Category Archives: International Law

Denmark rejects Russia call for swift talks on Arctic rights

From the Financial Times

Denmark has rebuffed Russian attempts to launch talks aimed at swiftly deciding which nations own large swaths of the Arctic, including the North Pole.

Kristian Jensen, Denmark’s foreign minister, told the Financial Times he wanted to stick to a UN process which experts think will take decades to sort out where borders in the Arctic lie.

“We need to apply the international rules. It’s the right way to go forward,” he said.

Sergei Donskoi, Russia’s natural resources minister, last week told President Vladimir Putin that he wanted to start bilateral talks with Denmark this autumn. Denmark and Russia both claim ownership of the North Pole. In total, their Arctic applications overlap by about 550,000 sq km, with both claiming the Lomonosov Ridge that stretches 1,800km from off the coast of Greenland and Canada to Russian waters above eastern Siberia.

Geopolitical tensions over who controls the Arctic have been kept to a minimum so far despite widespread fears over a new “Great Game” between the likes of Russia, the US, Canada, Denmark and Norway.

Any countries’ territory ends 12 nautical miles from its coast in the Arctic while its exclusive economic zone extends 200 nautical miles, leaving a big area currently owned by nobody. Under the UN Convention on the Law of the Sea, countries have a right to submit a claim to any territory they can show to be an extension of their continental shelf. A UN body evaluates the scientific basis for the claims and if they are found to still be overlapping, the countries must negotiate over the borders.

Both Denmark and Russia have submitted claims for the North Pole and the Lomonosov Ridge, while Canada is expected to post a claim in 2018, with experts forecasting it will overlap significantly with the other two. Norway has not laid claim to the North Pole or ridge while the US has not ratified the UN convention.

“It might be too soon to say that we can do this in a bilateral environment. We don’t know about Canada. They can say: ‘Hey, you are dividing our part of the world’,” Mr Jensen said.

Mr Jensen’s predecessor described the UN process as “the big carrot” for the Arctic countries to behave peacefully in resolving the borders, after Denmark spent $50m and 12 years gathering data to back its claim.

Several non-Arctic countries, including China, Japan and India, have taken an active interest in the region, with all three becoming observer states at the Arctic Council, the main intergovernmental body for the far north. Many are wary of countries dividing up the last large piece of unclaimed territory on the planet and home to what is thought to be vast, untapped resources of oil and gas.

Concerns were stoked in 2007 when Russia planted its flag under the North Pole. But western diplomats say the Arctic has been one of the few areas where Russia has been constructive ever since. “Relationships with Russia over the Arctic have remained good even when they have been in trouble elsewhere,” said a Nordic diplomat.

Mr Putin held a meeting on Wednesday with ministers to discuss the Arctic region. According to a transcript from the Kremlin, Mr Donskoi told him that “to speed up the consideration of Russia’s application” he would like to negotiate with Denmark this autumn “on the preliminary delimitation of our adjacent continental shelf territories in the Arctic Ocean”.

Mr Donskoi argued this would help “organise the subsequent events, including proper examination of the geological applications, to avoid any further disputes”.

Heather Exner-Pirot, a Canadian expert on the Arctic, said on Twitter that Russia’s claim was more modest than Denmark’s. She added that Mr Jensen’s swift rebuff of Mr Donskoi’s offer implied that “Denmark thinks it has the stronger claim”.

Ship found in Arctic 168 years after doomed Northwest Passage attempt

From The Guardian

The long-lost ship of British polar explorer Sir John Franklin, HMS Terror, has been found in pristine condition at the bottom of an Arctic bay, researchers have said, in a discovery that challenges the accepted history behind one of polar exploration’s deepest mysteries.

HMS Terror and Franklin’s flagship, HMS Erebus, were abandoned in heavy sea ice far to the north of the eventual wreck site in 1848, during the Royal Navy explorer’s doomed attempt to complete the Northwest Passage.

Now that mystery seems to have been solved by a combination of intrepid exploration – and an improbable tip from an Inuk crewmember.

On Sunday, a team from the charitable Arctic Research Foundation manoeuvred a small, remotely operated vehicle through an open hatch and into the ship to capture stunning images that give insight into life aboard the vessel close to 170 years ago.

“We have successfully entered the mess hall, worked our way into a few cabins and found the food storage room with plates and one can on the shelves,” Adrian Schimnowski, the foundation’s operations director, told the Guardian by email from the research vessel Martin Bergmann.

“We spotted two wine bottles, tables and empty shelving. Found a desk with open drawers with something in the back corner of the drawer.”

The well-preserved wreck matches the Terror in several key aspects, but it lies 60 miles (96km) south of where experts have long believed the ship was crushed by ice, and the discovery may force historians to rewrite a chapter in the history of exploration.

The 10-member Bergmann crew found the massive shipwreck, with her three masts broken but still standing, almost all hatches closed and everything stowed, in the middle of King William Island’s uncharted Terror Bay on 3 September.

