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April 16, 2010 |  4 comments |  Print  Atlantic Memos  

Memo 23

Topic International Law Is Critical for Alleviating Arctic Tensions

Memo 23: Altantic Community’s experts agreed in the Polar Politics week that military conflict over resources in the Arctic is unlikely. The Arctic Council and the UN Convention on the Law of the Sea can ease tensions.


The vast majority of Atlantic Community’s authors and commenters agree that despite the increasing militarization in the region and regular squabbles, there is no significant risk of physical confrontation (Lawson). As the ocean becomes more open, the number of jurisdictional maritime disputes will likely rise (Corell), so tensions will still run high (Dodds). Stronger commitment to an already existing legal framework along with bilateral cooperation can help with confronting urgent challenges such as environmental protection and climate change, thus compelling transatlantic actors to take action towards comprehensive Arctic governance.

1. Strengthening the Arctic Council instead of the Arctic Five.
The Arctic Council should be favored over the exclusive management by the five coastal nations of Canada, Denmark, Norway, Russia and the US. As a soft law institution, it needs to become more “than an advisory group” (Dodds). It should act as a coordinating legal body with the help of a permanent Arctic Council Secretariat (Bennett) and would need to integrate more actors including non-Arctic nations with growing interests in the region such as China and India (Kolesnichenko) as well as the indigenous people. Inclusive cooperation is key (Bennett) in order to tackle these multi-faceted and multi-level challenges.

There is a consensus among our members that comprehensive and sustainable governance will be completed only by favoring already existing intergovernmental institutions (Yalowitz, Virginia). Instead of the “Arctic Five” local management, we should focus on: the International Maritime Organization (IMO) for shipping routes, the United Nations Convention on the Law of the Sea (UNCLOS) for territorial disputes (Yalowitz, Virginia) and the Intergovernmental Oceanographic Commission (IOC) for disputes over scientific expeditions.

2. The US needs to ratify the UN Convention on the Law of the Sea.
Conflict over resources and boundaries is unlikely because most affected areas are subject to the norms of the Law of the Sea. The existing law has proved to be very efficient in the last few years in resolving territorial claims but the regime cannot fully function until it is implemented by all coastal states (Schirmer). That includes the United States, which has still not ratified the United Nations Convention on the Law of the Sea (UNCLOS) (Lundestad). As US Secretary of State Hillary Clinton has recognized the ratification of the treaty as a priority, the Obama administration should now convince the Congress to ratify the convention as soon as possible.

3. The US and the EU must seize opportunity of bilateral cooperation with Russia.
Parallel to enhancing the role of the Arctic Council, there is a broad consensus that bilateral cooperation among the “Arctic Five” will minimize tensions. Demilitarization and a sustainable management of natural resources will be made easier by favoring pragmatic cooperation. Norwegian companies helping Russia establish needed gas resource management infrastructure, is a good example of such practical partnership (Voronkov).

As the 2007 underwater flag planting demonstrated, Russia can be a challenging partner, but a partner nonetheless (Hilde). Cooperation is both feasible and desirable (Voronkov). The EU (Srichandan) and the US should focus on developing such partnerships with Russia.

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Written by Juliette Dixon

 
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Tags: | Arctic Council | US | Russia | Arctic governance |
 
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Harry  Cover

April 16, 2010

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Interesting point of view...
 
Unregistered User

April 21, 2010

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What is really missing in these analytic points relates to issues of Canadian Artic Soverignty. The normalized recognition of Canadian soverignty and control of the Northwest passage is a benchmark basis for the stabilization of international diplomacy in the Artic region as a whole. Bilateral agreements with a) Canada-Denmark over who controls eastern access to the passage via Hans island, and b) Canada-United States agreements over registration of shipping through the passage recognizing transport through Canadian territory. These are but two issues which can be linked to Canadian-Russian issues over Russian claims concerning extending Russia's 200 mile soverignty zone along the Losimonov Ridge into Canadfian Artic waters, is also a test case and benchmark for international diplomacy and treaty precedents to be drawn upon by the Artic Council members. Canada holds the key to Artic access and must be approached as such for a successful international negociated settlement of the region.


 
Darrell Calvin Brown

May 5, 2010

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We all should forward this article to our respective U. S. Senators and House Representatives. And i agree that enforcement is a power whichneeds to be allowed the Artic Council. thank you
 
Unregistered User

June 28, 2010

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are you ready for new teams regarding gulf of mexico environment cathastrophal accident in having atlantic ocean at risk as all planet earth belonging as natural phenomena.it have been done warning signal at the bible,probably this resource well known,them choose cleaner way wood,coal,gas,recsycling biogradable technology as secrets of flame,after it hydroelectric technology and solar energy,etc...it have to be recycled all water possible to be reached with newly installments as property clean water on earth/night and day at the begining few/10 or more will be more than drop over the ocean,rivers need also forever care until it gets out of danger/probably 50 years at least ahead.sincerely rdancheva@hotmail.com
 

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