Arctic Policy & Law: References to Selected Documents - IUCN

241 Pages·2011·2.46 MB·English

by  Jenny Kelleher

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

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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.

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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. Marine spatial
planning would provide the method to do so together with cooperative international
information gathering and decision-making.
Report available at:
http://www.aspeninstitute.org/sites/default/files/content/docs/pubs/Aspen_Climate_Change_
Report_2011.pdf

11. European Parliament 2011, European Parliament resolution of 20 January 2011 on a
sustainable EU policy for the High North (2009/2214(INI)) Strasbourg.
This is a comprehensive resolution regarding the European Union’s sustainable EU policy
for the Arctic region.
Key topics include:
Regarding the EU and the Arctic:
“Stresses the need for a united, coordinated EU policy on the Arctic region, in which both
the EU's priorities and the potential challenges and a strategy are clearly defined”
Regarding new world transport routes:
“Calls on the States in the region to ensure that any current transport routes – and those that
may emerge in the future – are open to international shipping and to refrain from
introducing any unilateral arbitrary burdens, be they financial or administrative, that could
hinder shipping in the Arctic, other than internationally agreed measures aimed at increasing
security or protection of the environment”
Regarding Governance:
“ Recognizes the institutions and the broad framework of international law and agreements
that govern areas of importance to the Arctic such as UNCLOS (including the basic
principles of freedom of navigation and innocent passage), the IMO, the OSPAR
Convention, the North East Atlantic Fisheries Commission (NEAFC), CITES and the
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2011

Stockholm Convention as well as the existing numerous bilateral agreements and
frameworks, in addition to the national regulations in place in the Arctic States; thus
concludes that the Arctic region is not to be regarded as a legal vacuum, but as an area with
well-developed tools for governance; nevertheless points out that, due to the challenges of
climate change and increasing economic development, those existing rules need to be
further developed, strengthened and implemented by all parties concerned.”
Available at:
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P7-TA-2011-
0024+0+DOC+XML+V0//EN&language=EN

12. Center for Biological Diversity 2011, Letter of intent to sue: Violations of the Endangered
Species Act related to Offshore Oil and Gas Leasing, Exploration, and Development
Activities in and near the Beaufort and Chukchi Seas that Adversely Affect Polar Bear
Critical Habitat, viewed 30 January 2011,
http://thehill.com/images/stories/blogs/energy/polarlawsuit.pdf

This letter is a sixty day notice of intent of the Center for Biological Diversity to sue the
Secretary of Interior, Ken Salazar; the Department of Interior; the Bureau of Ocean
Management, Regulation and Enforcement, the Bureau of Land Management and the U.S.
Fish and Wildlife Service over violations of Section 7 of the Endangered Species Act 16
U.S.C. § 1531 et seq. for actions and inactions related to the regulation, management and
authorization of oil and gas leasing, exploration and development activities in polar bear
critical habitat in and near the Beaufort and Chukchi Sea and adjacent coastal areas of
Alaska. Those activities include the leasing of sizeable parts the 187,157 square miles of
polar bear critical for oil and gas exploration, the granting of the Shell 2010/2011
Exploration Plan for the Beaufort Sea and the issuance of permits without completing
environmental assessments as required by law.

13. U.S. National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling
(2011), The Challenges of Oil Spill Response in the Arctic, originally released October 6,
2010, updated January 11, 2011, viewed 30 January 2001,
http://www.oilspillcommission.gov/document/challenges-oil-spill-response-arctic

This draft/staff working paper describes some of the difficulties of spill response in the
Arctic. There are two locations of offshore drilling in the U.S. Arctic, the Beaufort Sea and
the Chukchi Sea, and each site presents different drilling conditions and response issues.
This report provides an overview of applicable regulatory requirements related to spill
responses in both of those areas. A Chukchi Sea spill would be more difficult to access,
contain and clean-up. However, even though a Beaufort Sea spill would be more straight-
forward and easier to access, the drilling sites are closer to the sensitive shoreline. The
report presents a short history of drilling in the area, the status of current exploration and
leasing, and an overview of applicable regulatory requirements in the area.

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