 80° Germany is only (International Convention for the Con- about 2,700 kilom- trol and Management of Ship’s Ballast Water and Sediments, 2004); and, the 60° eters, as opposed to 60° Northwest Passage Northern Sea Route 6,000 kilometers via IMO Guidelines for Ships Operating in 70° the traditional west- Arctic Ice-Covered Waters. The three bound route through conventions are global in scope while the Suez Canal. the IMO Guidelines are voluntary (non- legally binding) rules under current MAP: Meridian, Canadian Polar Commission (www.polarcom.gc.ca/rt.php?mode=ViewPost&postingID=88692). 60° revision. ture readily accessible to the shipping challenge for each of the arctic states; There are recognized gaps in the ex- industry in much of the world’s oceans timely sharing of this marine informa- isting IMO regulations regarding arctic- 40° is simply not available in most of tion within the arctic community40° will specific protection measures and gaps the Arctic Ocean. The exceptions to also be a critical test of arctic state in addressing practical maritime issues 20° 0° 20° this critical issue are key elements of cooperation. in the Arctic such as SAR and envi- marine infrastructure found in northern ronmental response. Several possible Norway and in regions of northwest Recognized gaps future actions include: development of Russia. Missing in most other arctic The multilateral regime that applies to unified, international standards for polar marine areas are modern navigation the Arctic Ocean, as to all oceans, is ship construction; widespread adoption charts, port services, communications, the United Nations Convention on the of the IMO Guidelines “polar classes”; salvage, search and rescue (SAR) Law of the Sea (UNCLOS). For the development of IMO arctic-specific capability, adequate environmental maritime world UNCLOS balances the standards for discharges, stack emis- response, and comprehensive weather rights (freedom) of navigation with ap- sions and ballast water; a circumpolar and sea ice information. The list of cur- propriate marine environmental protec- or arctic SAR agreement; development rent and future needs is lengthy and will tion measures and the rights of coastal of a certification program for arctic require significant public and private states; vessel-source pollution measures navigation and cold regions operations; investment. in the framework are focused on coastal a multi-lateral arctic environmental With expanded marine uses in the and flag state responsibilities. UNCLOS response agreement; and, greatly Exclusive Economic Zones of the arctic is the legal framework under which arc- enhanced investments for improving coastal states, the need for multiple use tic marine operations can be conducted, arctic marine infrastructure, beginning management strategies will become but it is a UN body, the International with increased support for hydrography, paramount. Such strategies will be Maritime Organization (IMO), that has charting and primary communications. especially important in arctic waters primary responsibility and authority to Each of these measures would enhance where indigenous residents have been regulate international shipping. Other marine safety while improving the pro- the sole seasonal users of an arctic international bodies such as the World tection of arctic residents and the arctic waterway for perhaps hundreds of Meteorological Organization (for global marine environment. The Arctic Coun- years. Also, high traffic arctic regions and regional climate, weather and sea cil’s Arctic Marine Shipping Assess- may warrant the institution of vessel ice information), the International Hy- ment to be released in late April 2009 traffic lanes for enhanced marine safety drographic Organization (for charting can act as a strategic guide or catalyst and marine environmental protection. standards), the International Telecom- for these initiatives and should be a use- Effective surveillance and monitoring munications Union, and the Interna- ful baseline assessment of current and of all arctic marine traffic will be a key tional Maritime Satellite Organization future arctic marine activity.

the circle 1.2009 19 Legal perspective What is the law applicable to protection of the arctic environment? The Arctic is subject to a patchwork of legal frameworks. ALEXANDER VYLEGZHANIN helps us navigate through the technical, legal waters of the Arctic.

