Arctic Human Development Report II

Preparation of AHDR-II has commenced to identify major trends that have taken place in the region since AHDR-I was published in 2004 as a “priority project” to provide a “comprehensive knowledge base” for the work of the Arctic Council’s Sustainable Development Programme. The significance of AHDR-I cannot be understated as it was the first to systematically provide social science baseline data on human development in the Arctic, which was till then primarily the attention of the physical/natural sciences. AHDR-II will formally commence at the beginning of 2012 and promises to be even more important from the legal point of view, with Nigel Bankes and Timo Koivurova preparing the associated chapter, when completed by the end of 2013.

CAFF Executive Secretary on Biodiversity

Tom Barry, Executive Secretary of the Arctic Council Working Group Conservation of Arctic Flora and Fauna (CAFF) has published a guest article in a recent edition of Biodiversity Policy and Practice news service discussing cooperation with CBD to support Arctic biodiversity.

CBD Recommendation on Biodiversity

The 15th meeting of the Convention on Biological Diversity's (CBD) Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA) adopted a recommendation on Arctic biodiversity to be forwarded to COP-11 taking place from 8-19 October 2012, in Hyderbad (India).

In the recommendation XV/7, SBSTTA:

- requests the Secretariat to include references to the work on ecologically and biologically significant areas (EBSAs) of the Oslo and Paris Conventions for the Protection of the Marine Environment of the North-East Atlantic (OSPAR) Convention and the North East Atlantic Fisheries Commission (NEAFC) in documentation on marine biodiversity for SBSTTA-16; and

recommends the COP:

- note the key findings of the Working Group on the Conservation of Arctic Flora and Fauna of the Arctic Council (CAFF) report, including on climate change as a far-reaching stressor on biodiversity, the global significance of Arctic flora and fauna, and the provision of essential ecosystem services for Indigenous and Local Communities (ILCs);

- invite contributions from parties, international organizations and multilateral environmental agreements to the CAFF Circumpolar Biodiversity Monitoring Programme (CBMP);

- request the Secretariat to make parties aware of biodiversity-related information and reports generated by the Arctic Council, including from the CBMP and the Arctic Biodiversity Assessment;

- welcome the work on EBSAs of the Arctic Council working groups and encourage them to continue cooperating with adjacent regional conventions and commissions, including OSPAR and NEAFC;

- encourage the further development of Arctic ecosystem resilience assessments and reports; and

- urge parties to promote the implementation of the Strategic Plan and relevant work programmes in relation to the Arctic environment.

Recommendation

2nd Arctic Futures Symposium

This Symposium took place from October 12-14 in Brussels (Belgium) where events included:
- Several high-profile speakers sharing their views on a developing Arctic, including International Polar Foundation (IPF) President, Alain Hubert; Danish Senior Arctic Official, Nauja Bianco;  European Commissioner for Maritime Affairs and Fisheries, Maria Damanaki;  Executive Director of the European Environment Agency (EEA), Prof. Jacqueline McGlade, and HSH Prince Albert II of Monaco who addressed the symposium on the importance of polar research and developing marine protected areas as well as the need to look for sustainable solutions in developing the Arctic on a case-by-case basis.
- Representatives of the various Arctic Council nations delivering speeches, including Ambassador Gustav Lind of Sweden and Ólafur Ragnar Grímsson, President of Iceland, who discussed the various challenges and opportunities presented to Iceland in the context of widespread climate change in the Arctic.
- Executive secretaries of a number of Arctic Council working groups and a representative from the shipping industry  discussing the latest developments in maritime transport, monitoring and managing Arctic biodiversity, and Arctic pollution in a roundtable discussion
- Discussions on scientific research and natural resource exploitation in the Arctic, including a presentation on the new Arctic Climate Change Economy and Soceity (ACCESS) project, the melting Greenland Ice Sheet, predicting how the Arctic will respond to warming, changes in sea ice and permafrost, the various satellite and buoy observation networks used to look at the Arctic, and balancing natural resource exploitation with ecosystem management and other stakeholder interests in the Arctic.
- Testimony of representatives from various Arctic indigenous peoples, who advocated better communication and reinforced collaboration between politicians and industry representatives with the indigenous peoples of the the Arctic.
- A closing speech by SE Michel Rocard, French Ambassador to the Arctic and former French Prime Minister on the need for international cooperation in the Arctic.

Mulling-over the Spitsbergen Treaty

A new research publication was recently released titled: 'The Spitsbergen Treaty: Multilateral Governance in the Arctic'. According to the introduction by Diana Wallis MEP, Vice-President of the European Parliament, the research presented "is not intended as a criticism of the Norwegian position but rather a search for more modern international structures and solutions based on what we might learn from an old but nonetheless innovative Treaty." However, during a presentation of the publication on 18 October, it was mentioned that the Svalbard Treaty needed extensive updating in order to fit the current political environment where more actors are becoming active in the region. On the other hand, Mr. Niels Engelschiøn, Norwegian Ambassador to Belgium, highlighted that, from a Norwegian perspective, there is no need to revise or update the existing treaty.

Why Should US Join UNCLOS?

