Arctic Ocean Management and Indigenous Peoples: Recent Legal Developments

2020 ◽  
Vol 11 (1) ◽  
pp. 81-120
Author(s):  
Nigel Bankes
Keyword(s):  
Arctic Ocean ◽  
Indigenous Peoples ◽  
The Arctic ◽  
Scientific Cooperation ◽  
Arctic Council ◽  
Central Arctic Ocean ◽  
Polar Code ◽  
Ocean Management ◽  
Marine Areas ◽  
Maritime Search And Rescue

This article examines recent legal developments in the management of human activities in Arctic marine areas and considers the extent to which these developments acknowledge or recognize the rights, roles and interests of Arctic Indigenous peoples. These developments include the negotiation of three treaties under the auspices of the Arctic Council: the Agreement on Cooperation on Aeronautical and Maritime Search and Rescue in the Arctic, (Arctic SAR Agreement), the Agreement on Cooperation on Marine Oil Spill Preparedness and Response in the Arctic (Arctic MOSPA), and the Agreement on Enhancing International Arctic Scientific Cooperation (Arctic Science Agreement), the adoption of the Polar Code by the International Maritime Organization (IMO), and, most recently, the signature of the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (the CAOF Agreement). It also examines more recent practice under the Agreement on the Conservation of Polar Bears (ACPB).

Some Icelandic Perspectives on the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean

2021 ◽  
Vol 12 (1) ◽  
pp. 268-284
Author(s):  
Jóhann Sigurjónsson
Keyword(s):  
Arctic Ocean ◽  
The Arctic ◽  
Scientific Cooperation ◽  
Central Arctic Ocean ◽  
Fish Stocks ◽  
Management Measures ◽  
Interim Management ◽  
Ice Retreat ◽  
Sea Ice Retreat ◽  
High Seas

This paper reflects on several aspects of the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean from the standpoint of Iceland, prior to, during and at the conclusion of the negotiations of the Agreement in late 2017. Particular reference is made to UNCLOS and coastal State interests, status of knowledge on the fish stocks and the importance of scientific cooperation which the Agreement facilitates. During the years 2008–2015, the so-called Arctic Five consulted on cooperation in Arctic matters including future management of fisheries in the central Arctic Ocean. These rather exclusive cooperative efforts were criticised by Iceland and other States that felt these matters were to be dealt with in a broader international context. It seems evident that Iceland’s desire to become a full participant in the process during the subsequent years was both based on legal arguments as well as fair and natural geopolitical reasons. Iceland became a participant in the negotiations in December 2015. The final version of the Agreement is a fully fledged platform for coordinating scientific research and it even allows for interim management measures until future regional management framework is in place. In essence, the Agreement can be taken as a regional fisheries management arrangement (RFMA), since most elements of relevance are incorporated in accordance with the 1995 UN Fish Stocks Agreement. The opening of the central Arctic Ocean for fishing is not likely to take place in the nearest future, although the development of sea ice retreat is currently faster than earlier anticipated. While the Agreement is today regarded as being historic due to its precautionary approach, future may prove that it was a timely arrangement in a fast-moving world with dramatic changes taking place in the Arctic Ocean.

scholarly journals Societal implications of a changing Arctic Ocean

AMBIO ◽  
2021 ◽  
Author(s):  
Henry P. Huntington ◽  
Andrey Zagorsky ◽  
Bjørn P. Kaltenborn ◽  
Hyoung Chul Shin ◽  
Jackie Dawson ◽  
...  
Keyword(s):  
Sea Ice ◽  
Arctic Ocean ◽  
Indigenous Peoples ◽  
Global Climate ◽  
Rapid Change ◽  
The Arctic ◽  
Cultural Continuity ◽  
Societal Implications ◽  
Arctic Ecosystems ◽  
The Many

