The A5+5 experience, on the other hand, might prove an inspiration for the AC as
well,
90 at least in some contexts (some of the treaties drafted under the auspices of
the Council of Europe are also open to accession by non-member States). By
combining the AC’s expertise with a wider methodological range, the AC has the
potential to remain an effective forum for the foreseeable future. One possibility to
achieve this might be through a hybrid model, combining binding international
treaties negotiated under the auspices of the Arctic Council (which would be drafted
with the guidance provided by the AC’s expertise and which could be created faster
than in traditional multilateral treaty-drafting settings) which can be opened to
non-Arctic States, for example in the form of a consultative status, thereby giving
the latter a place at the table at parties’ conferences (COPs) without the Arctic States’
relinquishing control of the process.
In recent years, the Arctic has experienced massive changes stemming from
climate change and globalization. As these changes continue and are likely to
accelerate, Arctic States have already reacted and are in the continuous process of
shaping the norms that regulate the Arctic spaces which are beyond the limits of
national jurisdictions. To do so, Arctic States have utilized both global instruments
and fora as well as their own, newly created, tools and institutions. Today, norms for
the Arctic are increasingly created in the Arctic, taking into account both cuttingedge scientific research and the knowledge that has been accumulated over many
generations by the people who live in the Arctic. This proactive trend is likely to
continue as the Arctic Ocean continues to open up and to attract interest also from
outside the Arctic. As the Arctic Council moves into regulatory areas that are fairly
ambitious, it benefits from its reliance on scientific and local expertise. In the long
run, the AC’s method might even become a role model for other forms of regional
cooperation in tackling urgent and emerging issues. As far as the Arctic Ocean is
concerned, it appears that this proactive, science-informed approach, which takes
into account the reality of the people who live in the Arctic, provides for a promising
way to protect the Arctic Ocean, its environment and the people who live along its
coasts.
References
Alaska Fisheries Science Center (2001) The Exxon Valdez oil spill: how much oil remains. In:
AFSC Quarterly Research Reports, July–September 2001. Available via http://www.afsc.noaa.
gov/Quarterly/jas2001/feature_jas01.htm
Bartenstein K (2011) The ‘Arctic Exception’ in the Law of the Sea Convention: a contribution to
safer navigation in the Northwest Passage? Ocean Dev Int Law 42:22–52
Bellefontaine N, Johansson TM (2018) Arctic oil spill intervention. In search of an integrated
approach for the high seas. In: Hildebrand LP, Brigham LW, Johansson TM (eds) Sustainable
shipping in a changing Arctic. Springer, Cham, pp 255–273
90 De Lucia et al. (2018), p. 265.
4 The Arctic Ocean: Are We Ready to Govern a New Ocean?
75
well,
90 at least in some contexts (some of the treaties drafted under the auspices of
the Council of Europe are also open to accession by non-member States). By
combining the AC’s expertise with a wider methodological range, the AC has the
potential to remain an effective forum for the foreseeable future. One possibility to
achieve this might be through a hybrid model, combining binding international
treaties negotiated under the auspices of the Arctic Council (which would be drafted
with the guidance provided by the AC’s expertise and which could be created faster
than in traditional multilateral treaty-drafting settings) which can be opened to
non-Arctic States, for example in the form of a consultative status, thereby giving
the latter a place at the table at parties’ conferences (COPs) without the Arctic States’
relinquishing control of the process.
In recent years, the Arctic has experienced massive changes stemming from
climate change and globalization. As these changes continue and are likely to
accelerate, Arctic States have already reacted and are in the continuous process of
shaping the norms that regulate the Arctic spaces which are beyond the limits of
national jurisdictions. To do so, Arctic States have utilized both global instruments
and fora as well as their own, newly created, tools and institutions. Today, norms for
the Arctic are increasingly created in the Arctic, taking into account both cuttingedge scientific research and the knowledge that has been accumulated over many
generations by the people who live in the Arctic. This proactive trend is likely to
continue as the Arctic Ocean continues to open up and to attract interest also from
outside the Arctic. As the Arctic Council moves into regulatory areas that are fairly
ambitious, it benefits from its reliance on scientific and local expertise. In the long
run, the AC’s method might even become a role model for other forms of regional
cooperation in tackling urgent and emerging issues. As far as the Arctic Ocean is
concerned, it appears that this proactive, science-informed approach, which takes
into account the reality of the people who live in the Arctic, provides for a promising
way to protect the Arctic Ocean, its environment and the people who live along its
coasts.
References
Alaska Fisheries Science Center (2001) The Exxon Valdez oil spill: how much oil remains. In:
AFSC Quarterly Research Reports, July–September 2001. Available via http://www.afsc.noaa.
gov/Quarterly/jas2001/feature_jas01.htm
Bartenstein K (2011) The ‘Arctic Exception’ in the Law of the Sea Convention: a contribution to
safer navigation in the Northwest Passage? Ocean Dev Int Law 42:22–52
Bellefontaine N, Johansson TM (2018) Arctic oil spill intervention. In search of an integrated
approach for the high seas. In: Hildebrand LP, Brigham LW, Johansson TM (eds) Sustainable
shipping in a changing Arctic. Springer, Cham, pp 255–273
90 De Lucia et al. (2018), p. 265.
4 The Arctic Ocean: Are We Ready to Govern a New Ocean?
75