An editorial focussing on US interests in the Arctic and the need to join UNCLOS to secure the benefits of being an Arctic nation appeared in Bloomberg Business Week on October 5.

2nd International Arctic Forum

The Russian Geographical Society convened this conference under the title: "Arctic: Territory of Dialogue" from 22-23 September in Arkhangelsk on the White Sea where discussions focussed on the development of the Northern Sea Route and resource exploitation of the Arctic continental shelf.

Conference Website including Agenda

Indian Proposal for Arctic Common Heritage

A recent article published by Col. P. K. Gautam (ret), a research fellow at India's Institute for Defense Studies and Analysis, raises the proposal of applying the principle of "common heritage" to the Arctic. The author's conclusion reads:

"The Arctic deserves to be treated as a global common and a common heritage of mankind. The current discourse on the Arctic is dominated by the Arctic Five countries and the Arctic Council. This is clearly insufficient. Theses countries are moreover militarizing the Arctic in pursuit of their narrow national interests. Their focus is limited to issues such as claiming Exclusive Economic Zones so that resources can be exploited, rights and resources for sea passage and the like. Protecting the ecology is low in their priority. Their business as usual attitude towards global warming combined with the prospects of the pollution of the Arctic due to increased shipping is likely to further degrade the ecology of the region. Instead of leaving the issue of the Arctic's future to the developed countries, developing countries like India must begin to play an active role, as they are doing in negotiations over space and climate change. It is time that a policy on this issue is debated and evolved in India. The first step in this regard will be for India to become an ad hoc observer to the Arctic Council. At the same time, India's 'strategic community' needs to take the lead in articulating the debating the idea of including the Arctic in the discourse on global commons."

source: <www.idsa.in/system/files/IB_ArcticasaGlobalCommon.pdf>

Exxon and Russia

Exxon Mobil and Rosneft have concluded an agreement (projected to reach perhaps 200-300 billion dollars in direct investement and an additonal half trillion dollars in infrastructure and regional development) to explore the seafloor of the Kara Sea and potentially to develop oil and gas deposits found there. This is one of the first significant results of the Russian policy announced earlier this year to encourage foreign participation in the development of the resources of Russia's arctic shelf. Offshore technology is one of the important aspects of this agreement. Rosneft and Exxon-Mobil will help establish an Arctic Research and Design Center for Offshore Development in St. Petersburg that will be staffed by representatives of both companies. Russia will benefit financially from the cooperative development in the Kara Sea and it may gain even more by integrating offshore technology with its own experience in polar operations.

source: Barents Observer: <http://www.barentsobserver.com/rosneft-picks-exxonmobil-in-arctic-deal.4954155-116320.html>

USA: Reaction to Beaufort Sea Exploration

Frances Beinecke, president of the Natural Resources Defense Council and a member of the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling reacted to the recent approval by the Interior Department's Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE) in an Op-Ed in The New York Times on August 17 saying, “The administration should put on the brakes. This is a reckless gamble we cannot afford. We can’t prevent an Arctic blowout any more than we can avert disaster in the Gulf of Mexico or the North Sea. We don’t have the infrastructure, the knowledge or the experience to cope with one if it occurs.”

USA: Conditional Approval for Beufort Sea Exploration

On August 4, the Interior Department's Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE) issued conditional approval for a revised Exploration Plan submitted by Shell Offshore Inc. to drill up to four shallow water exploration wells in Alaska’s Beaufort Sea beginning in July 2012. Conditional approval follows the bureau’s completion of a site-specific Environmental Assessment to examine the potential environmental impacts of the plan and the “Finding of No Significant Impact” dated August 3. Among the conditions of final approval is the requirement that Shell obtain all necessary permits from other agencies, including the Environmental Protection Agency, the US Fish & Wildlife Service, the National Marine Fisheries Service and the Bureau of Ocean Energy Management, Regulation and Enforcement.

Timeline and full documentation of the BOEMRE process

USA: Subcommittee Hearing on Economic Interests

The US Senate Oceans, Atmosphere, Fisheries, and Coast Guard Subcommittee held a hearing on 26 July under the title: "defending U.S. economic interests in the changing arctic." The hearing was intended to examine how the United States can better position itself to take advantage of emerging economic opportunities in the Arctic region and assess whether federal agencies are proactively positioning themselves to promote US Arctic interests, and whether they have adequate capacity to meet their goals in the Arctic.  

Witnesses included:
Panel 1

• Admiral Robert J. Papp Jr., Commandant, United States Coast Guard

• Rear Admiral David W. Titley, Oceanographer and Navigator of the Navy, United States Navy

• Ambassador David A. Balton, Deputy Assistant Secretary for Oceans and Fisheries, Bureau of Oceans and International Environmental and Scientific Affairs, U.S. Department of State

Panel 2

• Mr. Peter Slaiby, Vice President, Alaska Venture, Shell Oil Company

• Dr. Scott Borgerson, Senior Fellow, Institute for Global Marine Studies

• Dr. Andrew Metzger, Assistant Professor, University of Alaska-Fairbanks

Archived webcast and written testimony

View on US Arctic Development

Thanks again to the Ocean Law Daily, we have been informed of a recent op-ed titled: "Time to Take Alaska Out of the Icebox: The Arctic has immense energy and mineral resources. Why are we letting Russia beat us to them?" in the Wall Street Journal. Therein, Scott Borgerson, former Ocean Governance Fellow at the Council on Foreign Relations, and Scott Minerd, CEO and Chief Investment Officer at Guggenheim Partners provide their views and recommendations for a strengthened US policy for the Arctic.

