Responsible Fisheries,
53 which stems from the same year, can be utilized in the
central Arctic Ocean.
3 The Arctic Council’s Marine Stewardship
The Arctic Ocean is bordered by five coastal States, which are collectively known as
the Arctic Five (A5), but the bulk of the work in terms of creating standards to
govern Arctic spaces is undertaken at the Arctic Council (AC), which continues to
play the central role in institutional terms when it comes to developing Arctic law
and governance.
The Arctic Council is an inter-governmental forum that unites the eight Arctic
States (United States, Canada, Denmark on behalf of Greenland, Iceland, Norway,
Sweden, Finland and Russia) as members
54 and Arctic indigenous peoples’ organizations as Permanent Participants.
55 In addition, a number of non-Arctic States, such
as China, and other entities (a total of 39, of which 13 are States) have sought (and
gained) observer status with the Arctic Council,
56 which reflects the growing global
interest in Arctic affairs.
57 Originally conceived as a forum with a focus on soft law
and explicitly excluding security matters from its mandate,
58 the AC has developed a
high degree of competence in a number of fields relevant also for the Arctic Ocean.
While not explicitly aimed at maritime matters, the focus of the AC’s work has long
included the Arctic Ocean and its natural environment.
59 This interest has been
reflected in a number of soft law instruments.
In recent years, the Arctic Council has been able to catalyze its multidimensional
efforts, including those with relevance for the Arctic Ocean, into legally binding
treaties. In addition, the member States of the Arctic Council continuously play an
active role in shaping international law in other fora. This was notably the case in the
context of the International Maritime Organization, in which Arctic States effectively worked towards the adoption of the Polar Code. Some years ago, the A5
briefly appeared to challenge the AC for leadership in international Arctic governance,
60 but the established Arctic Council format was given precedence by the A5.
The cooperation between the A5 continued with more limited efforts related to
Fish Stocks and Highly Migratory Fish Stocks, signed 4 August 1995, entered into force
11 December 2001, 2167 UNTS 3.
53 Code of Conduct for Responsible Fisheries (1995).
54 Arctic Council (1996).
55 Ibid.
56 Molenaar (2012), p. 579.
57 Id., p. 580.
58 Koivurova (2010), p. 148.
59 Id., pp. 149–150.
60 Cf. Koivurova (2010).
68
T. Koivurova et al.
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