The different assessments of national law of the sea and certainly not Yes. The Arctic High Seas. That is the an extensive legal framework applica- only by UNCLOS. ice and water areas of the Arctic Ocean ble to the Arctic Ocean are as follows: beyond 200 miles from the baselines. • The applicable framework con- It is often asserted that UNCLOS as Such common interests provide them- sists mainly of the United Nations a whole is a part of customary inter- selves new chances for international Convention on the Law of the Sea national law? economic cooperation in the central (UNCLOS), including its Part XI on This is not accurate. On the contrary, I Arctic. the International Area (the sea-bed would support the paper, provided by beyond the limits of national juris- Canadian Parliamentary Staff: “UNC- What practical legal steps might be diction) and the 1994 Agreement on LOS … coexists with international cus- taken to develop new chances of in- Implementation of this part, and also tomary law, which is sometimes similar ternational cooperation in the Arctic? article 76 (on a delineation – between and sometimes slightly different from Firstly, it is advisable to take use of the the continental shelf and the Interna- best environmental standards and the tional Area). The legal regime environmentally and economically best • Alternatively, the legal status of the technologies in regulating future eco- Arctic Ocean had of the Arctic nomic activity in the Arctic High Seas Dr Alexander been formed long Ocean was never in order to protect the arctic environ- Vylegzhanin is before UNCLOS “and is not now a static ment. was adopted in Secondly, bearing in mind a pos- Director of the Law body of rules. Research Center, 1982 through the sibility for new fishery opportunities Russian Academy of national legislative with melting ice in the Arctic, it may Sciences. approaches of the what UNCLOS provides.” The legal re- be useful to provide as early as pos- five arctic coastal gime of the Arctic Ocean was never and sible a concept of a contemporary legal states and the gen- is not now a static body of rules. The framework for management of living eral consent with these national prac- applicable international customary law resources in the Arctic High Seas. tices. That is, activities in the Arctic has been formed during the last centu- Thirdly, it is time for European, Rus- Ocean were governed before 1982 ries through continuous legal actions of sian and Canadian business to cooper- and are governed after UNCLOS the arctic coastal states and the relative ate in creating economically attractive, entry into force mainly by customary responses (including tacit agreement or mutually beneficial and environmental- international law. acquiescence) of other states (not only ly safe transnational legal mechanisms arctic states). for unimpeded shipping of goods via Is this of practical significance for the Northern Sea Route (along the Rus- preserving the arctic environment? Are there legal interests common sian arctic coast) from Western Europe Yes. For a court which may consider a to the EU countries and the eight to Japan or China and vice versa, and relevant international dispute, the legal arctic states in the Arctic? Are there via the Northwest Passage (along the regime of the Arctic and of the Arctic potential areas for legal cooperation Canadian arctic coast). Ocean is not covered only by the inter- among them?

20 the circle 1.2009 National perspective

Towing re-directs icebergs to another path. PHOTO: Courtesy of Petro-Canada.

There are some consistent themes Canada and Arctic but there are also some contradic- tions and mixed Ocean governance messages. This is Dr Rob Huebert is an largely caused by Associate Professor What do you do when you have spent the last 40 years the fact that Canada in the Department of trying to get everyone’s attention and suddenly you has spent more time Political Science at the laying claim to their University of Calgary. get it? This is the current Canadian dilemma regarding part of the Arctic He is also the As- the Arctic Ocean, writes ROB HUEBERT. rather than think- sociate Director of the ing about what they Centre for Military and want the Arctic for. Strategic Studies. He Canadians want is currently a Senior Since the early 1970s successive been lost for words. Second, it is real- the Arctic to be Research Fellow of the Canadian governments have attempted izing that when others do agree to pay developed in a Canadian International to get the attention of its northern attention, it is because they not only sustainable fashion Council. neighbours and the world in an effort to want to listen, but also have something that protects and establish a system of governance for the to say. promotes the interest Arctic. After being ignored for much of So what does Canada want interna- of Canadians and especially those who the last 40 years the world is suddenly tional governance in the Arctic Ocean call the north home. On 11 March, 2009 interested. However, Canada has two to look like? As with all other states, the Canadian foreign minister gave a problems. First, it was not expecting the Canadian position is a combination speech in northern Canada in which he this new attention and has momentarily of national interests, values and hopes. outlined the Canadian official position.