Russian Federation: Recent Comments by Minister of Foreign Affairs

Thanks to the Ocean Law Daily, we were informed of an interview conducted by The Voice of Russia, an AM radio station in the United States, with Sergei Lavrov, Minister of Foreign Affairs of the Russian Federation. Here follows the excerpted transcript:

(Interviewer) You know, it`s been mentioned that Moscow will submit a claim next year to the UN to expand its Arctic shelf borders. Other nations including the US have also increased their activities in the region, and it is described by some analysts as a new re-division of the Arctic. How do you see the role of Russia in this process and does it need to increase its military presence there as the US and Canada do?   May the future of the Arctic be resolved peacefully?

(Lavrov) Well, first of there is no such thing as redesigning of the Arctic landscape and redesigning the legal regime of the Arctic. The five coastal states, the Arctic Five so to say, back in 2008 agreed during their meeting that there is no single problem in the region that cannot be resolved on the basis of existing law, this law being the international Convention of 1982.

Then this position was endorsed by the entire Arctic Council which is composed by eight Arctic states and you now the fact that this is really the case was demonstrated by the signature and entry into force of the Russian-Norwegian agreement on de-limitation in the Barents Sea area.

There is no single issue in the area that would require any military presence of the non-regional actors, be it countries or organizations. The Arctic Five, Russia, the US, Canada, Norway and Denmark are perfectly capable of maintaining the necessary level of security, the freedom of shipping and safety of the shipping and we are open to other countries who want to cooperate but on the basis of the rules of the game established by the Arctic countries.

We met last May in Greenland, in the city of Nuuk, as the Arctic Council ministerial meeting and we adopted the first pan-Arctic legally binding agreement on search and rescue and instructed our experts to draft a Treaty on how you fight oil spills. We also endorsed the rules for observers who want to participate in the work of the Arctic Council which provide for them to be parties to projects like exploration of oil and gas, transportation of oil, gas and other commodities through the Northern Sea route, participation in scientific research and many other activities.

But I would like to emphasize once again that there’s no problem requiring any military involvement in the Arctic. Everything must be and should be on the basis of the international convention of the law of the sea and it’s a common position of the members of the Arctic Council, including Russia and the US.

Full Transcript

Chukchi and Beaufort Seas Report

The US Geological Survey has released a report titled: An Evaluation of the Science Needs to Inform Decisions on Outer Continental Shelf Energy Development in the Chukchi and Beaufort Seas, Alaska. Three chapters provide foundational information on geology; ecology and subsistence; and climate settings important to understanding the conditions pertinent to development in the Arctic OCS. They are followed by three chapters that examine the scientific understanding, science gaps, and science sufficiency questions regarding oil-spill risk, response, and impact, marine mammals and anthropogenic noise, and cumulative impacts.

Canada: Sustainable Development in the High-North

On May 26, the Canadian National Committee for IUCN (CCIUCN) convened a panel of experts in the field, as well as individuals from government agencies, non-government organizations, and the interested public to discuss challenges facing the region. Presenations included a keynote address by Duane Smith, President of the Inuit Circumpolar Council–Canada, entitled “Arctic Resources – An Inuit Perspective”.
Press Release
Detailed Report

1st Annual "Arctic Imperative Summit"

The inaugural "Arctic Imperative Summit: Cooperation, Investment, Development" took place from June 19-21 and was referred to as the "first-ever investor and policy summit focusing on the American Arctic."  

Through high-level meetings, presentations, investor roundtables and original research, the aim was to "expose business leaders to the long-term opportunities for responsible Arctic development" and to illuminate issues in key areas such as:
- Security;
- Resources;
- Port Development;
- Marine Shipping; and
- Commerce & Trade.

An article appearing shortly thereafter in the Alaska Dispatch reported on the discussion among participants regarding UNCLOS.

European Space Agency Produces New Thickness Map

The first map of sea-ice thickness from ESA’s CryoSat mission was revealed on 21 June. From an altitude of just over 700 km and reaching unprecedented latitudes of 88º, CryoSat spent the last seven months delivering precise measurements to study changes in the thickness of Earth’s ice by measuring the height of the sea ice above the water line to calculate.

USA: National Ocean Council

As a first step in addressing the objectives of the National Policy for the Stewardship of the Ocean, our Coasts, and the Great Lakes; the US National Ocean Council (NOC) recently released nine strategic action plan outlines for public review including outline #8 titled: "Changing Conditions in the Arctic"

Greenland: Drilling Disruption Goes to Dutch Court

As reported in media outlets, British oil company Cairn Energy had filed legal papers with a Dutch court to fine Greenpeace €2m a day if the campaign group continued to disrupt its oil drilling operations in the Arctic. This came after Danish marines boarded Cairn's Leiv Eiriksson drilling platform early on June 2 and evicted two Greenpeace climbers who had spent four days in a survival pod attached to the drilling platform.

