continent and its legal status is based on legally binding documents such as the 1959
Antarctic Treaty,
1 which make up the Antarctic Treaty System (ATS). The treaty
system creates a sui generis regional regime that includes regional regimes such as
merchant shipping, (marine) environmental protection, conservation and management of marine living resources and marine scientific research.
2 The Southern Ocean
has no generally-recognized coastal or port States.
Although the Arctic has been home to indigenous peoples for thousands of years,
the lands of the far north were seen as a ‘frontier’ that was to be ‘discovered’ and
‘conquered’. From the perspective of international law, the central Arctic Ocean was
long ignored, as it was not perceived as a geographical space that could be utilized
(for example for fishing or navigation). This perception changed as shipping in the
Arctic evolved from vision to reality. The potentially harmful effects of shipping
operations on coastal communities have long been a concern in the Arctic, but it was
the journey of the modified oil-tanker SS Manhattan through the Northwest Passage
in 1969 that led to the creation of environmental standards for shipping within
100 nm of the Canadian coast.
3 Also raising issues concerning the control of remote
regions in Arctic States, the Manhattan incident prompted Canada to enact its Arctic
Waters Pollution Prevention Act
4 (AWPPA) in 1970 to address the fragile Arctic
environment and to prevent any potential damage by vessel-source pollution.
AWPPA allowed Canada to prevent pollution within a 100-mile zone adjacent to
the Canadian coast above the 60th parallel.
5 At the time, the scope of AWPPA went
beyond the limits set by international law,
6 and it extended Canada’s jurisdiction to
the high seas where ships had previously enjoyed freedom of navigation. Although
incompatible with the law of the sea at the time,
7 this measure eventually paved the
way to the creation of Article 234 of the UN Convention on the Law of the Sea
8
(UNCLOS) and influenced the development of customary international law.
9
In this chapter, it will be shown how the governance of the Arctic Ocean has
evolved. Particular attention will be given to the importance of climate change as a
key driver of amendments to Arctic law and governance as well as to the institutions
1 402 United Nations Treaty Series 71, opened for signature on 1 December 1959 in Washington,
D.C., entered into force on 23 June 1961.
2 Molenaar (2012), p. 558.
3 Byers (2013), pp. 134 et seq; Caminos and Cogliati-Bantz (2014), p. 140; US Department of State
(1992), p. 73.
4 Canada, Act to Prevent Pollution of areas of the Arctic Waters Adjacent to the Mainland and
Islands of the Canadian Arctic, June 1970, International Legal Materials 9 (1970), pp. 543–552.
5 §3 (1) AWPPA; Huebert (2001), p. 254. In 2009, Canada extended the scope of AWPPA from
100 to 200 nautical miles, Proelss et al. (2017), p. 1570.
6 Bartenstein (2011), p. 26; Franckx (1993), p. 87.
7 Id., p. 185.
8 1833 United Nations Treaty Series 3, opened for signature on 10 December 1982 in Montego Bay,
Jamaica, entered into force on 16 November 1994.
9 Id., p. 186.
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T. Koivurova et al.
Antarctic Treaty,
1 which make up the Antarctic Treaty System (ATS). The treaty
system creates a sui generis regional regime that includes regional regimes such as
merchant shipping, (marine) environmental protection, conservation and management of marine living resources and marine scientific research.
2 The Southern Ocean
has no generally-recognized coastal or port States.
Although the Arctic has been home to indigenous peoples for thousands of years,
the lands of the far north were seen as a ‘frontier’ that was to be ‘discovered’ and
‘conquered’. From the perspective of international law, the central Arctic Ocean was
long ignored, as it was not perceived as a geographical space that could be utilized
(for example for fishing or navigation). This perception changed as shipping in the
Arctic evolved from vision to reality. The potentially harmful effects of shipping
operations on coastal communities have long been a concern in the Arctic, but it was
the journey of the modified oil-tanker SS Manhattan through the Northwest Passage
in 1969 that led to the creation of environmental standards for shipping within
100 nm of the Canadian coast.
3 Also raising issues concerning the control of remote
regions in Arctic States, the Manhattan incident prompted Canada to enact its Arctic
Waters Pollution Prevention Act
4 (AWPPA) in 1970 to address the fragile Arctic
environment and to prevent any potential damage by vessel-source pollution.
AWPPA allowed Canada to prevent pollution within a 100-mile zone adjacent to
the Canadian coast above the 60th parallel.
5 At the time, the scope of AWPPA went
beyond the limits set by international law,
6 and it extended Canada’s jurisdiction to
the high seas where ships had previously enjoyed freedom of navigation. Although
incompatible with the law of the sea at the time,
7 this measure eventually paved the
way to the creation of Article 234 of the UN Convention on the Law of the Sea
8
(UNCLOS) and influenced the development of customary international law.
9
In this chapter, it will be shown how the governance of the Arctic Ocean has
evolved. Particular attention will be given to the importance of climate change as a
key driver of amendments to Arctic law and governance as well as to the institutions
1 402 United Nations Treaty Series 71, opened for signature on 1 December 1959 in Washington,
D.C., entered into force on 23 June 1961.
2 Molenaar (2012), p. 558.
3 Byers (2013), pp. 134 et seq; Caminos and Cogliati-Bantz (2014), p. 140; US Department of State
(1992), p. 73.
4 Canada, Act to Prevent Pollution of areas of the Arctic Waters Adjacent to the Mainland and
Islands of the Canadian Arctic, June 1970, International Legal Materials 9 (1970), pp. 543–552.
5 §3 (1) AWPPA; Huebert (2001), p. 254. In 2009, Canada extended the scope of AWPPA from
100 to 200 nautical miles, Proelss et al. (2017), p. 1570.
6 Bartenstein (2011), p. 26; Franckx (1993), p. 87.
7 Id., p. 185.
8 1833 United Nations Treaty Series 3, opened for signature on 10 December 1982 in Montego Bay,
Jamaica, entered into force on 16 November 1994.
9 Id., p. 186.
60
T. Koivurova et al.