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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). Arctic Policy & Law: References to Selected Documents. Prepared by the International Council of Environmental Law (ICEL) for the Arctic Task Force of the IUCN Commission on Environmental Law (IUCN- CEL). Bonn, Germany: ICEL. Layout by: Jennifer Kelleher, ICEL Intern and Aaron Laur, CAO, ICEL Printed by: International Council of Environmental Law (ICEL) Available from: International Council of Environmental Law (ICEL) Postfach 12 03 69 53045 Bonn Germany Tel.: ++49 228-2692228 Fax: ++49 228-2692251 [email protected] Preface In 2011, Hannes Manninen, Member of the Finnish Parliament and Chair of the Standing Committee of Parliamentarians of the Arctic Region stated: “We must ask ourselves if we have the right international regulatory framework to meet the rapid changes happening in the Arctic.”1 This publication attempts to connect the governance policies in place, those policy options that are proposed, and gap analysis studies of governance with a host of relevant documents related to key topics in the Arctic. Along with Jennifer Kelleher and Aaron Laur, I have sought to compile all available material and thus provide as complete a picture as possible of national, regional and international governance systems for Arctic policy-makers. Nonetheless, I realize that the contents can certainly be expanded and am grateful for any additional information that users of this publication can provide. It is well-understood that not all Arctic States are eager to enact an internationally binding instrument for the region, but I am very happy to see the current level of cooperation. Wolfgang E. Burhenne, Editor How to use this guide By choosing the keyword in the index, the reader is directed to relevant documents in the publication. The document is divided by year and each keyword in the index is identified as having a source at a particular year and entry. The year in the keyword index is shortened to two digits, so 1920 appears as ‘20’ and 2006 appears as ‘06’ and so on. Where there is duplication, the four digits will be used. So, for example, if one wishes to see Arctic policy in place in the Russian Federation, one accesses keyword ‘Russian Federation’, sub category ‘Arctic policy’, the reader is then directed to 09/122. This simply means that in 2009, at entry 122 there is a reference to Russian Arctic policy. Each entry details the source citation and available online source, if any. 1 Manninen, Hannes 2011, ‘Arctic biodiversity – for the good of the people’, in Johnsen, Kathrine I. (ed.), Alfthan, Bjorn, Hislop, Lawrence, Skaalvik, Janet F., Protecting Arctic Biodiversity: Limitations and Strengths of Environmental Agreements Grid-Arendal. 2011 2011 1. Pew Charitable Trusts, Oil Development in the Arctic, viewed 25 February 2011, http://www.pewtrusts.org/events_detail.aspx?id=327770 Oceans North U.S. and Offshore Energy Reform director Marilyn Heiman of the Pew Environment Group participated in a panel on oil development in the Arctic at the annual Alaska Forum on the Environment in Anchorage. Heiman discussed findings and policy recommendations from Pew's Environment Group’s report, Oil Spill Prevention and Response in the U.S. Arctic Ocean: Unexamined Risks, Unacceptable Consequences. Available at: http://www.pewtrusts.org/events_detail.aspx?id=327770 2. Pax Leonard, Stephen 2011 “Greenland’s race for minerals threatens culture on the edge of existence”, The Observer, p.1, viewed 6 February 2011, http://www.guardian.co.uk/world/2011/feb/06/greenland-inughuit-mineral-mining Greenland, an Arctic country with a population of just over 50,000, may be quickly overwhelmed by large-scale mining projects planned around the coastline. It is inevitable that a foreign work force would have to be brought in to explore and mine for the iron, gold, nickel, platinum and diamonds resources. This article suggests that it is difficult to see how any such project could benefit the traditional hunters whose livelihoods are dependent on the wildlife that inhabits the Arctic environment. Available at: http://www.guardian.co.uk/world/2011/feb/06/greenland-inughuit-mineral- mining 3. National Snow and Ice Data Center, “Arctic Oscillation brings record low January extent, unusual