For the rest of the story, please visit The Guardian

 

Alaska maps released this week are most precise ever

From ADN

From the Aleutian Islands to the North Slope, Alaska’s massive and varied terrain has now been mapped in an unprecedented way, exactly a year after President Barack Obama announced the new Arctic mapping project during his visit to Alaska.

The first fruits of the mapping project were released Sept. 1, said Paul Morin, director of the Polar Geospatial Center at the University of Minnesota, a leading partner in the project.

The topographical map shows detailed crevasses, mountain ranges, and riverbeds. Resources are available to help people explore the data.

“For us, this really is a game changer,” Morin said. “We can see and create this topographic data for the most remote places on earth, and it could not have come too soon. With climate change right now, we need to be able to … understand what’s happening to the planet.”

Morin has been collecting the data for about three years, which he supplies to National Science Foundation Arctic researchers. And they always ask for elevation data. “We’ve been collecting this imagery knowing our researchers will be asking for it,” Morin said.

First meeting of SAOs during U.S. Chairmanship

From the Arctic Council

The U.S. Chairmanship of the Arctic Council began just under two months ago, heralded by the passing of the Arctic Council gavel from the Honourable Leona Aglukkaq, Chair of the Arctic Council during Canada’s Chairmanship, to U.S. Secretary of State John Kerry at the Iqaluit 2015 Ministerial meeting. At the meeting, Arctic Council ministers agreed upon an ambitious agenda for the Arctic Council to be carried out during the two years of the U.S. Chairmanship (2015-2017). On 16-17 June 2015, delegates from the Arctic Council’s eight states, six indigenous Permanent Participant organizations and six permanent Working Groups met in Washington, DC to begin moving forward with the Council’s agreed-upon program of work.

The recent meeting was an opportunity to address many areas on the Arctic Council’s agenda, including identifying ways of strengthening the Council and enhancing the efficiency, reach and inclusiveness of its work.

Following the meeting, Chair of the Senior Arctic Officials Ambassador David Balton said “It was a wonderful opportunity to be able to host delegates from the Arctic Council Member States, Permanent Participants, and Working Groups here in Washington for the first official meeting of the U.S. Chairmanship. This meeting provided us with an opportunity to engage in thoughtful discussions around a number of key Arctic Council matters. It also provided an opportunity to maintain the momentum and enthusiasm generated by the Iqaluit 2015 Ministerial. Over the past two days, we’ve had a number of fruitful exchanges on a variety of important issues and have developed a clear path forward for the Council’s work under the U.S. Chairmanship. I was truly pleased to see among all participants a strong sense of commitment to the Arctic Council, its purpose and its ongoing and future work.”

Russia May File Claim to UN for Arctic Shelf Expansion During Summer

From Sputniknews

Russian Deputy Minister of Natural Resources and Environment Denis Khramov said that Russia plans to submit an application to the United Nations this summer on expanding its Arctic shelf border.

Russia may submit an application to the United Nations this summer on expanding its Arctic shelf border, Deputy Minister of Natural Resources and Environment Denis Khramov said Monday.

“We plan to submit it in the near future. This may happen in the summer, if a relevant decision is made by the government,” Khramov told RIA Novosti.

Environmental Provisions of Polar Code adopted

From the Arctic Council

On 15 May, the environmental provisions of the Polar Code were adopted by the Marine Environment Protection Committee of the International Maritime Organization (IMO). The complete Polar Code, encompassing the safety-related and environment-related requirements, is expected to enter into force on 1 January 2017.

Arctic Council members have been actively engaged in the development of the Polar Code through their participation in the International Maritime Organization.  The Council has also helped to promote safe and secure shipping through the Arctic region, including through the Arctic Marine Shipping Assessment (2009).

The Arctic Council spoke earlier with Secretary-General Koji Sekimizu of the IMO about how these provisions will help protect Arctic waters from pollution. Read his response below:

“The Polar Code adds additional requirements to those already applicable to ships under relevant IMO treaties, in order to address the specific challenges ships face when trading in the harsh conditions of the two poles. This should help to prevent accidents, thereby minimizing any potential pollution damage.

“Also, specific environmental provisions address operational discharges, to supplement the requirements already contained in MARPOL*. As the Antarctic area is already established as a Special Area under MARPOL Annexes I and V, with stringent restrictions on discharges, the Polar Code aims to replicate many of those provisions in the Arctic area.