AbstractThe Arctic Ocean is undergoing rapid change: sea ice is being lost, waters are warming, coastlines are eroding, species are moving into new areas, and more. This paper explores the many ways that a changing Arctic Ocean affects societies in the Arctic and around the world. In the Arctic, Indigenous Peoples are again seeing their food security threatened and cultural continuity in danger of disruption. Resource development is increasing as is interest in tourism and possibilities for trans-Arctic maritime trade, creating new opportunities and also new stresses. Beyond the Arctic, changes in sea ice affect mid-latitude weather, and Arctic economic opportunities may re-shape commodities and transportation markets. Rising interest in the Arctic is also raising geopolitical tensions about the region. What happens next depends in large part on the choices made within and beyond the Arctic concerning global climate change and industrial policies and Arctic ecosystems and cultures.

scholarly journals Arctic Ocean stratification set by sea level and freshwater inputs since the last ice age

2021 ◽  
Author(s):  
Jesse R. Farmer ◽  
Daniel M. Sigman ◽  
Julie Granger ◽  
Ona M. Underwood ◽  
François Fripiat ◽  
...  
Keyword(s):  
Arctic Ocean ◽  
Surface Waters ◽  
Ice Age ◽  
The Arctic ◽  
Bering Strait ◽  
Central Arctic Ocean ◽  
Phytoplankton Productivity ◽  
Nitrate Consumption ◽  
Western Arctic ◽  
Last Ice Age

AbstractSalinity-driven density stratification of the upper Arctic Ocean isolates sea-ice cover and cold, nutrient-poor surface waters from underlying warmer, nutrient-rich waters. Recently, stratification has strengthened in the western Arctic but has weakened in the eastern Arctic; it is unknown if these trends will continue. Here we present foraminifera-bound nitrogen isotopes from Arctic Ocean sediments since 35,000 years ago to reconstruct past changes in nutrient sources and the degree of nutrient consumption in surface waters, the latter reflecting stratification. During the last ice age and early deglaciation, the Arctic was dominated by Atlantic-sourced nitrate and incomplete nitrate consumption, indicating weaker stratification. Starting at 11,000 years ago in the western Arctic, there is a clear isotopic signal of Pacific-sourced nitrate and complete nitrate consumption associated with the flooding of the Bering Strait. These changes reveal that the strong stratification of the western Arctic relies on low-salinity inflow through the Bering Strait. In the central Arctic, nitrate consumption was complete during the early Holocene, then declined after 5,000 years ago as summer insolation decreased. This sequence suggests that precipitation and riverine freshwater fluxes control the stratification of the central Arctic Ocean. Based on these findings, ongoing warming will cause strong stratification to expand into the central Arctic, slowing the nutrient supply to surface waters and thus limiting future phytoplankton productivity.

Arctic Ocean State-Changes: Self Interests and Common Interests

2009 ◽  
Vol 1 (1) ◽  
pp. 511-525
Author(s):  
Paul Arthur Berkman
Keyword(s):  
Arctic Ocean ◽  
The Arctic ◽  
International Governance ◽  
State Change ◽  
Central Arctic Ocean ◽  
Nation States ◽  
Free Region ◽  
The Arctic Ocean ◽  
Challenges And Opportunities ◽  
State Changes

Abstract Environmental and geopolitical state-changes are the underlying first principles of the diverse stakeholder positioning in the Arctic Ocean. The Arctic Ocean is changing from an ice-covered region to an ice-free region during the summer, which is an environmental state-change. As provided under the framework of the United Nations Convention on the Law of the Sea (UNCLOS), the central Arctic Ocean currently involves “High-Seas” (beyond the “Exclusive Economic Zones”) and the underlying “Area” of the deep-sea floor (beyond the “Continental Shelves”). Governance applications of this ‘donut’ demography – with international space surrounded by sovereign sectors – would be a geopolitical state-change in the Arctic Ocean. International governance strategies and applications for the central Arctic Ocean have far-reaching implications for the stewardship of other international spaces, which between Antarctica and the ocean beyond national jurisdictions account for nearly 75 percent of the Earth’s surface. In view of planetary-scale strategies for humankind, with frameworks such as climate, the Arctic Ocean underscores the challenges and opportunities to balance the governance of nation states and international spaces centuries into the future.

