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Arctic Marine Governance: Opportunities for Transatlantic Cooperation PDF

270 Pages·2013·4.83 MB·English
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Elizabeth Tedsen · Sandra Cavalieri R. Andreas Kraemer Editors Arctic Marine Governance Opportunities for Transatlantic Cooperation Arctic Marine Governance Elizabeth Tedsen · Sandra Cavalieri R. Andreas Kraemer Editors Arctic Marine Governance Opportunities for Transatlantic Cooperation 1 3 Editors Elizabeth Tedsen Sandra Cavalieri Ecologic Institute Washington DC R. Andreas Kraemer Washington DC Ecologic Institute USA Berlin Germany ISBN 978-3-642-38594-0 ISBN 978-3-642-38595-7 (eBook) DOI 10.1007/978-3-642-38595-7 Springer Heidelberg New York Dordrecht London Library of Congress Control Number: 2013942467 © Springer-Verlag Berlin Heidelberg 2014 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher’s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com) Foreword Nowhere is climate change more visible than in the Arctic, which is a vital and vulnerable component of the Earth’s environment and climate system. The melt- ing of Arctic sea ice is progressing rapidly and affecting ecosystems as well as the traditional livelihoods of indigenous peoples. As climate change and economic development accelerate in the Arctic region, the European Union is stepping up its engagement with its Arctic partners to jointly meet the challenge of safeguarding the environment while ensuring the sustainable development of the Arctic region. The EU sponsored the Arctic TRANSFORM project (<http://arctic-transform.org>), the results of which form a basis for this volume. The goal of Arctic TRANSFORM was to develop transatlantic policy options for supporting adaptation in the marine Arctic environment, placing a special emphasis on involving a broad range of stake- holders to address the major climate issues facing the region. Key project objectives included: • To promote mutual exchange among EU and US policymakers and stakeholders on policies and approaches in the Arctic in stakeholder working groups; • To provide a comparative analysis of existing policies and make recommenda- tions with substantial buy-in as to how to strengthen cooperation between the EU and US; and • To encourage dialogue and thus improve conditions for further transatlan- tic policy development and more effective protection of the Arctic marine environment. Today, as the impacts of climate change become apparent, the need for good collaboration on preserving the Arctic marine environment is even more pressing than it was at the time of the project. Enhanced transatlantic cooperation can take advantage of emerging opportunities for improving protection of the Arctic marine v vi Foreword environment. Through formal cooperation on policy strategies as well as informal channels of information sharing, research exchanges, and stakeholder networks, a strong transatlantic partnership can create a foundation for improved knowledge and efficient and timely addressing of the challenges ahead. Helga Schmid Deputy Secretary General European External Action Service Preface The Arctic region plays an important role in regulating the world’s climate and also is highly impacted by climate change, with average temperatures rising almost twice as fast as the rest of the world and sea ice melting much faster than previously predicted. These rapid changes will have significant impacts on human activity in the region and on the Arctic marine environment. Recognizing the importance of these changes, the Arctic TRANSFORM project was developed to explore the roles of the EU and US in light of the changing cli- mate and the region’s political and legal complexities. The project sought to pro- mote exchange between EU and US policymakers and stakeholders on approaches in the Arctic, provide comparative analyses of existing policies, make recom- mendations as how to strengthen cooperation between the EU and US, encourage dialogue, and thus improve conditions for further transatlantic policy develop- ment and more effective protection of the Arctic marine environment. The pro- ject was funded by the European Commission (formerly DG External Relations, now European External Action Service) and led by Ecologic Institute, along with the Arctic Center, the Netherlands Institute for the Law of the Sea, and the Heinz Center. Four years later, this book begins where Arctic TRANSFORM left off, address- ing the new and significant changes and developments in the marine Arctic with updates, new policy recommendations, and