the circle 1.2009 21 In the speech, he said “we research is being conducted, are affirming our leadership, This means that it hopes to go all the way to stewardship and ownership in conjunction the North Pole and perhaps in the region”. In order to do beyond. This means that in this, the Canadian govern- with the expected conjunction with the expected ment has vowed to take a “ Russian, Danish and US leadership role in the process Russian, Danish and claims, almost all of the Arctic of reinvigorating the Arctic Ocean seabed will be claimed. Council – in which Canada US claims, almost all If this comes to pass, these had played a leading role in of the Arctic Ocean states will veto any inter- its creation. Canada has also national efforts to create an always been and continued to seabed will be claimed. international regime govern- be the main supporter of the ing the development of these inclusion of northern indig- resources. What may be pos- enous peoples in any discus- sible is a regional agreement sion regarding international that will allow for cooperation governance. Finally in May in the development of the oil 2008 in Greenland, Canada and gas resouces. This could agreed to the Ilulissat Declaration in The issue of shipping in the Arctic is deal with the necessary environmental which the five arctic states – Russia, perhaps the most politically sensitive standards, search and rescue and other US, Denmark (for Greenland), Norway issue facing any Canadian government. such related needs. and Canada – agreed that they would Successive governments have made Canada has also not given much resolve any boundary disputes regard- very strong statements reaffirming the thought to what a fishing agreement ing the extended continental shelf in a Canadian position that the Northwest should look like in the Arctic. It has peaceful manner. But they also agreed Passage is internal waters. Both the preferred to try to avoid this issue and that there was no need to develop an United States and the European Union as such has not been willing to consider arctic specific treaty. have both issued policy papers where the wider international ramification of they have challenged the Canadian fishing in an increasingly opening Arc- Hedging its bets view. The issue that Canada will there- tic Ocean beyond national control. The reality is that Canada is hedging its fore face in any future discussion is Thus when one examines Canadian bets when it comes to the issue of gov- how to ensure that all shipping is held interests in governance in the Arctic ernance over the Arctic Ocean. There to the highest environmental standards. Ocean, any effort to develop a multi- is no doubt that traditionally Canada But perhaps even more important, any lateral effort will now be tempered by has attempted to create a multilateral government will need to respond to national interests. Canada will not be as answer to the issues surrounding the negative public opinion if future discus- willing as it had once been to develop Arctic. But ultimately these efforts have sions are perceived as threatening the an international treaty. Instead, the Ca- been stymied by US reluctance to par- long-term Canadian position on the nadian position on any effort to develop ticipate in any such effort. At the same Passage. Thus any discussion on ship- an international governance system time, there is no doubt that recent Cana- ping in any part of the Arctic will be needs to be sensitive to these interests. dian governments are also determined difficult for Canada. What may be possible is a regional base to ensure that their own national inter- treaty that allows for the best practises ests are protected. These two factors Oil and fishing for all forms of resource development alone make it very unlikely that Canada The development of oil and gas is also – oil and gas, shipping, and fishing. would either attempt to lead or support a challenging issue. On the one hand, This could be one overarching treaty, or an effort to create an Arctic Treaty for Canada has consistently stated that a series of separate agreements. How- the governance of the region. it wants the arctic environment to be ever, it is clear that such actions need to There are five main issues that will protected. However, it has also pushed be undertaken sooner rather than later. determine the Canadian position on arc- for the development of oil and gas in The longer that vested interests for each tic governance. Each concerns resourc- the Arctic. of these areas are allowed to develop, es within its own national jurisdiction Canada is also preparing its claim the harder it will be for Canada to reach – the regulation of shipping; the devel- for its extended continental shelf in consensus on its own national position opment of oil and gas; fishing; search the Arctic. While its claims are not yet in any multilateral negotiations. and rescue, and pollution response. known, it is clear from where Canadian

