Legal order in the Arctic

The UN Convention on the Law of the Sea (UNCLOS) of 1982 is the main foundation of legal order, according to which the five polar states bordering the Arctic Ocean have the right to establish a territorial sea up to a limit of twelve nautical miles and an exclusive economic zone of up to 200 nautical miles. This last provision grants these countries sovereign rights in exploiting the resources of the sea, the ocean floor and its subsoil. 

However, most Arctic coastal states intend to go further and secure access to mineral resources beyond the zone of 200 nautical miles, resources which are today still in exclusively international waters. If a coastal state wants access rights, it must claim an extended continental shelf. 

To do so, the state must submit evidence to the Commission on the Limits of the Continental Shelf, which was established by the UNCLOS, that the limits of its continental shelf extend beyond 200 nautical miles (Article 76 (eight) UNCLOS). If their evidence is accepted, the coastal states exercise sovereign rights over the continental shelf for the purpose of exploiting its natural resources up to an outer limit of 350 nautical miles (Article 76 (six) and 77 (one) UNCLOS).

The UNCLOS section on the environment obliges states to protect and preserve the marine environment (Article 192). 

Large parts of the Arctic Ocean floor and its subsoil lie beyond areas of national sovereignty and have been accorded the special status of "common heritage of mankind" by the United Nations Convention on the Law of the Sea (UNCLOS). The Commission on the Limits of the Continental Shelf, on the other hand, which is headquartered in New York, is the central body for determining the coastal states' continental shelf limits, within which they have exclusive rights to explore and exploit the natural resources of the ocean floor and its subsoil. The CLCS, which was established in 1997, is an international body based on the UNCLOS. It consists of national experts from 21 countries with fresh elections held at regular intervals. If there is a two-thirds majority, the Commission issues recommendations allowing coastal states to extend their continental shelf beyond the general limit of 200 nautical miles envisaged by the UNCLOS. Norway was the first Arctic country for which such recommendations were issued (2009). The Russian Federation is currently revising its 2001 submission. Denmark and Canada are working on submissions for 2013 and 2014 respectively. 

In addition to the UNCLOS, there are a number of international agreements in the fields of biodiversity, chemicals, the marine environment and the atmosphere that affect Arctic issues. 

The following are particularly worthy of note:

• the 1973 International Convention for the Prevention of Pollution from Ships (MARPOL),
• the 1985 Montreal Protocol on Substances that Deplete the Ozone Layer,
• the 1972 London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter and its 1996 protocol,
• the Stockholm Convention on Persistent Organic Pollutants (POPs Convention) of May 2001,
• the protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants as well as the protocol on Heavy Metals,
• the 1992 international Convention on Biological Diversity,
• the 1946 UN International Convention for the Regulation of Whaling,
• the 1995 UN Agreement on straddling fish stocks and highly migratory fish stocks.

• In 1973 the Arctic coastal states reached an agreement on the conservation on polar bears and their habitats. Around half of the approximately 25,000 polar bears live in Canada. Other regional and bilateral agreements address the conservation of caribou, reindeer, seals and breeding birds.
• Since 2002 there have been guidelines for ships operating in areas of the Arctic Ocean covered by ice. These guidelines, which were drafted by the International Maritime Organization (IMO), are not binding. In the preamble they are called "recommendatory rather than mandatory" and further adjustments to the new situation in the Arctic are needed.
• Within the IMO, work on a "Polar Code" for both poles is moving forward (technical requirements for ships and crews). Environmental regulations are also envisaged.
• There are also a number of bilateral agreements between Arctic coastal states, usually concerning territorial issues.
• In Nuuk in 2011, members of the Arctic Council adopted an agreement on "search and rescue" in the Arctic region.
• In Kiruna in 2013, the members signed an Agreement on Cooperation on Marine Oil Pollution Preparedness and Response.

Source: Federal Foreign Office