involved in regulating an ocean that, for the first time in human memory, will
become usable not only from a local but also from a global perspective.
2 Climate Change and Changing Law for the Arctic Ocean
2.1 Climate Change
Anthropogenic climate change has had a dramatic impact on the polar regions in
particular. Greenhouse gases such as CO 2 cause an increase in temperatures. This
effect is felt today
10 and Arctic temperatures are estimated to warm at about twice the
rate as the rest of the planet.
11 This is leading to the melting of the polar ice caps as
well as glaciers (in Greenland, for instance) but also permafrost. Melting permafrost
releases methane, which in turn accelerates the process of global warming,
12 while
the loss of polar sea-ice (which is as significant as ever before in recorded history,
with the previous 12 years having the smallest extent of Arctic sea ice
13 ) and glaciers
results in a reduced albedo, which then leads to greater heat retention and also feeds
into the looped process of climate change. Climate change has a range of effects on
the natural world, such as the northward movement of species at sea and on land
14
and the decreased accessibility of some land areas due to melting permafrost, but
some Arctic areas experience easier accessibility by sea. It is the latter aspect, the
accessibility of parts of the Arctic Ocean, that have never before been accessible for
human exploitation on an industrial scale (i.e., beyond indigenous hunting), which
has triggered the increasing international regulation of Arctic spaces.
2.2 The Law as It Is Today: Article 234 UNCLOS
It was the old perception of the Arctic as a frozen desert which played a role during
the negotiations not only for UNCLOS but also for the multilateral treaties related to
the law of the sea which were adopted in the 1950s. This perception was based on the
absence of knowledge. Satellite data, available only since the late 1970s,
15 and local
knowledge held by indigenous communities were often ignored. This led to a
situation in which the key international treaty concerning the law of the sea addresses
the Arctic Ocean only in passing: under Article 234 UNCLOS:
10 Overland et al. (2018).
11 NOAA (2019).
12 Gray (2018).
13 NOAA (2019).
14 Welch (2017).
15 See also Lei et al. (2015).
4 The Arctic Ocean: Are We Ready to Govern a New Ocean?
61
become usable not only from a local but also from a global perspective.
2 Climate Change and Changing Law for the Arctic Ocean
2.1 Climate Change
Anthropogenic climate change has had a dramatic impact on the polar regions in
particular. Greenhouse gases such as CO 2 cause an increase in temperatures. This
effect is felt today
10 and Arctic temperatures are estimated to warm at about twice the
rate as the rest of the planet.
11 This is leading to the melting of the polar ice caps as
well as glaciers (in Greenland, for instance) but also permafrost. Melting permafrost
releases methane, which in turn accelerates the process of global warming,
12 while
the loss of polar sea-ice (which is as significant as ever before in recorded history,
with the previous 12 years having the smallest extent of Arctic sea ice
13 ) and glaciers
results in a reduced albedo, which then leads to greater heat retention and also feeds
into the looped process of climate change. Climate change has a range of effects on
the natural world, such as the northward movement of species at sea and on land
14
and the decreased accessibility of some land areas due to melting permafrost, but
some Arctic areas experience easier accessibility by sea. It is the latter aspect, the
accessibility of parts of the Arctic Ocean, that have never before been accessible for
human exploitation on an industrial scale (i.e., beyond indigenous hunting), which
has triggered the increasing international regulation of Arctic spaces.
2.2 The Law as It Is Today: Article 234 UNCLOS
It was the old perception of the Arctic as a frozen desert which played a role during
the negotiations not only for UNCLOS but also for the multilateral treaties related to
the law of the sea which were adopted in the 1950s. This perception was based on the
absence of knowledge. Satellite data, available only since the late 1970s,
15 and local
knowledge held by indigenous communities were often ignored. This led to a
situation in which the key international treaty concerning the law of the sea addresses
the Arctic Ocean only in passing: under Article 234 UNCLOS:
10 Overland et al. (2018).
11 NOAA (2019).
12 Gray (2018).
13 NOAA (2019).
14 Welch (2017).
15 See also Lei et al. (2015).
4 The Arctic Ocean: Are We Ready to Govern a New Ocean?
61