Dienstag, 24. Mai 2011
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.
Freitag, 20. Mai 2011
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.
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.
Mittwoch, 18. Mai 2011
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
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
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
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
Dienstag, 17. Mai 2011
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.
Sonntag, 15. Mai 2011
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.
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.
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.
Samstag, 14. Mai 2011
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.
Freitag, 13. Mai 2011
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.
Donnerstag, 12. Mai 2011
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 7th 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.
Freitag, 6. Mai 2011
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.
Sonntag, 1. Mai 2011
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.
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