Cairn said in the court documents: "The defendants are preventing the exploitation of the platform. All delay of the platforms during its journey to the respective drilling locations and each hindrance during the drilling activities will lead to delay of the operations. Plaintiffs estimate the damage resulting from delay to those drilling activities at least $4m (£2.5m) per day. The urgent character of the plaintiffs demand thus speaks for itself."

The legal summons, heard on June 6 in Amsterdam where Greenpeace's ship is registered, asked the judge to "… order defendants to cease all unlawful activities within one hour of handing down the judgment in this matter against the platforms and to order their employees, their aids or their sympathisers to cease all unlawful activities against the platforms, to allow the safe and unhindered exploitation of the platforms, at a penalty of €2m for each day or part thereof during which defendants are not complying with this order."

On June 9, a Dutch court granted Cairn an injunction against Greenpeace resulting in that for every day Greenpeace disrupts Cairn’s drilling operations it will incur a penalty of €50,000   up to a maximum of €1m.

USA: Article discussing Arctic Council Ministerial and UNCLOS

The Anchorage Daily News published an article on May 21 titled "Summit shows US is Trying to Catch Up on Arctic issues" that provided some follow-up on the Arctic Council Ministerial meeting held in Nuuk (Greenland) and included a number of statements from John Bellinger and Lisa Murkowski.

John Bellinger on UNCLOS and Arctic

Thanks to LOS News we are happy to transmit the following article by former State Department Legal Adviser John Bellinger that appeared on the Foreign Policy magazine website:
Arctic treasure


Posted By John B. Bellinger III Thursday, May 19, 2011 - 11:24 AM


The following is a guest post by John B. Bellinger III, a partner at Arnold & Porter LLP and an adjunct senior fellow in international and national security law at the Council on Foreign Relations. John served as legal advisor for the Department of State from 2005 to 2009 and legal advisor to the National Security Council from 2001 to 2005. --Peter Feaver


Last Saturday, with U.S. gas prices at record highs, President Obama announced the administration's plans to boost domestic oil and gas production by expanding drilling and exploration in U.S. coastal waters, including in the Gulf of Mexico and off of Alaska. But the president missed an important opportunity to endorse an international agreement that would codify U.S. sovereign rights to vast additional oil and gas deposits under the Arctic Ocean off of Alaska: the Law of the Sea Convention. The omission was especially puzzling after Secretary of State Hillary Clinton, while participating in a summit of the eight Arctic Council countries held two days previously in Nuuk, Greenland, declared U.S. ratification of the treaty "way overdue." The president should capitalize on calls by congressional Republicans and the oil and gas industry to increase domestic oil and gas production by urging the Senate to ratify the convention this year.
The Law of the Sea Convention was negotiated in 1982 to provide a comprehensive legal framework to govern international activities in, over, and under the world's oceans. Today, 160countries are parties. The treaty guarantees all countries the right to freedom of navigation through and over the territorial seas of coastal states. With the largest fleet in the world, the U.S. Navy -- together with our Air Force, Army, Marines, and Coast Guard -- have long urged the Senate to approve the convention in order to codify their critical navigational rights, which are often challenged by other countries.
The treaty also gives coastal states sovereign rights to the fish and living marine resources in the ocean and oil, gas, and minerals under the seas within 200 miles of their coasts. And it gives coastal states additional rights to the oil, gas, and minerals on their continental shelves, but only if they prove to an international commission established by the convention that these geologic shelves extend more than 200 miles from their coasts.
The "extended continental shelf" of the United States extends more than 600 miles into the Arctic Ocean off the coast of Alaska, covering an area twice the size of California. The U.S. Geological Survey estimates that this area contains nearly a hundred billion barrels of oil and trillions of cubic feet of natural gas, as well as extensive deposits of valuable minerals.
The four other countries bordering the Arctic Ocean -- Russia, Canada, Norway, and Denmark -- have already enriched themselves and their people by tapping into their coastal oil and gas deposits and are staking claims to vast additional resources on their extended continental shelves in the Arctic. Norway's oil fund -- derived from revenues from oil and gas production in the North Sea -- is already worth $500 billion.
While these countries laugh all the way to the oil and gas bank, the U.S. sits on the sidelines unable to claim the resources on its extended continental shelf in the Arctic because it is not a party to the Law of the Sea treaty. U.S. oil and gas companies simply will not invest in these areas unless the U.S. has clear legal title. Unfortunately, a handful of Republican senators have blocked U.S. ratification of the treaty based on myths and misperceptions about the treaty. Even where their concerns may have some merit, they are heavily outweighed by the substantial national security and economic benefits to the American people of joining the treaty and the high costs of not joining.
Although the Law of the Sea treaty is complex, many Republicans who have considered the treaty carefully have endorsed it. The Bush administration -- which was rarely accused of overabundant enthusiasm about international law and institutions -- concluded after a lengthy internal review that the treaty is vital to U.S. economic and national security and urged the Senate to approve it. Even Sarah Palin, when she was governor of Alaska, strongly supported Senate approval, arguing that although "ratification of the convention has been thwarted by a small group of senators who are concerned about the perceived loss of U.S. sovereignty … I believe quite the contrary is true."


