Reflections on the possibilities and limitations of a binding legal regime

Environmental Policy and Law

Volumn 37, Issue 4, 2007, Pages 321-324

  Corell, Hans ^a  

^a Ministry for Foreign Affairs   (Sweden)

Author keywords

[No Author keywords available]

Indexed keywords

ENVIRONMENTAL LEGISLATION; ENVIRONMENTAL POLICY; EXCLUSIVE ECONOMIC ZONE;

EID: 34547574662     PISSN: 0378777X     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (12)

1. Available at http://www.acia.uaf.edu/.
2. For ease of reference, UNCLOS Articles 55 to 58 are included here: Article 55 Specific legal regime of the exclusive economic zone The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in this Part, under which the rights and jurisdiction of the coastal State and the rights and freedoms of other States are governed by the relevant provisions of this Convention. Article 56 Rights, jurisdiction and duties of the coastal State in the exclusive economic zone 1. In the exclusive economic zone, the coastal State has: (a) sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds;...
3. See page 355.
4. See, e.g., "The Law of the Sea Convention and the Idea of a Binding Regime for the Arctic Marine Environment" by Olav Schram Stokke available at http://www.arcticpar1.org/?/element/elementid/ conference7.
5. Reference is made to an address on the same topic presented by the author on 3 August 2006 at Kiruna, Sweden, at the Seventh Conference of Parliamentarians of the Arctic Region. See http://www.arcticpar1.org/?/ element/elementid/conference7.
6. Article 122 on Definition reads: "For the purposes of this Convention, 'enclosed or semi enclosed sea' means a gulf, basin or sea surrounded by two or more States arid connected to another sea or the ocean by a narrow outlet or consisting entirely or primarily of the territorial seas arid exclusive economic zones of two or more coastal States." Article 123 on Cooperation of States bordering enclosed or semi-enclosed seas reads: "States bordering an enclosed or semi enclosed sea should cooperate with each other in the exercise of their rights and in the performance of their duties under this Convention. To this end they shall endeavour, directly or through an appropriate regional organisation: (a) to coordinate the management, conservation, exploration and exploitation of the living resources of the sea; (b) to coordinate the implementation of their rights and duties with respect to the protection and preservation of the marine environment; (c) to coordinate their scientific research policies and undertake where appropriate joint programmes of scientific research in the area; (d) to invite, as appropriate, other interested States or international organisations to cooperate with them in furtherance of the provisions of this article." Article 234 on Ice-covered Areas reads: "Coastal States have the right to adopt and enforce non discriminatory laws and regulations for the prevention, reduction and control of marine pollution from vessels in ice covered areas within the limits of the exclusive economic zone, where particularly severe climatic conditions and the presence of ice covering such areas for most of the year create obstructions or exceptional hazards to navigation, and pollution of the marine environment could cause major harm to or irreversible disturbance of the ecological balance. Such laws and regulations shall have due regard to navigation and the protection and preservation of the marine environment based on the best available scientific evidence."
7. The fact that only 45 of the 191 UN Member States are parties to the Antarctic Treaty could be invoked against this argument. But the nature of the Antarctic Treaty is very special and the most important rules to protect the Arctic are contained in global treaties.
8. Entered into force on 16 February 2005, in accordance with article 25 (1) of the Protocol.
9. See http://www.iucn.org/. An excellent overview of the situation appears in The Arctic: Towards a New Environmental Regime by Wolfgang E. Burhenne in collaboration with Carine Nadal. This article will be published in early 2007 in Environmental Policy and Law, Vol. 37, No. 2/3, IOS Press, Amsterdam. It can also be accessed through the International Council of Environmental Law, Godesberger Allee 108-112, 53175 Bonn, Tel.: ++49/228/2 69 22 28, Fax.: ++49/228/2 69 22 251, email: Ice1ιntlawpol.org, www.i-c-e-1.org. Reference can also be made to the 2006 Newsletter from IUCN, available at http://www.iucn.org/ themes/law/pdfdocuments/Newsletter_2006_en.pdf and to L. Nowlan, Arctic Legal Regime for Environmental Protection, IUCN Environmental Policy and Law Paper No. 44, 2001, available at http://www.iucn.org/ themes/law/pdfdocuments/EPLP44EN.pdf.
10. In this context, attention is drawn to paragraph 28 of the Conference Statement of the Seventh Conference of Parliamentarians of the Arctic Region, Kiruna, Sweden, 2-4 August 2006, which contains a request to governments in the Arctic region and the institutions of the European Union to: "In light of the impact of climate change, and the increasing economic and human activity, initiate, as a matter of urgency, an audit of existing legal regimes that impact the Arctic and to continue the discussion about strengthening or adding to them where necessary." See http://www.arcticpar1.org/?/element/ elementid/ conference7.
11. http://www.tallbergforum.org/. This Forum takes place in Dalecarlia in Sweden every summer and brings together participants from different walks of life from all over the world: Heads of state, politicians, businessmen, scientists, journalists, writers, artists, lawyers, representatives of non-governmental organisations and indigenous peoples. In 2006, there were some 450 people from more than 60 countries from all continents.
12. http://www.ipy.org.