mid-latitude weather”, viewed February 2, 2011, http://nsidc.org/arcticseaicenews/2011/020211.html Arctic sea ice extent averaged over January 2011 was 13.55 million square kilometers (5.23 million square miles). This was the lowest January ice extent recorded since satellite records began in 1979. Available at: http://nsidc.org/arcticseaicenews/2011/020211.html 4. Fuchs, Arved 2011, “North pole dawning/„Nordpoldämmerung” Arktischer Raum (Arctic Space) Aus Politik und Zeitgeschichte, 5-6/2011 pp.3-6. Arved Fuchs has been undertaking expeditions in the Arctic for over 30 years. He counts the last ten years as his most formative due to the effects of climate change: „I never thought it possible that the Arctic could change in such a major way as is currently the case.“ Available at: http://www.bpb.de/files/E7FLFE.pdf 1 2011 5. Humrich, Christoph 2011, “Resource conflicts, law and governance in the Arctic/ „Ressourcenkonflikte, Recht und Regieren in der Arktis“ in Arktischer Raum (Arctic Space) Aus Politik und Zeitgeschichte, 5-6/2011, pp. 6-13. The expected conflicts, risks, and outcomes as a result of natural resource development require regulation. Are the Arctic Council, UNCLOS and MEAs appropriate instruments or does it require a comprehensive treaty similar to the Antarctic? Available at: http://www.bpb.de/files/E7FLFE.pdf 6. Ingimundarson, Valur 2011, “Mineral resources, superpower politics and multilateral governance/ „Bodenschätze, Großmachtpolitik und multilaterale Governance“ Arktischer Raum (Arctic Space) Aus Politik und Zeitgeschichte, 5-6/2011, pp. 14-23 It will still take decades before oil and gas extraction is actually possible in many parts of the Arctic. This has not kept the Arctic States from territorial claims. A generally accepted framework for dispute resolution has yet to be established. Available at: http://www.bpb.de/files/E7FLFE.pdf 7. Notz, Dirk 2011, “The Arctic in a Changing Climate/ „Die Arktis im Klimawandel“ Arktischer Raum (Arctic Space) Aus Politik und Zeitgeschichte, 5-6/2011, pp. 23-29. The earth has warmed by approximately 0.75°C since before the Industrial Revolution. The increase in temperature is however not evenly distributed, but instead intense in the Polar Regions. This could be considered the Earth’s early warning system whose warming could have wide consequences beyond these regions. Available at: http://www.bpb.de/files/E7FLFE.pdf 8. Seidler, Christoph 2011, „Traditional Arctic inhabitants and climate change/ „Die traditionellen Arktis-Bewohner und der Klimawandel“ in Arktischer Raum (Arctic Space) Aus Politik und Zeitgeschichte, 5-6/2011, pp.30-34. Traditional Arctic inhabitants do not portray themselves as „winners“ or „losers“ of the changes in their native lands. However, the living conditions for many are changing as a result of climate change. Hunting is becoming more dangerous while the extraction of other resources is to some extent more possible. Available at: http://www.bpb.de/files/E7FLFE.pdf 9. Hannemann, Matthias 2011, “North to the Future – The Arctic and the Media/ „North to the Future– die Arktis und die Medien“ in Arktischer Raum (Arctic Space) Aus Politik und Zeitgeschichte, 5-6/2011, pp.35-38. 2 2011 The subject of the Arctic would have never become so dynamic were it not for the „Wonder of the North“ that has become so deeply anchored in our consciousness. Nonetheless, the media firmly declines to absolve itself from this dream and to come to grips with reality. Available at: http://www.bpb.de/files/E7FLFE.pdf 10. The Aspen Institute, “The Shared Future: A Report of the Aspen Institute Commission on Arctic Climate Change” viewed 28 February 2011, http://www.aspeninstitute.org/policy-work/energy-environment/our-policy-work/dialogue- commission-arctic-climate-change The Aspen Commission aims to focus on climate change adaptation challenges facing the Arctic marine environment and human communities and also the regional and global governance implications of these issues. This report presents the recommendations of the Commission for governance in the Arctic. It is recommended that domestic and international laws should be strengthened by a new conservation and sustainable development plan using an ecosystem-based management approach.
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