President Obama's apparent reluctance to push for Senate approval of the convention is understandable in light of competing legislative priorities and the uphill battle his administration experienced securing Senate approval of the New START treaty last December. But the president should seize the opportunity presented by Republican support for increased domestic oil and gas production to urge the Senate to approve the treaty.


Republican senators, industry groups, and corporations who quietly support the convention also need to play a more active role in championing it. They should rebut the myths and vigorously explain the substantial benefits of the treaty to undecided or skeptical senators, rather than leaving the work solely to the executive branch. And they should let the White House know they are prepared to support it.
Of all the treaties currently pending before the Senate, the Law of the Sea Convention offers the most extensive economic and national security advantages to the American people. There is still time on the Senate calendar this year to consider and approve it. President Obama should make it his administration's top treaty priority, and Senate Republicans should support its passage.

Denmark: Leaked Arctic Strategy 2011-2020

According to a news story filed yesterday by the Danish newspaper Dagbladet Information, a 34-page draft document titled "Strategy for the Arctic" was leaked to media outlets stating inter alia that Denmark wants: "to lay claim to the continental shelf in five areas around the Faeroe Islands and Greenland, including the North Pole itself." The Danish government confirmed authenticity of the document and it is reported that the Science Ministry has started collecting data to formally submit a claim to the UN Commission on the Limits of the Continental Shelf no later than 2014.

Danish language draft

US: Secretary of State attends AC Ministerial

Secretary of State Hillary Rodham Clinton became the first US Secretary of State to attend the Council's biennial meeting of ministers, held this year in Nuuk (Greenland). She was accompanied by the Secretary of the Interior, Ken Salazar, and Senator Lisa Murkowski, Republican of Alaska. During an interview she addressed the need for the US to join UNCLOS saying: “We are going to raise the visibility of Arctic issues back in the United States so that we can begin to take the steps that are necessary for us,” She reiterated the administration’s call to ratify and said that it was “way overdue.”


Source: New York Times

US: LOS and Defense

Speaking at the 2011 Joint Warfighters Conference, Chief of Naval Operations Adm. Gray Roughead addressed the Law of the Sea Convention in the context of the Arctic and had another message for Congress.

Asked about the effects of climate change, Roughead cited the warming of Arctic waters and the increasing access to the region.

Before too long, he said, "you're likely to have a reliable and routine sea route across the top of the world." Increased access will bring more disputes, he predicted.

"The vehicle for the adjudication of those disputes will be the Law of the Sea," the CNO said, referring to an international treaty that has not been ratified by the Senate.

"We are not a party to that," Roughead lamented. "Decisions will be made that we will have no influence on. Myself and every one of my living predecessors have strongly endorsed becoming a party to that treaty. I think the time to do it is now.

"Nations are looking to us for leadership, and we are not there. We should agree to that treaty without delay," Roughead urged.

Source: Defense News

Publication: Confronting Governance

Michael Byers, a leading Arctic expert and international lawyer explains the sometimes contradictory rules governing the division and protection of the Arctic and the disputes that remain unresolved in “Who Owns the Arctic”. What emerges is a vision for the Arctic in which co-operation, not conflict, prevails, and where the sovereignty of individual nations is exercised for the benefit of all. 

Russia: Shipping and Maritime Power

Caitlyn Antrim, Executive Director of the Rule of Law Committee for the Oceans, presents a vision of Russia in the 21st century where Russia’s energy and mineral resources combine with an increasingly-accessible Arctic to propel Russia into the status of a major maritime state. 

7th Arctic Council Ministerial Meeting takes place in Greenland

In Nuuk, Greenland on 12 May 2011, Foreign Ministers representing the eight Arctic States, Permanent Participants representing the Indigenous Peoples of the Arctic, and Arctic Council Observers and Non-Government Organizations, met to discuss future challenges in the Arctic.

Significantly, the meeting culminated with the signing of the Nuuk Declaration and the 'Agreement on cooperation on aeronautical and maritime search and rescue in the Arctic', the first legally binding agreement to be signed under the auspices of the Arctic Council.

The Arctic Council will also get a secretariat, headquartered in the Norwegian city of Tromso.

The meeting saw Denmark pass the Chairmanship of the Arctic Council to Sweden for 2011-2013. Danish foreign minister Lene Espersen spoke of her pride that Denmark could be part of delivering the first legally binding instrument from the Arctic Council and discussed her hopes that Sweden would aim to do the same in the area of oil pollution prevention. See the webcast here.

A full list of documents from the Ministerial Meeting are available here.

Sweden adopts Arctic Strategy

Coinciding with the appointment of Sweden to the Chairmanship of the Arctic Council, Sweden has adopted a national strategy for the Arctic region.

The strategy, the first that the Government of Sweden has adopted on the Arctic, should, according the Ministry of Foreign Affairs "be seen as a starting point for further development of cooperation in the region." The strategy deals with three thematic areas, namely climate and the environment, economic development, and the human dimension.

