Chapter 4
The Arctic Ocean: Are We Ready to Govern
a New Ocean?
Timo Koivurova, Stefan Kirchner, and Pirjo Kleemola-Juntunen
Abstract Climate change makes the Arctic ocean accessible for a range of human
activities, such as shipping or hydrocarbon extraction, which can severely damage
the fragile natural environment. The emergence of a ‘new ocean’ raises the question
whether existing international legal norms are sufficient to adequately govern the
Arctic ocean in light of this changing situation. Looking at the work of existing
institutions, initiatives by Arctic States and applicable legal norms, the authors
investigate the suitability of the current international legal framework for the governance of the Arctic ocean in general and the protection of the marine environment
in particular. In the absence of a regional seas agreement for the Arctic ocean,
particular attention will be given to the work of the Arctic Council and to potential
future developments of the international legal framework governing in particular the
high seas part of the central Arctic ocean.
1 Introduction
For a long time, the Arctic has been perceived by outsiders as some sort of frozen
desert. For the first time in human history, climate change has made large parts of the
Arctic Ocean accessible for large-scale maritime use. This change has unearthed a
range of new challenges that require a regulatory response on an international level.
It is the purpose of this text to examine not only how such regulatory responses are
generated but which existing institutions and legal frameworks might prove useful in
the future governance of the Arctic Ocean.
Both the Arctic and Antarctica are governed by multilevel international legal
frameworks. Unlike the Arctic, which consists of both areas beyond national jurisdiction and also large parts that fall within the geographical scope of the national
sovereignty and sovereign rights of the Arctic States, Antarctica is an uninhabited
T. Koivurova (*) · S. Kirchner · P. Kleemola-Juntunen
University of Lapland, Arctic Centre, Rovaniemi, Finland
e-mail: timo.koivurova@ulapland.fi; stefan.kirchner@ulapland.fi;
pirjo.kleemola-juntunen@ulapland.fi
© Springer Nature Switzerland AG 2020
M. C. Ribeiro et al. (eds.), Global Challenges and the Law of the Sea,
https://doi.org/10.1007/978-3-030-42671-2_4
59
The Arctic Ocean: Are We Ready to Govern
a New Ocean?
Timo Koivurova, Stefan Kirchner, and Pirjo Kleemola-Juntunen
Abstract Climate change makes the Arctic ocean accessible for a range of human
activities, such as shipping or hydrocarbon extraction, which can severely damage
the fragile natural environment. The emergence of a ‘new ocean’ raises the question
whether existing international legal norms are sufficient to adequately govern the
Arctic ocean in light of this changing situation. Looking at the work of existing
institutions, initiatives by Arctic States and applicable legal norms, the authors
investigate the suitability of the current international legal framework for the governance of the Arctic ocean in general and the protection of the marine environment
in particular. In the absence of a regional seas agreement for the Arctic ocean,
particular attention will be given to the work of the Arctic Council and to potential
future developments of the international legal framework governing in particular the
high seas part of the central Arctic ocean.
1 Introduction
For a long time, the Arctic has been perceived by outsiders as some sort of frozen
desert. For the first time in human history, climate change has made large parts of the
Arctic Ocean accessible for large-scale maritime use. This change has unearthed a
range of new challenges that require a regulatory response on an international level.
It is the purpose of this text to examine not only how such regulatory responses are
generated but which existing institutions and legal frameworks might prove useful in
the future governance of the Arctic Ocean.
Both the Arctic and Antarctica are governed by multilevel international legal
frameworks. Unlike the Arctic, which consists of both areas beyond national jurisdiction and also large parts that fall within the geographical scope of the national
sovereignty and sovereign rights of the Arctic States, Antarctica is an uninhabited
T. Koivurova (*) · S. Kirchner · P. Kleemola-Juntunen
University of Lapland, Arctic Centre, Rovaniemi, Finland
e-mail: timo.koivurova@ulapland.fi; stefan.kirchner@ulapland.fi;
pirjo.kleemola-juntunen@ulapland.fi
© Springer Nature Switzerland AG 2020
M. C. Ribeiro et al. (eds.), Global Challenges and the Law of the Sea,
https://doi.org/10.1007/978-3-030-42671-2_4
59