22 the circle 1.2009 Indigenous perspective

the Arctic where this trend can affect indigenous peoples in several ways. Partnership Global warming is changing the very essence of our subsistence dramatically. It is facilitating access to new areas for in the Arctic operations that threaten Mother Nature herself, and any mitigation in con- Times are changing once again for the people in the High North, nection with climate-friendly energy writes EGIL OLLI. Industries are developing, the climate is chang- development will threaten the land used for indigenous peoples’ traditional ing, and new possibilities for partnerships are emerging. industries. Competence and capacity building may arguably be the most important initiative for adapting to new circumstances and for being able to The area in which the Sámi live is people and, at least to a certain extent, recognise and take advantage of new called Sápmi, and it has always been to be heard as a people. However, that opportunities. rich in natural resources. At different is still a far cry from the Sámi being an New industries are emerging. Explo- times in history, the demand for these equal partner to state authorities, that ration efforts aimed at finding oil, gas resources has made this area into a is, a partner that is viewed as a strategic and minerals in our territories are more hub of trade and contact, leading to asset when new initiatives are taken to intensive now than ever before. If we “progress” which has changed culture exploit opportunities in arctic areas. were to identify and society. Sápmi has never been an one area in which unexplored virgin wilderness. It has Adaptation know-how indigenous peoples always been and continues to be the The climate is changing. Our day-to- the world over homeland of the Sámi people. day routines and our ways of living are have had especially Times are changing yet again. There challenged by global warming. The cur- negative experi- Egil Olli has been is now growing demand for oil, gas, rent forms of fishing, farming, reindeer ences, it would be Member of the Sámi minerals and thoroughfares for trans- husbandry, hunting and trapping are in relation to the Parliament since 1989 portation. New technologies are being challenged as they stand today. Experi- production of oil, and is currently the developed and climate changes are ence and knowledge built up over the gas and minerals by President of the Sámi making resources more readily avail- generations also provide a platform for states and multina- Parliament in Norway. able. It is in the strategic interests of the adaptability. Such traditional knowl- tional corporations. states of the Arctic to learn more about edge must therefore be incorporated There is no lack indigenous territories, and to engage in into research on and scientific analyses of examples to show activities and maintain a presence there. of climate changes and global warm- how such activities The strategic interest shown in our ing. Those who live in arctic areas have have led to the quelling and ousting of territories is nothing new to the Sámi. experienced climatic variations before, indigenous peoples. This has happened Dramatic changes have taken place, at different times, to different extents by taking away indigenous peoples’ beginning in the early 1800s. That was and on different scales. The indigenous subsistence and by failing to include the era when modern states became peoples of the Arctic, including the indigenous peoples and local communi- a powerful force in our territories. In Sami, possess knowledge about how ties in sharing the advantages, utility the 1800s and large parts of the 1900s, to adapt to a changing climate and value and progress such new activities the Sámi posed a threat to Norway’s changing natural habitats. Accordingly, represent. strategic interests in the north because scientists need to consult us when they we were perceived as alien, primitive draw up models for how to slow the Considerable optimism and un-Norwegian. Assimilation was pace of change and reverse the trend we On 13 September 2007, the UN General therefore necessary, and the church, the are now seeing, and not least when it Assembly adopted the Declaration on school system and the development of comes to initiatives for minimising vul- Indigenous Rights. There are reasons communications were instrumental in nerability and maximising adaptability. why the declaration contains provisions that respect. However, the similarities It is indeed a paradox that climate that prohibit states from moving indig- end there. Today the Sámi are recog- change is both driven by and is a driver enous peoples against their will (Article nised as a separate people. We are enti- of a new era in the oil, gas and mineral 10) and provisions that call for indig- tled to our own language, to speak as a industry. This is especially evident in enous people’s prior informed consent,

the circle 1.2009 23 24 the circle 1.2009 especially as regards mineral activities tion, including the Sámi people’s right that affect their land and resource areas. to be free to make decisions regarding The decision is an historic milestone their own economic, social and cultural in the work to promote recognition of development and their own natural indigenous peoples’ human rights. The resources, as well as their own political declaration expressly recognises indig- position. enous peoples’ right to self-determina- There is currently considerable optimism and activity associated with the possibilities that oil, gas and miner- als may offer for the revitalisation of economic development in the High North. If such economic development The current is to offer advantages to those of us who live here, it must take place within forms of statutory parameters that also ensure fishing, development for the indigenous peoples “ on whose territories the states have farming, reindeer been built. Norwegian society-building has had the advantage of having robust husbandry, democratic institutions which have seen to it that the utility value of natural hunting and resource-based economic activities has served the many, and not merely the trapping are few. However, it can hardly be said that challenged as this policy has focused on giving the Sámi the freedom to shape and develop they stand today. their own communities and industries. It is now high time that the Sámi be included when “the powers that be” set the terms for and take decisions regarding a new and different use of resources. Times have changed. The Arctic has the resources and the people. We already have many of the prerequisites for economic development that could bring sustainable social and cultural progress in our areas. Such positive progress would nonetheless demand a great deal of us. We must pause to reflect on history and dare to look forward to a world in which all peoples are equal partners, where confidence is built and cooperation is developed. A partnership between the states and the indigenous peoples must be enshrined in tangible policy, as well as in legisla- tion and actual practice. It is only when a genuinely equitable partnership is developed that resources, people, knowledge and capital will be fully integrated and thus help revitalise indigenous communities.