Sweden intends to harness the chairmanship of the Arctic Council to develop common policies and practical projects for the benefit of the region. Also, the strategy identifies the active contribution to the ongoing development of an EU policy on Arctic issues.

A summary of the strategy is available here.

US: Oil and Gas Drilling Auctions May 14, 2011

The New York Times reported President Obama’s announcement that the administration would begin to hold annual auctions for oil and gas leases in the Alaska National Petroleum Reserve. The article also pointed to the President’s remarks that he would extend leases already granted for drilling in the Arctic Ocean off of Alaska and provide incentives for  companies to more quickly exploit leases they already hold.  

Report: “America’s Climate Choices”

Authors of the report “America’s Climate Choices”, ordered by Congress several years ago to offer “action-oriented advice” on how America should cope with potential impacts from climate change, have expressed serious concern from the lack of political action that has been undertaken to limit greenhouse gas emissions. Conducted by the National Research Council, a branch of the National Academy of Sciences, the report does not endorse any particular legislative approach, but confirms the reality of global warming.

See New York Times article for further reading.

Arctic Council: Nuuk Ministerial Meeting

The Nuuk Declaration and an agreement to cooperate in Search and Rescue efforts in the Arctic were signed on 12 May in Nuuk (Greenland) during the 7^th Ministerial Meeting of the Arctic Council. The Search and Rescue (SAR) agreement will strengthen cooperation between the Arctic states and improve the way Arctic countries respond to emergency calls in the region. The SAR agreement is ground-breaking for the Arctic Council as it is the first legally-binding agreement negotiated under the auspices of the Council, since its creation in 1996, and includes a commitment to create international protocols to prevent and clean up offshore oil spills as the Arctic becomes increasingly accessible to exploration due to climate change’s effects on ice cover.

 Press Release http://arctic-council.org/article/2011/5/arctic_council_ministers_sign_agreement.

AMAP: Publication on Climate Change and Pollution

A conference was organized by the Arctic Monitoring and Assessment Programme (AMAP) and the universities of Aarhus and Copenhagen from May 3-6, 2011. Based on the presentations and conclusions from the conference, the co‐chairs formulated summary statements on the current scientific understanding relating to climate change and pollution in the Arctic.

US: Drilling in Alaska

The New York Times reported that Shell Oil presented a proposal to the federal government seeking permission to drill up to 10 exploratory oil wells beneath Alaska’s arctic waters, which are believed to contain enough oil to power 25 million cars for 35 years. Shell has been working intensely to convince Native Alaskans, environmentalists, regulators, and courts of their ensured safety processes that will have minimal impact on Arctic wildlife.

Grizzly-polar hybrid

Wildlife DNA analysis shows that a bear shot near Ulukhaktok, N.W.T. (Canada) was a second-generation hybrid resulting from a female grizzly-polar hybrid mating with a male grizzly bear.

The first known instance of hybrid breeding occurred in 1931 in between a male polar bear and female Kodiak bear in captivity. 

Arctic Ocean: Identification of Significant Habitats

A report by IUCN and the NRDC identifies 13 of the richest and most vulnerable places in the Arctic Ocean that should be considered for protection as summer sea ice melts and industrial activity expands into newly accessible areas. Such places include the Bering Strait, Chukchi Beaufort Coast, Barents Sea Coast and Great Siberian Polynya.

The report is the result of a workshop held in November 2010 where 34 scientists and indigenous peoples’ representatives used internationally accepted criteria developed under the auspices of the Convention on Biological Diversity (CBD).

Publication: Workshop Report: IUCN/NRDC Workshop to Identify Areas of Ecological and Biological Significance or Vulnerability in the Arctic Marine Environment

Ice Imaging

“The Ocean Law Daily” has pointed out new imaging provided by the International Arctic Research Center-Japan Aerospace Exploration Agency Information System (IJIS) for tracking the progression of the retreat of the Arctic ice cover. Instead of using a harsh demarcation between ice covered and open waters as used by the National Snow and Ice Data Center (NSIDC), IJIS’s system feathers the shading to distinguish the change between open waters and ice cover. 

New York Times weighs in on Law of the Sea debate

A piece that appeared in the opinion pages of the New York Times offers several reasons for the United States to sign the United Nations Convention on the Law of the Sea. The reasons cited as most important include the international recognition of territorial claims, enhancing national security and not least diplomatic reasons, thus allowing the US to maintain credibility in international alliances.

The article is available here.

US: Military Operations

“The Ocean Law Daily” discussed the news that the President and the Department of Defense have been called upon to decide whether, and how, to apportion responsibility among the three combatant commands (Pacific Command, European Command, and Northern Command) that had responsibilities over segments of the Arctic. Reports claim that NorthCom now has responsibility for the Arctic and for Alaska. With strong links to the Department of Homeland Security, it is possible that this newly achieved responsibility of NorthCom will give the Coast Guard the predominant role in the Arctic Ocean since NorthCom’s primary role is homeland defense. 