“Part II of the Polar Code, which has been approved by the MEPC for adoption in May this year**, includes mandatory provisions in chapters covering the following topics:

  • prevention of pollution by oil, including discharge restrictions prohibiting any discharge into the sea of oil or oily mixtures from any ship, as well as structural requirements including protective location of fuel-oil and cargo tanks;
  • control of pollution by noxious liquid substances in bulk, prohibiting any discharge into the sea of noxious liquid substances, or mixtures containing such substances;
  • prevention of pollution by sewage from ships, prohibiting the discharge of sewage except for comminuted and disinfected sewage under specific circumstances, including a specified distance from ice; and
  • prevention of pollution by garbage from ships, adding additional restrictions to the permitted discharges (under MARPOL Annex V, discharge of all garbage into the sea is prohibited, except as provided otherwise). Food wastes shall not be discharged onto the ice and discharge into the sea of comminuted and ground food wastes is only permitted under specific circumstances including at a not less than 12 nautical miles from the nearest land, ice-shelf or fast ice. Only certain cargo residues, classified as not harmful to the marine environment, can be discharged.”

Russia to file claim for Arctic shelf expansion to UN this year

From TASS

Russia’s Natural Resources Ministry is planning to file a claim with the UN on expanding Russia’s Arctic shelf territory by partly including the Gakkel Ridge into it, the ministry chief, Sergey Donskoy, told reporters on Thursday.

“We will file [the claim] this year. The necessity for the filing fully justifies itself as it will take certain time to consider the request, and not just one year,” the natural resources minister said at a press conference.

The Russian ministry has already gathered enough evidence to apply to the UN Commission on the Limits of the Continental Shelf and prove its case, Donskoy said.

“In our request, we partly included the Gakkel Ridge into the shelf borders. In any case, we can still make additions to the documents during the consideration of the request at the UN commission. We do not stop at filing and we will monitor the process,” he said.

Donskoy said if necessary the ministry would carry out additional work and introduce all the necessary evidence to the commission.

Russia plans to increase its continental shelf in the Arctic by around 1.2 million square kilometers.

In March 2015, state research enterprises, which are subordinated to the Federal Agency on Mineral Resources (Rosnedra) and the Defence Ministry, completed work on a respective draft claim that has been partly revised.

Chair of SCPAR attends Arctic Council Ministerial Meeting

From CPAR

Mr Eirik Sivertsen will attend the Arctic Council Ministerial Meeting in Iqaluit, Canada 24 April 2015.

In advance of the meeting in Iqaluit Mr Sivertsen will meet with his Canadian colleagues in the Standing Committee in Ottawa,  Vice-Chair Mr Dennis Bevington and Mr Ryan Leef.

The Arctic parliamentary cooperation has proposed to have yearly Arctic Council Ministerial Meetings as the importance of the cooperation in the Council has grown significantly since its inception in 1996. The increased global attention towards the Arctic and the rapid changing environment demands closer and higher political attention.

To read more about Arctic governance see the report:Arctic Governance in an Evolving Arctic Region

Canada to Host Arctic Council Ministerial Meeting in Iqaluit

From the Canadian government

Leona Aglukkaq, Minister of the Environment, Minister of the Canadian Northern Economic Development Agency and Minister for the Arctic Council, will welcome international delegations to Iqaluit for the Ninth Arctic Council Ministerial meeting on April 24 and 25, 2015.

As chair of the Arctic Council, Minister Aglukkaq will host the meeting. She will be joined by Arctic state ministers and leaders of the Council’s Indigenous Permanent Participant organizations.

Before the meeting concludes, Arctic Council ministers are expected to adopt the 2015 Iqaluit Declaration, highlighting the accomplishments of the past two years and setting the stage for the incoming U.S. chairmanship.

Russia’s FM passes on Arctic Council meeting

From Barentsobserver

Russia’s Foreign Minister Sergey Lavrov will not be present in next week’s Ministerial Meeting in Arctic Council, where the United States will take over chairmanship from Canada.

On April 24, Ministers from the eight Arctic Council-member nations — Canada, the United States, Russia, Iceland, Denmark, Finland, Sweden and Iceland, as well as leaders from Indigenous permanent participant organizations, meet in the town of in Iqaluit in Canada.

The member nations normally send their foreign minister to ministerial meetings in the Arctic Council, but Instead of hosting Russia’s foreign minister Sergey Lavrov, Canada will host their environment minister.

“Due to [Foreign Minister Sergey] Lavrov’s prior commitments, as well as extraordinary recent international developments which require his personal involvement, the Russian delegation at the Arctic Council ministerial meeting will be headed by [Environment Minister] Sergey Donskoy,” a spokesperson from the Russian embassy said, according to Global News.

Michael Byers, Canada Research Chair in global politics and international law at the University of British Columbia, says to CBC that the reason for Lavrov’s absence is the Arctic Council’s focus on domestic issues under Canadian leadership, and has nothing to do with any tensions between Canada and Russia over the conflict in Ukraine.

“You can’t really blame him for saying ‘I don’t need to be there,’” says Byers. “The Russians don’t consider that anything important about foreign policy will be done in Iqaluit,” CBC reports.

Byers says foreign diplomats have privately criticized Canada for shifting the Arctic Council’s focus to domestic issues under its chairmanship.