scholarly journals Arktisk råds rolle i polarpolitikken

Nordlit ◽  
2012 ◽  
Vol 16 (1) ◽  
pp. 205 ◽  
Author(s):  
Torbjørn Pedersen
Keyword(s):  
United States ◽  
Arctic Ocean ◽  
The United States ◽  
The Arctic ◽  
Arctic Council ◽  
The Third ◽  
The Arctic Ocean ◽  
Foreign Policies

This article discusses what role(s) member governments want the Arctic Council to have in Arctic affairs. It compares the foreign policies of the five littoral states of the Arctic Ocean: Canada, Denmark, Norway, Russia, and the United States. It identifies and examines three determining debates on a ministerial level over the Arctic Council and the issues it might address: The first debate preceded the Arctic Council's creation in 1996; the second thrived as the five Arctic littoral states convened in Ilulissat, Greenland in 2008; and the third followed a political shift inthe United States in 2009.

scholarly journals Desecuritization as Displacement of Controversy: geopolitics, law and sovereign rights in the Arctic

Politik ◽  
2017 ◽  
Vol 20 (3) ◽  
Author(s):  
Marc Jacobsen ◽  
Jeppe Strandsbjerg
Keyword(s):  
Arctic Ocean ◽  
International Law ◽  
Indigenous Peoples ◽  
North Pole ◽  
The Other ◽  
The Arctic ◽  
The Arctic Ocean ◽  
Securitization Theory ◽  
The Media ◽  
The One

By signing the Ilulissat Declaration of May 2008, the five littoral states of the Arctic Ocean pre-emptively desecuritized potential geopolitical controversies in the Arctic Ocean by confirming that international law and geo-science are the defining factors underlying the future delimitation. This happened in response to a rising securitization discourse fueled by commentators and the media in the wake of the 2007 Russian flag planting on the geographical North Pole seabed, which also triggered harder interstate rhetoric and dramatic headlines. This case, however, challenges some established conventions within securitization theory. It was state elites that initiated desecuritization and they did so by shifting issues in danger of being securitized from security to other techniques of government. Contrary to the democratic ethos of the theory, these shifts do not necessarily represent more democratic procedures. Instead, each of these techniques are populated by their own experts and technocrats operating according to logics of right (law) and accuracy (science). While shifting techniques of government might diminish the danger of securitized relations between states, the shift generates a displacement of controversy. Within international law we have seen controversy over its ontological foundations and within science we have seen controversy over standards of science. Each of these are amplified and take a particularly political significance when an issue is securitized via relocation to another technique. While the Ilulissat Declaration has been successful in minimizing the horizontal conflict potential between states it has simultaneously given way for vertical disputes between the signatory states on the one hand and the Indigenous peoples of the Arctic on the other.

Testing the synchronicity of Pleistocene biostratigraphic events in the central Arctic – Do we have a consistent biostratigraphic framework?  

2021 ◽  
Author(s):  
Flor Vermassen ◽  
Helen K. Coxall ◽  
Gabriel West ◽  
Matt O'Regan
Keyword(s):  
Arctic Ocean ◽  
Sediment Cores ◽  
Age Determination ◽  
The Arctic ◽  
Calcareous Nannofossils ◽  
Central Arctic Ocean ◽  
Eurasian Basin ◽  
Future Work ◽  
Amerasian Basin

<p>Harsh environmental and taphonomic conditions in the central Arctic Ocean make age-modelling for Quaternary palaeoclimate reconstructions challenging. Pleistocene age models in the Arctic have relied heavily on cyclostratigraphy using lithologic variability tied to relatively poorly calibrated foraminifera biostratigraphic events. Recently, the identification of <em>Pseudoemiliania lacunosa</em> in a sediment core from the Lomonosov Ridge, a coccolithophore that went extinct during marine isotope stage (MIS) 12 (478-424 ka), has been used to delineate glacial-interglacial units back to MIS 14 (~500 ka BP). Here we present a comparative study on how this nannofossil biostratigraphy fits with existing foraminifer biohorizons that are recognised in central Arctic Ocean sediments. A new core from the Alpha Ridge is presented, together with its lithologic variability and down-core compositional changes in planktonic and benthic foraminifera. The core exhibits an interval dominated by <em>Turborotalita egelida</em>, a planktonic foraminifer that is increasingly being adopted as a marker for MIS11 in sediment cores from the Amerasian Basin of the Arctic Ocean. We show that the new age-constraints provided by calcareous nannofossils are difficult to reconcile with the proposed MIS 11 age for the <em>T. egelida</em> horizon. Instead, the emerging litho- and coccolith biostratigraphy implies that Amerasian Basin sediments predating MIS5 are older than the egelida-based age models suggest, i.e. that the <em>T. egelida</em> Zone is older than MIS11. These results expose uncertainties regarding the age determination of glacial-interglacial cycles in the Amerasian basin and point out that future work is required to reconcile the micro- and nannofossil biostratigraphy of the Amerasian and Eurasian basin.</p>

