How is the Law of the Sea relevant for the Arctic?
The
Arctic Ocean is surrounded by five coastal countries: Canada, Denmark (via
Greenland), Norway, Russia and the United States. All five enjoy certain legal
prerogatives related to Arctic waters. They exercise full sovereignty over
their territorial waters, the area within 12 nautical miles of their coastlines;
and on the continental shelf under the Arctic Ocean, the natural extension of
the country's landmass. They also enjoy sovereign rights - the so-called
resource rights - in Arctic waters extending up to 200 nautical miles from
their coastlines. This area is known as the Exclusive Economic Zone (EEZ).
While the coastal countries have the jurisdiction to protect marine
environments in the EEZ, the non-coastal states also have certain rights, such
as the freedom of navigation, overflights, and laying of submarine cables. The areas
beyond 200 nautical miles are defined as the High Seas and are often
referred to as areas beyond national jurisdiction (ABNJ).
The
law of the sea provides for specific lawful actions for all states on the high
seas, such as navigation, resource extraction, overflights, laying of cable and
pipelines, placing artificial installations, and marine scientific research. In
exercising these activities, countries act with due diligence to conserve
marine living resources, protect the marine environment from pollution, and
respect the rights, duties and interests of coastal states.
Nations
are also restrained from carrying out any unlawful activities on the high seas.
In the Arctic, marine areas are the crucial points of interaction between the Arctic
and non-Arctic states in terms of exercising rights and duties. The increased
melting sea ice in the Arctic Ocean is creating opportunities for many new activities,
such as offshore oil and gas, fishing, shipping, and infrastructure development.
The law of the sea offers guiding principles and rules to follow both within,
and beyond, the jurisdictional boundaries of the Arctic states. Those principles
and rules apply to all activities in the Arctic, whether marine environmental
protection, resource exploration, shipping, or disputes over extended
continental shelves. It is in this context that the law of the sea is relevant to
the Arctic and offers an overarching framework to regulate its development.
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