additional topics to better reflect the current governance environment. Within four years, the Arctic region has undergone substantial changes. The impacts of climate change are swiftly altering the landscape and ushering in new activity and actors. Likewise, the policy environment has also undergone transfor- mations, including modifications to adapt existing frameworks to the changed and changing Arctic conditions, as described in detail throughout this book. A look to the future leaves little doubt that this rapid pace of change will continue—for the environment and policy. For instance, in May 2013—after the time of writing of this volume—the Arctic Council Ministerial Meeting in Kiruna is slated to take up a wide range of critical governance issues, including a legally binding agreement on marine oil preparedness and response, updating PAME’s Arctic Marine Strategic Plan, and releasing reports for the Arctic Ocean Review and Arctic Biodiversity Assessment. Most important in the transatlantic vii viii Preface context, the meeting will also address the EU’s application to become a permanent observer of the Arctic Council. In addition, in 2015, the US will assume chairman- ship of the Arctic Council. While such developments may continue to further alter the Arctic governance landscape, we believe that the background, principles, and discussion presented herein, do and will continue to promote better understanding of marine Arctic gov- ernance needs and options and help to lay a foundation for future effective envi- ronmental governance. March 2013 E. Tedsen S. Cavalieri R. Andreas Kraemer Acknowledgments The editors thank and recognize the contributions of the Arctic TRANSFORM project to this book. The Arctic TRANSFORM project was funded by the European Commission (formerly DG External Relations, now European External Action Service) and led by Ecologic Institute, along with the Arctic Centre, the Netherlands Institute for the Law of the Sea, and the Heinz Center. The project was enriched by discussions and outcomes from five thematic working groups, which engaged more than 50 experts from multiple disciplines on Arctic indigenous peoples, environmental governance, fisheries, offshore hydrocarbon activities, and shipping. In particular, the authors recognize the contribution of the Co-Chairs of each working group as follows: • Environmental Governance Working Group: Dr. Stuart Chapin (University of Alaska, Fairbanks) and Dr. Neil Hamilton (WWF Arctic International Programme). • Fisheries Working Group: Ambassador David Balton (US Department of State, Bureau of Oceans, Environment and Science) and Kjartan Hoydal (North East Atlantic Fisheries Commission). • Indigenous Peoples Working Group: Patricia Cochran (Inuit Circumpolar Conference) and Dr. Mark Nuttall (University of Alberta, University of Oulu). • Offshore Hydrocarbon Working Group: Dr. Cutler Cleveland (Boston University) and Kevin O'Carroll (OSPAR Offshore Industry Committee). • Shipping Working Group: Dr. Lawson Brigham (US Arctic Research Commission) and Rene Piil Pedersen (Danish Shipowners' Association). The editors thank Lucy Smith and Erika Sulik at Ecologic Institute for their care- ful attention and support in finalizing this book. ix Contents Part I The Arctic Environment 1 Introduction to the Arctic ..................................... 3 Erik J. Molenaar, Timo Koivurova, Elizabeth Tedsen, Andrew Reid, and Kamrul Hossain 2 The Arctic Marine Environment ............................... 21 Arne Riedel 3 Environmental Governance in the Marine Arctic ................. 45 Susanah Stoessel, Elizabeth Tedsen, Sandra Cavalieri, and Arne Riedel 4 Arctic Indigenous Peoples and the Challenge of Climate Change .... 71 Adam Stepien, Timo Koivurova, Anna Gremsperger, and Henna Niemi Part II Impacts and Activities in the Marine Arctic 5 Status and Reform of International Arctic Fisheries Law .......... 103 Erik J. Molenaar 6 Status and Reform of International Arctic Shipping Law .......... 127 Erik J. Molenaar 7 Understanding Risks Associated with Offshore Hydrocarbon Development ............................................... 159 Kamrul Hossain, Timo Koivurova, and Gerald Zojer xi

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The Arctic region plays an important role in regulating the world’s climate and is also highly impacted by climate change, with average temperatures rising almost twice as fast as the rest of the world and sea ice melting much faster than previously predicted. These rapid changes will have signifi
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