Poles Apart? the Antarctic Treaty System As a Model for Arctic Governance
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The Antarctic Treaty System And
The Antarctic Treaty System and Law During the first half of the 20th century a series of territorial claims were made to parts of Antarctica, including New Zealand's claim to the Ross Dependency in 1923. These claims created significant international political tension over Antarctica which was compounded by military activities in the region by several nations during the Second World War. These tensions were eased by the International Geophysical Year (IGY) of 1957-58, the first substantial multi-national programme of scientific research in Antarctica. The IGY was pivotal not only in recognising the scientific value of Antarctica, but also in promoting co- operation among nations active in the region. The outstanding success of the IGY led to a series of negotiations to find a solution to the political disputes surrounding the continent. The outcome to these negotiations was the Antarctic Treaty. The Antarctic Treaty The Antarctic Treaty was signed in Washington on 1 December 1959 by the twelve nations that had been active during the IGY (Argentina, Australia, Belgium, Chile, France, Japan, New Zealand, Norway, South Africa, United Kingdom, United States and USSR). It entered into force on 23 June 1961. The Treaty, which applies to all land and ice-shelves south of 60° South latitude, is remarkably short for an international agreement – just 14 articles long. The twelve nations that adopted the Treaty in 1959 recognised that "it is in the interests of all mankind that Antarctica shall continue forever to be used exclusively for peaceful purposes and shall not become the scene or object of international discord". -
Antarctic Treaty Handbook: Tourism
TOURISM AND OTHER NON-GOVERNMENTAL ACTIVITIES Introductory note Commercial tourism Until 1966 virtually all expeditions to the Antarctic had been organized by governments or had some measure of governmental backing. In that year there appeared in Antarctica for the first time a commercially organized, ship-borne tourist expedition. In subsequent years commercial tourism increased, using ships and aircraft. The area most frequently visited by sea was the Antarctic Peninsula. Regular airborne tourism began in 1977 and developed using long range passenger aircraft flying from Australia and New Zealand. Almost all of these flights overflew parts of Antarctica and returned home without landing. Airborne tourism diminished considerably following the tragic crash on Mount Erebus, Ross Island, on 28 November 1979 with the loss of 257 lives. Non-governmental non-tourist expeditions Such expeditions also began to appear in the Antarctic in 1966. The preparedness of such expeditions has varied; the consequent requests for assistance from governmental expeditions have sometimes caused disruption to scientific programs. A major aim of the consideration engendered by these expeditions within the Treaty fora has been to encourage such private expeditions to be adequately prepared and fully self-sufficient. Antarctic Treaty Recommendations XXI: Resolution 3 (1997) Standard Form for Advance Notification and Post-Visit Reporting on Tourism and Non-Governmental Activities in Antarctica The Representatives, Recalling Resolution 3 (1995) which agreed that there would be an advantage in standardized reporting of information on tourism and non-governmental activity in Antarctica; Noting that Attachment A to Recommendation 1 (1994) outlines the requirements for Advance Notice of tourism and non-governmental activities, and that Resolution 3 (1995) outlines requirements for post-activity reports; Recalling that Parties agreed at ATCM XX to trial a standard form for Advance Notification and Post-Visit Reporting during the 1996/97 Antarctic season. -
Joint Conference of the History EG and Humanities and Social Sciences
Joint conference of the History EG and Humanities and Social Sciences EG "Antarctic Wilderness: Perspectives from History, the Humanities and the Social Sciences" Colorado State University, Fort Collins (USA), 20 - 23 May 2015 A joint conference of the History Expert Group and the Humanities and Social Sciences Expert Group on "Antarctic Wilderness: Perspectives from History, the Humanities and the Social Sciences" was held at Colorado State University in Fort Collins (USA) on 20-23 May 2015. On Wednesday (20 May) we started with an excursion to the Rocky Mountain National Park close to Estes. A hike of two hours took us along a former golf course that had been remodelled as a natural plain, and served as a fitting site for a discussion with park staff on “comparative wilderness” given the different connotations of that term in isolated Antarctica and comparatively accessible Colorado. After our return to Fort Collins we met a group of members of APECS (Association of Polar Early Career Scientists), with whom we had a tour through the New Belgium Brewery. The evening concluded with a screening of the film “Nightfall on Gaia” by the anthropologist Juan Francisco Salazar (Australia), which provides an insight into current social interactions on King George Island and connections to the natural and political complexities of the sixth continent. The conference itself was opened by on Thursday (21 May) by Diana Wall, head of the School of Global Environmental Sustainability at the Colorado State University (CSU). Andres Zarankin (Brazil) opened the first session on narratives and counter narratives from Antarctica with his talk on sealers, marginality, and official narratives in Antarctic history. -