PHOTO: Staffan Widstrand

the circle 1.2009 25 Outsider perspective

gain rapid economic benefits. This is why multilateral coop- The arctic melting pot eration is needed, including both the arctic countries and non-arctic The Arctic has gone from having mainly a military pur- states. The problems we face in the Arctic are not limited to the pose to being a melting pot of challenges and possibilities, coastal countries, they are com- writes BILYANA RAEVA. This is why multilateral coopera- mon to everyone and the conse- tion is needed, involving both arctic and non-arctic states. quences would affect everybody. Securing a multilateral approach for the Arctic will guarantee that there is no dominant position, and decisions will have to be In the beginning of the last cen- the environmental issues in the Arctic made through a consensus, which is the tury the Arctic gained a highly strategic and in setting this on the top of the best democratic way to proceed. The importance for the arctic nations, which political agenda related to the Arctic. existing regulatory framework of the resulted in a race for territorial con- Things changed with the Arctic, UN could be used as a base, but it is not quest. With the beginning of the Cold but still, governance there is far from sufficient and we all know that it is not War and the confrontation between the what is the case in the Antarctic region. always respected. USA and Soviet Indeed, the Nord Pole is not a research What we need is an international Union, the Arctic area as it is in the South. Disputes treaty similar to the one for the Antarc- region had mainly related to natural resources and naviga- tic, balanced between the respect for a military purpose. tional zones have become increasingly the environment and the use of natural This resulted in the important and we can easily foresee resources. The treaty should also give Bilyana Raeva creation of numer- that this trend will continue. more voice to indigenous and local peo- is Member of the ous military bases, ple related to arctic governance, in or- European Parliament patrolling ships in The growing der to avoid social discontent. Together where she is Chair- the iced waters and importance of the with my colleagues from the European woman to the Delega- nuclear trials. The Arctic requires Parliament, we have already appealed tion for relations with governance in the for such a treaty and we will continue Switzerland, Iceland region was bipolar “a need for clear and to defend this line, which we believe and Norway and the with no common respected rules of gov- is the most suitable for the Arctic. We European Economic multilateral ap- ernance. believe this is the most appropriate way Area (EEA). proach to the local to respond to the growing interest in the issues, nor did it Nowadays the Arctic faces numerous Arctic in the coastal countries, but also have a legislative challenges, such as the environmental in the non-coastal one, such as China, framework to supervise the activities of issue, military concerns, socio-eco- India, South-Korea, Brazil, the mem- the nations. nomic needs, the respect for indigenous bers of the EU and others. This will All this collapsed in the last decade cultures and many others. In order to avoid solutions based only on national of the 20th century when new opportu- face them and to avoid a new Cold War interests which disregard the general nities opened for the Arctic in a more in the region, we need a multilateral well-being of the region. respectful way regarding nature, indig- approach. A race between arctic nations The growing importance of the Arctic enous people and a sustainable use of for resources and territories will benefit requires a growing need for clear and natural resources. The military purpose no one, we only risk to spark off new respected rules for its governance. I of the area diminished and “third coun- conflicts. Territorial conflicts have sincerely hope, and will work towards tries” became interested in cooperating already begun in the region. Addition- it, that governance will not be associ- in the region. With the emerging issue ally, when new maritime routes will ated with the word clamp but with the of global warming, the Arctic became be available and extraction of natural words respect, sustainability and peace. well known for its sensitivity to climate resources will be possible in places For some a melting pot could signify change and the disastrous impact that so far covered by ice, we will need a additional problems, to me it means it has on this region and on the planet. precise, clear and respected regulatory additional possibilities for solutions. NGOs and researchers had a crucial framework in order to avoid an envi- In the arctic case, these are highly role in sensitizing the public opinion to ronmental disaster based on the will to needed.

