fisheries in the central Arctic Ocean, which culminated in the adoption of the
Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic
Ocean
61 (CAOFA). Although the five coastal States will have naturally occurring
shared interests that can be met through international regulation, the wide material
scope of the international treaties created under the auspices of the AC shows that
these interests can also be met through the AC, and the A5’s efforts have been
limited to fishing. Consequently, the AC currently is the undisputed prime forum for
discussing international Arctic governance. The push by non-Arctic nations for
observer status in the Arctic Council highlights this growing global interest in Arctic
governance. Understanding non-Arctic views on Arctic law and governance matters
because norms that apply to the Arctic are also created outside the Arctic, and
non-Arctic actors play an important role in shaping the rules that apply to the Arctic.
The Arctic Council is an inter-governmental forum based on a declaration rather
than an organization based on an international treaty, and initially it relied exclusively on soft law. Today it has not only a permanent secretariat but has also begun to
be used by Arctic States as a space for developing legally binding agreements,
despite its nature as a soft-law intergovernmental forum. The AC is not only a
political forum but in its work it relies on working groups, task forces and expert
groups. The systematic reliance on scientific expertise by the AC and the involvement of Arctic indigenous communities ensure that the AC can actually provide
‘Arctic Law made in the Arctic’. In the following, the AC’s strategy will be outlined
and its specific approaches to the governance of the Arctic Ocean will be described
in more detail.
Covering issues such as cooperation in search and rescue
62 (SAR) matters and in
scientific research
63 as well as responses to oil spills,
64 these international treaties are
not law made by the AC but rather have been drafted under the auspices of the Arctic
Council. In addition, soft law continues to play an important role in the work of the
AC. For example, the Ministerial Meeting of the Arctic Council in Tromsø approved
the Arctic Marine Shipping Assessment (AMSA) report in 2009.
65 This assessment
of Arctic marine activities focused on marine safety and environmental protection.
The report recommends actions to be taken by the Arctic Council and the Arctic
States. The report suggests the Arctic States support the work of IMO, the competent
body for regulating shipping in the Arctic, to strengthen the international standards
61 Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (CAOFA)
(2018).
62 Agreement on Cooperation on Aeronautical and Maritime Search and Rescue in the Arctic (Arctic
SAR), 12 May 2011, entered into force 19 January 2013, 50 ILM 1113 (2011).
63 Agreement on Enhancing International Arctic Scientific Cooperation, 11 May 2017, entered into
force 23 May 2018, https://oaarchive.arctic-council.org/handle/11374/1916.
64 Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic,
15 May 2013, entered into force 25 March 2016, https://oaarchive.arctic-council.org/handle/11374/
529.
65 Arctic Marine Shipping Assessment (AMSA) 2009 Report, https://oaarchive.arctic-council.org/
handle/11374/54.
4 The Arctic Ocean: Are We Ready to Govern a New Ocean?
69
Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic
Ocean
61 (CAOFA). Although the five coastal States will have naturally occurring
shared interests that can be met through international regulation, the wide material
scope of the international treaties created under the auspices of the AC shows that
these interests can also be met through the AC, and the A5’s efforts have been
limited to fishing. Consequently, the AC currently is the undisputed prime forum for
discussing international Arctic governance. The push by non-Arctic nations for
observer status in the Arctic Council highlights this growing global interest in Arctic
governance. Understanding non-Arctic views on Arctic law and governance matters
because norms that apply to the Arctic are also created outside the Arctic, and
non-Arctic actors play an important role in shaping the rules that apply to the Arctic.
The Arctic Council is an inter-governmental forum based on a declaration rather
than an organization based on an international treaty, and initially it relied exclusively on soft law. Today it has not only a permanent secretariat but has also begun to
be used by Arctic States as a space for developing legally binding agreements,
despite its nature as a soft-law intergovernmental forum. The AC is not only a
political forum but in its work it relies on working groups, task forces and expert
groups. The systematic reliance on scientific expertise by the AC and the involvement of Arctic indigenous communities ensure that the AC can actually provide
‘Arctic Law made in the Arctic’. In the following, the AC’s strategy will be outlined
and its specific approaches to the governance of the Arctic Ocean will be described
in more detail.
Covering issues such as cooperation in search and rescue
62 (SAR) matters and in
scientific research
63 as well as responses to oil spills,
64 these international treaties are
not law made by the AC but rather have been drafted under the auspices of the Arctic
Council. In addition, soft law continues to play an important role in the work of the
AC. For example, the Ministerial Meeting of the Arctic Council in Tromsø approved
the Arctic Marine Shipping Assessment (AMSA) report in 2009.
65 This assessment
of Arctic marine activities focused on marine safety and environmental protection.
The report recommends actions to be taken by the Arctic Council and the Arctic
States. The report suggests the Arctic States support the work of IMO, the competent
body for regulating shipping in the Arctic, to strengthen the international standards
61 Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (CAOFA)
(2018).
62 Agreement on Cooperation on Aeronautical and Maritime Search and Rescue in the Arctic (Arctic
SAR), 12 May 2011, entered into force 19 January 2013, 50 ILM 1113 (2011).
63 Agreement on Enhancing International Arctic Scientific Cooperation, 11 May 2017, entered into
force 23 May 2018, https://oaarchive.arctic-council.org/handle/11374/1916.
64 Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic,
15 May 2013, entered into force 25 March 2016, https://oaarchive.arctic-council.org/handle/11374/
529.
65 Arctic Marine Shipping Assessment (AMSA) 2009 Report, https://oaarchive.arctic-council.org/
handle/11374/54.
4 The Arctic Ocean: Are We Ready to Govern a New Ocean?
69