2019 Weddell Sea Expedition
Initial Environmental Evaluation SA Agulhas II in sea ice. Image: Johan Viljoen 1 Submitted to the Polar Regions Department, Foreign and Commonwealth Office, as part of an application for a permit / approval under the UK Antarctic Act 1994. Submitted by: Mr. Oliver Plunket Director Maritime Archaeology Consultants Switzerland AG c/o: Maritime Archaeology Consultants Switzerland AG Baarerstrasse 8, Zug, 6300, Switzerland Final version submitted: September 2018 IEE Prepared by: Dr. Neil Gilbert Director Constantia Consulting Ltd. Christchurch New Zealand 2 Table of contents Table of contents ________________________________________________________________ 3 List of Figures ___________________________________________________________________ 6 List of Tables ___________________________________________________________________ 8 Non-Technical Summary __________________________________________________________ 9 1. Introduction _________________________________________________________________ 18 2. Environmental Impact Assessment Process ________________________________________ 20 2.1 International Requirements ________________________________________________________ 20 2.2 National Requirements ____________________________________________________________ 21 2.3 Applicable ATCM Measures and Resolutions __________________________________________ 22 2.3.1 Non-governmental activities and general operations in Antarctica _______________________________ 22 2.3.2 Scientific research in Antarctica __________________________________________________________ -
The Antarctic Treaty
The Antarctic Treaty Measures adopted at the Thirty-ninth Consultative Meeting held at Santiago, Chile 23 May – 1 June 2016 Presented to Parliament by the Secretary of State for Foreign and Commonwealth Affairs by Command of Her Majesty November 2017 Cm 9542 © Crown copyright 2017 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at www.gov.uk/government/publications Any enquiries regarding this publication should be sent to us at Treaty Section, Foreign and Commonwealth Office, King Charles Street, London, SW1A 2AH ISBN 978-1-5286-0126-9 CCS1117441642 11/17 Printed on paper containing 75% recycled fibre content minimum Printed in the UK by the APS Group on behalf of the Controller of Her Majestyʼs Stationery Office MEASURES ADOPTED AT THE THIRTY-NINTH ANTARCTIC TREATY CONSULTATIVE MEETING Santiago, Chile 23 May – 1 June 2016 The Measures1 adopted at the Thirty-ninth Antarctic Treaty Consultative Meeting are reproduced below from the Final Report of the Meeting. In accordance with Article IX, paragraph 4, of the Antarctic Treaty, the Measures adopted at Consultative Meetings become effective upon approval by all Contracting Parties whose representatives were entitled to participate in the meeting at which they were adopted (i.e. all the Consultative Parties). The full text of the Final Report of the Meeting, including the Decisions and Resolutions adopted at that Meeting and colour copies of the maps found in this command paper, is available on the website of the Antarctic Treaty Secretariat at www.ats.aq/documents. -
The Arctic, the Arctic Council, and the Law of the Sea
CHAPTER 2 The Arctic, the Arctic Council, and the Law of the Sea Erik J Molenaar* 1 Introduction The international community’s interest in the Arctic increased spectacularly in the period between 2004 and 2008. Prior to that, international coopera- tion on the (marine) Arctic mainly involved Arctic States, and regional coop- eration occurred largely by means of non-legally binding instruments and informal fora, rather than through legally binding instruments and intergov- ernmental organisations. The launch of the Arctic Climate Impact Assessment (ACIA)1 in 2004 contributed to broadening recognition within the internation- al community that climate change is largely driven by anthropogenic pollu- tion. This recognition grew even more after the dramatic Arctic sea-ice loss in 2007,2 which spread a sense of alarm and urgency within the international community. Another game changer was the Russian Federation’s planting of its flag on the geographical North Pole’s deep seabed in 2007, during the gathering of data on the outer limits of its continental shelf. The Russian Federation’s flag plant- ing triggered a number of reactions and counter-reactions. The first of these was the incorrect perception by many—e.g., media, academics, environmental non-governmental organisations (NGOs) and the European Parliament—that the flag planting heralded the last land-grab on earth and a resource bonanza that was unchecked due to an international law vacuum. This incorrect per- ception was then followed by the incorrect assumption that it would be logical * Email: [email protected]. The author is very grateful for assistance and/or comments re- ceived from Bob Beckman, Tore Henriksen, Henning Dobson Fugleberg Knudsen, Amy Merten, Alex Oude Elferink, Ashley Roach, Jan Solski and Jorden Splinter on an earlier ver- sion. -