scholarly journals Near-Inertial Mixing in the Central Arctic Ocean

2014 ◽  
Vol 44 (8) ◽  
pp. 2031-2049 ◽  
Author(s):  
Ilker Fer
Keyword(s):  
Arctic Ocean ◽  
Vertical Mixing ◽  
The Arctic ◽  
Storm Event ◽  
Central Arctic Ocean ◽  
Long Time ◽  
Wave Induced ◽  
The Waves ◽  
Inertial Energy ◽  
Made In

Abstract Observations were made in April 2007 of horizontal currents, hydrography, and shear microstructure in the upper 500 m from a drifting ice camp in the central Arctic Ocean. An approximately 4-day-long time series, collected about 10 days after a storm event, shows enhanced near-inertial oscillations in the first half of the measurement period with comparable upward- and downward-propagating energy. Rough estimates of wind work and near-inertial flux imply that the waves were likely generated by the previous storm. The near-inertial frequency band is associated with dominant clockwise rotation in time of the horizontal currents and enhanced dissipation rates of turbulent kinetic energy. The vertical profile of dissipation rate shows elevated values in the pycnocline between the relatively turbulent underice boundary layer and the deeper quiescent water column. Dissipation averaged in the pycnocline is near-inertially modulated, and its magnitude decays approximately at a rate implied by the reduction of energy over time. Observations suggest that near-inertial energy and internal wave–induced mixing play a significant role in vertical mixing in the Arctic Ocean.

Can the Arctic Council and the Northern Forum find common ground?

Polar Record ◽  
2002 ◽  
Vol 38 (207) ◽  
pp. 289-296 ◽  
Author(s):  
Oran R. Young
Keyword(s):  
Indigenous Peoples ◽  
Common Ground ◽  
Bureaucratic Politics ◽  
The Arctic ◽  
Arctic Council ◽  
Global Issues ◽  
The Status ◽  
The Cold War ◽  
The Voice ◽  
Two Bodies

AbstractThe Arctic Environmental Protection Strategy (the forerunner of the Arctic Council) and the Northern Forum are both products of the sea change in Arctic politics occurring in the wake of the end of the Cold War. Both are soft law arrangements and both are lightly institutionalized. Yet these similarities have not provided a basis for collaboration between the Arctic Council (AC) and the Northern Forum (NF). For the most part, the two bodies have behaved like ships passing in the night. This article seeks to explain this lack of collaboration and to evaluate future prospects in this realm. The lack of collaboration is attributable in part to a number of sources of tension or fault lines, including issues relating to core-periphery relations, the concerns of indigenous peoples, divergent constituencies, the Russian connection, and bureaucratic politics and the complexities of political leadership. In part, it stems from ambiguities about the status of the AC and the NF combined with restrictions on the roles these bodies can play. There is little prospect of combining the two bodies into a more comprehensive Arctic regime. But there are opportunities to devise a realistic division of labor and to develop useful coordination mechanisms. The AC, for example, is the appropriate vehicle for efforts to strengthen the voice of the Arctic regarding global issues; the NF is well-suited to dealing with matters of community viability. Ultimately, the two bodies might consider creating a joint working group on sustainable development or organizing occasional joint meetings of the AC's Senior Arctic Officials and the NF's Executive Committee.

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