26 the circle 1.2009 State actor proposing change

the global temperatures, especially in the Arctic, thus making it possible to Sweden in a extract more fossil fuels. According to some estimates, the region may contain as much as 25 percent of the global fos- unique position sil resources. Nations as well as private oil companies are eager to exploit these new opportunities, gearing up their to drive change extractive and military activities in the region. As climate change causes the ice, snow and permafrost of the In this respect the Arctic is no dif- ferent from other parts of the world. In Arctic to melt, a tragedy is unfolding before our eyes, writes spite of the widespread knowledge that PETER ERIKSSON. Sweden should take advantage of its cur- humanity is heading into a full-scale rent and upcoming political roles to shift management of the re- climate disaster, mainly caused by the extensive use of fossil fuel, we are gion to the international community and create a world park. increasing our efforts to find more. In fact, global investments in exploration of fossil fuels are larger than ever and increasing. The livelihoods and cultures atmosphere. Presumably this treaty will To what use? Obviously the human of indigenous peoples are threatened; be signed in Copenhagen later this year race cannot pos- eco-systems are on the brink of col- and enter into force 2013. sibly use the oil and lapse; pristine natural areas of iconic coal we have al- value to all the inhabitants of the world Too little global ready found without are in peril already because of what we action causing a disaster. as humans have done in the past. The But we can also see that the pace of Why should we Peter Eriksson has Arctic region is changing and it will climate change is unchecked and that then pour enor- been Spokesperson never become the same again. Many of actions on the global level so far are mous resources for the Green Party of the unique values in the area seem ir- characterised by “too little too late”. into finding more Sweden since 2002 reversibly lost which is a tragedy on an The Green Party of Sweden does of the same? Why and is currently the unprecedented scale. not believe that any of the proposals should we let greed Green Party’s Co-chair. Although the Arctic is changing it is submitted for the negotiations of a new ultimately destroy not too late. The Arctic still harbours treaty contain actions that will be even some of the last enormous values that can and must be remotely close to what is needed. wildernesses on Earth? Why should we rescued. If we act forcefully it may be It is an irony that the use of fossil risk international security in a fight over possible to restrain the development, fuels has created a rapid increase in a resource that we cannot use – one that to save some of what is now at would ultimately destroy not stake. It is an irony that only the Arctic but our global It is clear that the imperative environment and civilization? for the Arctic, as well as for the the use of fossil rest of the world, is to limit cli- fuels has created Proposal for new mate change as much as feasible. “ agreement Only by doing so can we also a rapid increase in the Clearly, every drop of oil, limit the damages to the region every piece of coal and every and preserve the prerequisites for global temperatures, whiff of gas that is extracted arctic life and wilderness as we from the crust of the earth, know it. especially in the Arctic, will be used, pushing us The global community is further down the path of de- currently negotiating a treaty thus making it possible struction. Therefore the Green with the ambition to restrict to extract more fossil parties of the world believe emissions of carbon dioxide and that an effective global agree- other greenhouse gases to the fuels. ment to abate climate change

the circle 1.2009 27 must encompass limits on the extraction of fossil fuels. Seeing that no such mechanism is being considered in the on-going climate negotiations, the Green parties of Eu- rope propose to place a moratorium on the exploration and extraction of fossil fuels in the Arctic region. To this end, the international community should, as soon as possible, draw up and adopt a convention or other international instrument that protects the region from the extraction of fossil fuels and minerals and other industrial activities for at least 100 years. The agreement should also designate the Arctic region as a non-militarized zone; recognize the supremacy of the indigenous peoples living in the region and their right to tra- ditional life-styles and aim to assist the peoples of the North in adaptation to climate change. Such an instrument could be constructed in the same way as the agreement that today protects the Antarctic against exploitation or through a protocol under the United Nations Convention on the Law of the Sea (UNCLOS). Indeed a global agreement to create a World Park in the Arctic would be of immense value in the effort to protect and preserve the ecological and cultural values of the Arctic, as well as alleviating the risk of international conflict. Seeing that this is no small achievement in itself, the consequences would be even more important in the endeavour to keep fossil fuels under ground and ultimately checking climate change, the main threat to the region as well as to humanity and the ecosystem.

Political opportunities Most certainly Sweden could play a key role in the crea- tion of the proposed agreement. Sweden is one of only eight member states in the Arctic Council, the body currently managing the region, and one of only two member states that do not have economic or military interests there. In the years 2011–2013 Sweden will also chair this body. Prior to this, Sweden will chair the European Union dur- ing the second half of 2009, the period when a new global climate regime is expected to be agreed and at a time when the EU is developing and adopting arctic policies. Addition- ally, Sweden currently holds the chair of the Nordic Coun- cil, one of the stakeholders in the Arctic, and will chair the Nordic Council of Ministers in 2013. This places Sweden in a unique situation at a crucial time. By using these chairs consequtively, like political stepping stones, the Swedish government has the opportunity to take initiatives in the direction of shifting management from the Arctic Council to the international community and propos- ing activities, such as an international conference on the creation of a global treaty. The Green Party of Sweden urges the Swedish government to seize this opportunity to create a World Park in the Arctic, in effect saving the Arctic and contributing vastly to global security and the protection of the global climate. PHOTO: Staffan Widstrand

28 the circle 1.2009 WWF perspective

New international rules for the Arctic Ocean: Limit a little, save a lot The international community agrees that the Arctic Ocean today stands at the threshold of profound and dangerous ecological changes, writes TATIANA SAKSINA. A new sea emerges right before our eyes, offering great eco- nomic opportunities, yet extreme vulnerability without proper protection and wise use of its marine environment. She argues that a new governance agree- ment for the Arctic Ocean should be developed as soon as possible.