Anger at Beluga Whale protection in Alaska

The Beluga whale is a small white toothed whale that inhabits the Arctic Ocean and its adjoining seas. It has five population segments in Alaskan waters and is currently listed as endangered under the U.S. Endangered Species Act in the segment that inhabits Cook Inlet, an isolated inlet near Anchorage off the coast of Alaska. On April 8, 2011, the National Oceanic & Atmospheric Association's Fisheries Service (NOAA) designated 3,016 miles of Cook Inlet as critical Beluga habitat, thus closing the area to any kind of oil or gas development. This has prompted anger in the Alaska State House of Representatives. House Speaker Mike Chenault released a statement on the 8th April 2011, saying that “The federal government ignored state data and biologists, and Alaskans and our kids will have to pay for it. That means fewer jobs, less economic multipliers of that payroll, and less energy security and stability for the entire Railbelt region.”

Click on the following links for more information:

For the NOAA rule, please see here.

For the NOAA press release, please click here.

Click here for further discussion.

Alaskan Legislature asks Congress to ratify Law of the Sea Treaty

Alaska State House of Representatives has formally asked U.S. Congress to ratify the U.N.’s Law of the Sea Treaty. House Joint Resolution 19 was passed by both the House and Senate of the state and states that by not joining the Law of the Sea Treaty “the United States is forfeiting sovereign rights to and international recognition of an expansion of United States resource jurisdiction by as much as 1,000,000 square kilometers of ocean”. Further, the Resolution notes that the U.S. cannot participate in deliberations to amend provisions of the Convention that relate to oil, gas, and mineral resources in the Arctic Ocean, the conduct of essential scientific research, the right of the United States to the use of the seas, navigation rules and other environmental concerns.

The full text of the resolution is available here.

Listen to Alaska Rep. Herron talk about why he wishes to ratify the Law of the Sea Treaty here.

Focus on Nunavut

Canada’s largest circulation national newspaper The Globe and Mail has issued a series of reports on the largest, and newest, Canadian territory. The series focuses on indigenous human rights, government, youth, culture and crime.

Access the full series here.

USA: Alaskan Legislature Joint Resolution on UNCLOS

The Alaska Legislature sent a resolution on April 6 to the US Congress urging it to sign UNCLOS and thus protect the nation's rights in the Arctic and be a part of the governing body for world ocean policy.

House Joint Resolution 19 passed the Alaska Senate by a vote of 15-2 and was sent to U.S. Vice President Joe Biden, U.S. Senate Committee on Foreign Relations Chair John Kerry, SCFR Ranking Republican Richard Lugar, Alaska's congressional delegation, and all other members of the U.S. Senate.

Ozone Layer Loss

Data from the World Meteorological Organization (WMO)

shows that the Arctic region suffered an ozone column loss of

about 40 per cent from the beginning of the winter to late March

owing to the continuing presence of ozone-depleting substances

and extremely cold temperatures in the stratosphere. The highest

loss previously recorded was about 30 per cent over the winter.

Press Release

‘Images of the Arctic and the Futures They Suggest’

A lecture by Professor David D. Caron took place at the Library of Congress on March 30 and covered the global legal and political implications of climate change in the Arctic, and the climate’s effects on the indigenous populations, international trade routes, vegetation and wildlife in the region. 

Offshore Oil and Gas: Guidelines

The 5th paper in a series from Vermont Law School’s Institute for Energy and Environment examines how Arctic Ocean and coastal states’ regulations reflect guidelines produced by the Arctic Council’s Protection of the Arctic Marine Environment (PAME) Working Group for offshore oil and gas activity. It specifically covers the legal system and permitting processes, environmental and social impact assessment, Indigenous participation in decision-making, and operating practices for both Greenland and the Russian Federation. 

Marine Science: Legal Aspects and the Arctic Ocean

The  German Federal Foreign Office in cooperation with the Ministry of Foreign Affairs of Finland held this 2nd Iternational Conference on 17-18 March in Berlin titled: Arctic Science, International Law and Climate Change – Legal Aspects of Marine Science in the Arctic Ocean –:

Speakers and their topics were as follows:

Block 1: Ongoing and future Arctic marine research

Lars-Otto Reiersen “Arctic – the Sentinel for Environmental Processes and Effects”

Michael Gahler “More relevant research for the EU Arctic Policy”

Peter Lemke “The role of the Arctic in the Global Climate System the Arctic Ocean”

Keith Alverson “Ongoing and future Arctic marine research”

Igor Ashik “Recent Russian marine research activities in the Arctic Ocean”

Block 2: Marine research in the Arctic Ocean in practice

Uwe Nixdorf “Arctic research in practice: on sea, on land, in the air”

Larry Mayer “Marine Research in the Arctic: The Perspective of a U.S. Practitioner”

Bernard Coakley “Environmental Permitting Constraints on Arctic Marine Scientific Research”

Alexander Studenetsky “Marine Scientific Research in waters under jurisdiction of the Russian Federation – Russian Legislation”

Klemetti Näkkäläjärvi “Climate change and traditional knowledge”

Block 3: The legal framework

Christian Marcussen “Extended continental shelf issues in the Arctic Ocean: A modern land “grab” or an example of cooperation between the Arctic coastal states?”