Arctic Sovereignty Annotated Bibliography
Arctic Sovereignty Annotated Bibliography The Arctic Sovereignty bibliography is organized by topic and, within each topic, the articles and books are organized chronologically. Many of the articles are available on IngentaConnect, accessible by University of Washington faculty and students. The page was initially prepared by the course instructors and maintained and updated by the 2009 Arctic Sovereignty Research Team. Climate Change 2004 - Impacts of a Warming Arctic: Arctic Climate Impact Assessment, project by the Arctic Council and the International Arctic Science Committee, Cambridge University Press, 2004. (The report that startled the world regarding the impact of climate change on the Arctic in particular. This is the "plain language guide" to the report for policymakers and the general public, 140 pgs.) http://www.acia.uaf.edu/ Natural Resources in the Arctic and the Race for Ownership / Access 2008 - Circum-Arctic Resource Appraisal, US Geological Survey, US Department of the Interior, (To improve understanding of petroleum resources in the Arctic. The USGS is the scientific agency of the US government that studies, in part, natural resources. Arctic assessment is within its Energy Resources Program. See 2008 "Fact Sheet" and slide presentation.) http://energy.usgs.gov/arctic/ 2008 - Zellen, Barry, "As Climate Change Thins Polar Ice, a New Race for Arctic Resources Begins," Strategic Insights, Center for Contemporary Conflict, February 2008. http://www.ccc.nps.navy.mil/si/2008/Feb/zellenFeb08.asp 2005 - Nordquist, Myron, John -
Arctic Policy &
Arctic Policy & Law References to Selected Documents Edited by Wolfgang E. Burhenne Prepared by Jennifer Kelleher and Aaron Laur Published by the International Council of Environmental Law – toward sustainable development – (ICEL) for the Arctic Task Force of the IUCN Commission on Environmental Law (IUCN-CEL) Arctic Policy & Law References to Selected Documents Edited by Wolfgang E. Burhenne Prepared by Jennifer Kelleher and Aaron Laur Published by The International Council of Environmental Law – toward sustainable development – (ICEL) for the Arctic Task Force of the IUCN Commission on Environmental Law The designation of geographical entities in this book, and the presentation of material, do not imply the expression of any opinion whatsoever on the part of ICEL or the Arctic Task Force of the IUCN Commission on Environmental Law concerning the legal status of any country, territory, or area, or of its authorities, or concerning the delimitation of its frontiers and boundaries. The views expressed in this publication do not necessarily reflect those of ICEL or the Arctic Task Force. The preparation of Arctic Policy & Law: References to Selected Documents was a project of ICEL with the support of the Elizabeth Haub Foundations (Germany, USA, Canada). Published by: International Council of Environmental Law (ICEL), Bonn, Germany Copyright: © 2011 International Council of Environmental Law (ICEL) Reproduction of this publication for educational or other non- commercial purposes is authorized without prior permission from the copyright holder provided the source is fully acknowledged. Reproduction for resale or other commercial purposes is prohibited without the prior written permission of the copyright holder. Citation: International Council of Environmental Law (ICEL) (2011). -
Avoiding the New Cold War: Environmental Conflict Resolution and the Need for an International Legal Regime in the High Arctic
Avoiding the New Cold War: Environmental Conflict Resolution and the Need for an International Legal Regime in the High Arctic By Sam Mulopulos Grinnell Peace Studies Conference 2012 It is an indisputable axiom of science that the planet is warming.1 And while experts can debate the radix of such increase in earthly temperatures, this paper believes the origins of the coming planetary catastrophe irrelevant. Rather it is the results of such climatic change, particularly in the Arctic, that this paper finds to be of unique interest. While global warming will engender a variety of environmental misfortunes, nowhere in the world will the effects of a modified climate be as acute and amplified as in the Arctic. Already the region is experiencing the effects of global warming.2 Thus the High Arctic is the frontline in the fight for the planet, and how nations respond to the concomitant results of climate change there will dictate the global response to future situations. Currently two unique predicaments face the five Arctic coastal states.3 Both problems are consequences of melting sea ice resulting from the escalation of global temperatures. The deliquescence of sea ice has precipitated greater resource exploration of the Arctic Ocean basin and the subsequent discovery of a potential 400 billion barrels of oil beneath the sea floor.4 The unearthing of vast reserves of subsea hydrocarbons has transformed the perception of the Arctic from an inhospitable wasteland to a cornucopia of mineral wealth. Already Russia, Canada, and Denmark have begun to maneuver to secure a piece of the potential windfall. -