the circle 1.2009 29 There is widespread agreement will not help to manage the economic state parties to cooperate in formulat- that the environmental governance activity in the Arctic Ocean in a sustain- ing and elaborating international rules regime for the Arctic Ocean is insuf- able manner and protect the marine consistent with this convention, for the ficient and that greater cooperation is environment. Even if the Arctic Council protection and preservation of the ma- needed more than ever. The EU Com- is given more decision-making pow- rine environment, taking into account munication The European Union and ers, it will take longer to turn it into a characteristic regional features. the Arctic Region acknowledged that legitimate political force than to create “the main problems relating to Arctic a new legal framework. Need for new rules governance include the fragmentation All similar enclosed or semi-enclosed of the legal framework, the lack of ef- Constitution for the ocean waters are governed by regional fective instruments, the absence of an Oceans governance agreements developed un- overall policy-setting process and gaps Third, we can adopt a collaborative der the UNCLOS umbrella. Why is the in participation, implementation and multilateral agreement. Such an agree- Arctic Ocean an exception? geographic scope”. ment would form the strongest legal WWF believes that such rules should What steps can be taken then to basis for a harmonized ecosystem- be developed for the Arctic Ocean as protect the marine environment and based management regime capable of soon as possible. As a model, we do not sustainably manage conserving the ecosystems and living suggest the Antarctic Treaty. Instead, economic ac- resources, as well as ensuring that eco- we propose combining key elements tivities in the Arctic nomic activities are managed sustain- of the Convention for the Protection of Ocean? ably for future generations. It would in- the Marine Environment of the North- The international corporate more robust and enforceable East Atlantic (OSPAR Convention), Dr Tatiana Saksina community could obligations on the part of arctic states to the Convention for Conservation of is Arctic Governance pursue sector-based protect the marine environment. the Marine Living Atlantic Resources Officer at the WWF regulation. This ap- However, most coastal states are (CCMLAR), and Regional Fisheries International Arctic proach has formed unwilling to stretch this far. The Ilulis- Management Organization (RFMO) Programme. Saksina the fundamental sat Declaration states that: “…we and International Maritime Organiza- holds a Ph.D. degree basis of most ma- recall that an extensive international tion (IMO) regulations – in a binding, in International Law rine management legal framework applies to the Arctic enforceable structure that gives primacy from Moscow State until very recently, Ocean…This framework provides a to environmental concerns. Institute of Interna- and has clearly solid foundation for responsible man- Apart from UNCLOS there are a tional Relations and failed to protect the agement by the five coastal states and number of international agreements an LL.M. degree in marine environment other users of this Ocean through na- that aim to protect the marine environ- International Maritime to date. It results tional implementation and application ment which are applicable to the Arctic Law from the IMO in conflict between of relevant provisions. We therefore Ocean but most of which contain no International Maritime sea-users, does not see no need to develop a new compre- specific reference to it. Can we make Law Institute. consider how the hensive international legal regime to the existing rules work? What if we activities cause govern the Arctic Ocean.” take the approach of enhancing the cumulative impacts By the “extensive legal framework”, implementation of existing instruments and cannot deliver an ecosystem-based the signatories to the Ilulissat Declara- and improving coordination? Unfor- approach to marine management. In tion meant the United Nations Conven- tunately this approach is unlikely to sum, the sector-based regulation ap- tion on the Law of the Sea (UNCLOS). lead to greater protection of the marine proach has resulted in declining marine UNCLOS is indeed a “Constitution environment. environmental quality and loss of for the Oceans”. It governs all aspects Indeed, these agreements are too biodiversity. of ocean space, such as delimitation, generic and contain only minimal rules Second, we can enhance the role of marine scientific research, economic of protection. For example, the Inter- the Arctic Council – an inter-govern- activities and the settlement of disputes national Convention for the Prevention mental forum established in 1996 but relating to ocean matters. of Pollution from Ships (MARPOL which has no legal, binding authority. However, UNCLOS sets out only 1973/1978) does not entirely prohibit This solution is “simple” and quick to minimum standards for the protection the discharge of ship wastes into marine implement. However, there are built-in of the marine environment and encour- environment. Similarly, the Convention limitations to a forum-based collabora- ages states to agree on detailed rules on the Prevention of Marine Pollution tive approach. Keeping the objective of for such protection on the regional by Dumping of Wastes and Other Mat- the Arctic Council as a high level forum basis. Article 197 of UNCLOS requires ter does not entirely prohibit dumping