Ted L. McDorman “Setting the Stage: The Continental Shelf and Marine Science in the Arctic Ocean”

Judge Zhiguo Gao “Legal Issues of Marine Scientific Research in the Arctic: A Chinese Perspective”

Marie Jacobsson “Time for regime change? Some views on the international regulation of scientific research”

Paul Berkman “Balancing National Interests and Common Interests in the Arctic Ocean”

Block 4: Enlarged continental shelves and the freedom of marine science

Michael Lodge “The International Seabed Authority and the Arctic”

Alex Oude Elferink “Will the establishment of the outer limits of the continental shelf affect the regime for marine scientific research in the Arctic?”

Betsy Baker “Principles for Marine Scientific Research Access in the Arctic Ocean”

Judge Vladimir Golitsyn “Climate change, marine science and delineation of continental shelf”

Bjørn Kunoy “Spatial Limitation in the Establishment of the Outer Limits”

Block 5: Particularities and challenges

Mikko Niini “The technology drivers towards increased industrial activity in the Arctic Ocean”

Jean-Claude Gascard “From DAMOCLES (Developing Arctic Modelling and Observing Capabilities for Long-term Environmental Studies to ACCESS (Arctic Climate Change Impacts on Economic Sectors and Society”

Hajo Eicken “Beyond the 4^th International Polar Year as a testbed of internationally coordinated, collaborative Arctic marine research: Lessons learned from sea-ice research initiatives”

Udloriak Hanson “Science and research in the Arctic Ocean from an Inuit perspective”

Sergey Priamikov “Peculiarities of procedures of application on Marine Scientific Research in EEZ of Arctic ocean coastal states”

A short introduction, the draft Programme, and texts of Speeches by Guido Westerwelle, German Federal Foreign Minister and Maria Damanaki, European Commissioner for Maritime Affairs and Fisheries are at: http://www.auswaertiges-amt.de/arktis/en/Startseite.html

The conclusions of the conference will be released in a forthcoming publication.

Expansion of World-Wide Navigational Warning System

The World-Wide Navigational Warning System has been expanded to the Arctic regions through the joint efforts of the International Maritime Organization (IMO), the International Hydrographic Organization (IHO) and the World Meteorological Organization (WMO), The IMO delineated five new Arctic navigational areas, and the WMO delineated five new meteorological areas in June 2010. The responsibility for the navigational and meteorological areas will be divided between Canada, Norway and the Russian Federation. Press Release

Artic Forecasts: Ice and Shipping

The “Ocean Law Daily” reports that as of March 2011, the Arctic’s spring ice cover is setting a new low record and has indicated a reduction in expansion. However, climate patterns of the arctic are subject to change. The possibility of this continued reduced level has increased applications for transit of the Northern Sea route. Vessels that are not specifically ice hardened may soon be permitted through the route. 

"The Arctic - Legal Considerations"

The Center for International Law at the University of Singapore recently ran a seminar on the Arctic with a presentation given by Captain J. Ashley Roach, JAGC, U.S. Navy. Captain Roach, now retired, was attorney adviser in the Office of the Legal Adviser, U.S. Department of State, from 1988 until his retirement at the end of January 2009. He was responsible for law of the sea matters.

This seminar introduced the law of the sea situation in the Arctic, and examined legal considerations. Matters covered included terminology, geography, maritime zones, maritime boundaries, extended continental shelves, routes used for international navigation, the IMO's Arctic work program, the Arctic Marine Shipping Assessment, negotiations for an Arctic search and rescue agreement and unilateral regulation in the Arctic. For Captain Roach's presentation entitled 'The Arctic - Legal Considerations', please click here.

For further details on the seminar, please click here.

Presentation on Legal Background

“The Ocean Law Daily” reports that the Centre for International Law at the National University of Singapore has made a presentation by Ashley Roach, formerly of the Legal Adviser’s office in the State Department, available online. The report covers a range of topics such as boundary disputes and sovereignty claims, the extended continental shelf, prospects for maritime navigation in the Arctic, sources of applicable law, the Arctic Marine Shipping Assessment and the role of the IMO. 

Arctic in "From Politics and Contemporary History"

The German-language journal: Aus Politik und Zeigeschichte, 5-6/2011, 31 January 2011 has devoted a whole issue to “Arctic Space”. The following are short translations of the abstracts:

Arved Fuchs

North Pole Dawning/„Nordpoldämmerung”

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.“

Christoph Humrich

Resource Conflicts, Law and Governance in the Arctic/„Ressourcenkonflikte, Recht und Regieren in der Arktis“

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?

Valur Ingimundarson

Mineral resources, Superpower Politics and Multilateral Governance/„Bodenschätze, Großmachtpolitik und multilaterale Governance“

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.

Dirk Notz

The Arctic in a Changing Climate/„Die Arktis im Klimawandel“

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.

Christoph Seidler

Traditional Arctic Inhabitants and Climate Change/„Die traditionellen Arktis-Bewohner und der Klimawandel“

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 changings as a result of climate change. Hunting is becoming more dangerous while the extraction of other resources is to some extent more possible.

Matthias Hannemann

North to the Future – The Arctic and the Media/„North to the Future– die Arktis und die Medien“

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.