SWP Comments 2008/C 18, July 2008, 4 Pages
Introduction Stiftung Wissenschaft und Politik German Institute for International and Security Affairs Fixed Rules of Play for Dividing Up the Arctic Ocean SWP Comments The Ilulissat Declaration of the Arctic Coastal States Ingo Winkelmann At the end of May 2008 the five countries bordering on the Arctic—Denmark, Canada, Norway, the Russian Federation and the United States of America (known as the “A5”)— adopted a carefully-worded declaration. Known as the Ilulissat Declaration after the place in Greenland where the conference was held, it outlines the kind of co-operation the A5 is considering. From the text one can also glean what principles will be applied regarding legal arrangements, research, managing natural resources and the ecosystem of the Arctic Ocean. In the declaration the A5 emphasise their supremacy in this area. They speak in favour of applying the international law of the sea to the Arctic but against the conclusion of a specific Arctic agreement. This sends an important signal to other potential Arctic players and to the international community, and is therefore also of interest to Germany, which for environmental, research and economic reasons cannot be indifferent to the Arctic region. The A5 attended the Arctic Ocean Conference at establish common principles for how to the invitation of the Danish Minister for treat the Arctic’s resources in the future Foreign Affairs and the Premier of Green- and to signal to the rest of the community land from 27 to 29 May 2008 in Ilulissat of states how the states directly bordering (Greenland). The United States was repre- on the Arctic Ocean perceive forthcoming sented by its deputy secretary of state and developments. -
English Pageslowres
CANADIAN POLAR COMMISSION IN THIS ISSUE THE LAW OF THE SEA AND MARINE SCIENTIFIC RESEARCH The Law of the Sea and Marine Scientific IN THE ARCTIC OCEAN Research in the Arctic Ocean 1 Ron Macnab, Olav Loken and Arvind Anand FALL/WINTER 2007 Contemporary events and circumstances, ration with other states, and by driving the Global Warming: Arctic Shipping 6 such as melting ice, the International Polar need to define maritime boundaries, these Year, and the UN Convention on the Law of developments touch upon Canada’s interests PEARL – A Canadian Success Story 11 the Sea are providing an unprecedented at the national and international levels. boost to Marine Scientific Research in the Melting ice is facilitating access to ex- The Centre d’études nordiques and central Arctic Ocean. This felicitous situa- panded oceanic regions that historically have the Qaujisarvik Network 15 tion could be short-lived, however, as Arctic remained inaccessible to scientific research coastal states apply the provisions of the on account of their widespread and persis- Social Housing North 17 Law of the Sea to extend their sovereign tent ice cover. The IPY, meanwhile, is mobi- rights beyond 200 nautical miles, enhanc- lizing legions of investigators for an inten- Oral History in Nunavut: ing their entitlement to regulate a range of sive two-year campaign of data gathering An Overview of its Past and scientific activities. This is in marked con- and analysis across a broad range of disci- Present Vitality 20 trast to the Antarctic regime, where freedom plines. Finally, UNCLOS has prompted all five of research is protected under the terms of coastal states that front upon the Arctic Book Review: the Antarctic Treaty. -
Asian Countries and Arctic Shipping
Arctic Review on Law and Politics Peer-reviewed article Vol. 10, 2019, pp. 24–52 Asian Countries and Arctic Shipping: Policies, Interests and Footprints on Governance Arild Moe* Fridtjof Nansen Institute Olav Schram Stokke University of Oslo, Department of Political Science, and Fridtjof Nansen Institute Abstract Most studies of Asian state involvement in Arctic affairs assume that shorter sea-lanes to Europe are a major driver of interest, so this article begins by examining the prominence of shipping con- cerns in Arctic policy statements made by major Asian states. Using a bottom-up approach, we consider the advantages of Arctic sea routes over the Suez and Panama alternatives in light of the political, bureaucratic and economic conditions surrounding shipping and shipbuilding in China, Japan and the Republic of Korea. Especially Japanese and Korean policy documents indicate soberness rather than optimism concerning Arctic sea routes, noting the remaining limitations and the need for in-depth feasibility studies. That policymakers show greater caution than analysts, links in with our second finding: in Japan and Korea, maritime-sector bureaucracies responsible for industries with Arctic experience have been closely involved in policy development, more so than in China. Thirdly, we find a clear tendency towards rising industry-level caution and restraint in all three countries, reflecting financial difficulties in several major companies as well as growing sensitivity to the economic and political risks associated with the Arctic routes. Finally, our exam- ination of bilateral and multilateral Chinese, Japanese and Korean diplomatic activity concerning Arctic shipping exhibits a lower profile than indicated by earlier studies.