30 the circle 1.2009 from ships. The impact of ship-source have been reluctant even pollution may be aggravated in cold, WWF believes to meet their current obli- icy, semi-enclosed ocean waters like the that the Arctic gations. Arctic Ocean. Ocean presents Unique Current framework “ opportunities gaps the first possibility WWF believes that the Moreover, the current international Arctic Ocean presents legal framework contains too many in the history the first possibility in the important gaps and loopholes. For of humanity to history of humanity to example: demonstrate how an ocean • There is no regional fisheries man- demonstrate how an can be used wisely and agement organization for the entire for the long term benefit region. Meanwhile, overfishing and ocean can be used of arctic states, the arctic illegal, unreported and unregulated peoples, and the world. It fishing continues; wisely and for the is the only ocean that has • There is no adequate control of long term benefit not been overexploited, environmental impacts of petroleum providing opportunities to extraction, despite the vast amounts of arctic states, protect existing resources of oil stored below the Arctic; without the challenge of • There are no internationally binding the arctic peoples, repairing past damage. rules to regulate operational pollu- The Arctic Ocean rep- tion from offshore installations; and the world. resents a common good, • There are no special IMO fuel con- a global public good that tent, discharge, emission or ballast we must carefully manage water exchange standards (ballast ment regime. The only way to achieve and entrust to future gen- waters have transported invasive this is to create a new overarching erations – for its pristine beauty as well species such as zebra mussels international agreement. Only a binding as for its bountiful natural resources. across the world, creating ecological agreement can provide for enforceable The Arctic Ocean is a unique ecosys- havoc); reciprocal obligations which guarantee tem for which the international com- • There are no navigation standards performance. munity and particularly the five coastal and comprehensive mandatory or How far are arctic coastal states states have a stewardship obligation. voluntary IMO routing system for ready to go to protect this extraordinary This requires cooperative planning and ships, and; beautiful and resource-rich ocean? management of marine resources with • There are no legally binding special We all know that nothing can stop the view of long-term sustainability, construction, design, equipment and economic development, nor should responsibility for environmental quality manning standards. we discourage it if it is done properly. shared by all those whose actions affect This fragmented legal framework is The economic use of our Arctic Ocean the arctic environment. Only through incapable of providing for a sustainable already brings benefits to the arctic enlightened leadership and careful development of the Arctic Ocean as it is coastal states. It is a legitimate right of stewardship by arctic countries and arc- based on a sectoral approach. This ap- the coastal states to explore and exploit tic peoples can environmental damage proach has proven itself to be a failure. the natural resources of the Arctic and degradation be prevented. How can we patch up this highly Ocean and to use its waters and re- Given the economic exploitation fragmented and complicated legal sources therein for economic purposes. pressures, it is imperative to lay down framework with profound gaps in regu- Other states also have legitimate rights strict environmental constraints before lation, and make it capable of protect- as there is a freedom of navigation and poorly conceived and implemented ing the arctic marine environment? fishing enshrined in UNCLOS. How- activities begin. We need to consolidate issue-based ever, should there not be corresponding The longer the delay in developing regulations, fill the regulation gaps, obligations? Indeed, there are – namely, international environmental rules, the incorporate modern principles of envi- to protect the marine environment. higher the likelihood that unplanned ronmental law, for example the precau- Achieving this may require the imposi- and unregulated development will dam- tionary principle, and establish a legal tion of limits on the economic activity age the very resources most necessary basis for an ecosystem-based manage- to some extent. But so far coastal states for a sustainable future in the Arctic.

the circle 1.2009 31 B-economique Retur WWF International Arctic Programme PO Box 6784 St Olavs plass, N-0130 Oslo, Norway

The Picture

Fiction and science

This is the first printed map of the Arctic, from an age where the Arctic was an impenetrable unknown wilderness. It combines the medieval conception of the Arctic with the most advanced cartography and newest territorial discoveries of the late 16th century. The four huge islands in the Arctic Ocean are fictitious but the idea of an open polar sea is basically correct. The cartographer Gerardus Mercator (1512–1594) was a leading map designer of his age and the Mercator projection is still widely used.

Gerhard Mercator: Septentrionalium terrarum descriptio 1595 Source: http://nla.gov.au/nla.map-rm150