Melting moments: The future of polar oceans governance in a warming world

Review of European Community and International Environmental Law

Volumn 16, Issue 2, 2007, Pages 196-216

  Rayfuse, Rosemary ^a  

^a UNIVERSITY OF NEW SOUTH WALES   (Australia)

Author keywords

[No Author keywords available]

Indexed keywords

CLIMATE CHANGE; CLIMATE EFFECT; ENVIRONMENTAL MANAGEMENT; ENVIRONMENTAL PROTECTION; GLOBAL WARMING; GOVERNANCE APPROACH; MARINE ENVIRONMENT; POLAR REGION;

EID: 34548533722     PISSN: 09628797     EISSN: 14679388     Source Type: Journal    
DOI: 10.1111/j.1467-9388.2007.00555.x     Document Type: Article

References (140)

1. Anthropogenic contributions to and influences on climate change and associated warming have been confirmed in the Fourth Assessment Report of the Intergovernmental Panel on Climate Change ('Fourth IPCC Assessment Report') released on 2 February 2007. See IPCC, Fourth Assessment Report: Summary for Policymakers (IPCC, 2007), available at .
2. IPCC, Climate Change 2001: Impacts, Adaptation and Vulnerability (Cambridge University Press, 2001), at 16.1.1 ('Third IPCC Assessment Report'); Arctic Climate Impact Assessment, Impacts of a Warming Arctic (Cambridge University Press, 2004); and Fourth IPCC Assessment Report, n. 1 above, para. 3.2
3. Sponsored jointly by the International Council for Science (ICSU) and the World Meteorological Organization (WMO), the IPY runs from 1 March 2007-1 March 2009. Lasting more than one calendar year the dates were chosen to ensure equal coverage of two full annual cycles in both the Arctic and the Antarctic. This IPY comes during the 125th anniversary of the first IPY, the 75th anniversary of the second IPY and the 50th anniversary of the International Geophysical Year. For more information on the IPY, see the website available at .
4. This is particularly so as the IPY will lead to increased knowledge of and access to the resources available in polar regions. Indeed, some commentators have suggested that the IPY is nothing more than a thinly veiled excuse for exploration as a prelude to increased exploitation of natural resources, particularly oil, natural gas and gas hydrates. See D. Adam, 'Scramble is on for Arctic Oil', Guardian Weekly (21 April 2006), available at .
5. Antarctic Treaty (Washington, 1 December 1959).
6. The bi-polar comparative approach is not novel. Neither is the idea that the two regimes might learn from each other. In 1998, the Antarctic Treaty Consultative Meeting concluded that there were 'several points of convergence between the two polar areas, not the least with regard to the question of environmental protection'. At the 1999 meeting, the Arctic States expressed the view that 'bipolar approaches could provide an understanding of common environmental aspects' and that it was 'desirable to strengthen cooperation in scientific research between the two regions'. See Final Report of the Twenty-Second Antarctic Treaty Consultative Meeting (Tromsø, Norway, 25 May-5 June 1998), at para. 99 and Final Report of the Twenty-Third Antarctic Treaty Consultative Meeting (Lima, Peru, 24 May-4 June 1999), at para. 113. See, also, T. Koivurova, 'Environmental Protection in the Arctic and Antarctic: Can the Polar Regimes Learn From Each Other?', 33:2 International Journal of Legal Information (2005), 204.
7. See Antarctic Treaty, n. 5 above, Article VI.
8. Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR) (Canberra, 20 May 1980), Article 1.
9. Agreement on the Conservation of Polar Bears (Oslo, 15 November 1973).
10. See the Declaration on the Establishment of the Arctic Council (Ottawa, 19 September 1996), available at .
11. Adopted by the parties to the 1991 Declaration on Protection of the Arctic Environment (Rovaniemi, 14 June 1991). For a comprehensive description of the creation of the AEPS, see O. Young, Creating Regimes - Arctic Accords and International Governance (Cornell University Press, 1998). For discussions of the effectiveness of the AEPS, see D. Rothwell, The Polar Regimes and the Development of International Law (Cambridge University Press, 1996) and D. VanderZwaag, 'International Law and Arctic Marine Conservation - A Slushy, Shifting Seascape', 9:2 Georgetown International Environmental Law Review (1997), 303.
12. The programmes are the Arctic Monitoring and Assessment Program (AMAP); the Conservation of Arctic Flora and Fauna (CAFF); the Protection of the Arctic Marine Environment (PAME); the Emergency Prevention Preparedness and Response Program (EPPRP); and the Sustainable Development Program (SDWG) established in 1998. See the Iqaluit Declaration (Iqaluit, 18 September 1998), available at .
13. For a description of the Council's processes, see O. Young, The Structure of Arctic Cooperation: Solving Problems/Seizing Opportunities, Fourth Conference of Parliamentarians of the Arctic Region (27-29 August 2000), available at .
14. To date, the focus of the Arctic Council and its working groups has been primarily on the identification of environmental issues and the adoption of cooperative, but voluntary and non-legally binding, codes and guidelines. The range of initiatives has included the 2004 Arctic Climate Impact Assessment (Arctic Council, 2004), available at or , as well as the 2004 Strategic Plan for the Conservation of Arctic Biodiversity (Arctic Council, 2004), available at , the 1998 Arctic Offshore Oil and Gas Guidelines (Arctic Council, 1998), available at , the 1998 Field Guide for Oil Spill Response in Arctic Waters (Arctic Council, 1998), available at , the 1998 Regional Program of Action for the Protection of the Arctic Marine Environment from Land-based Activities (Arctic Council, 1998), available at , the 1997 Guidelines for Environmental Impact Assessment in the Arctic (Arctic Council, 1997), available at , and the 2000 Action Plan to Eliminate Pollution in the Arctic (Arctic Council, 2000), available at . For discussions, see D. VanderZwaag, R. Huebert and S. Ferrara, 'The Arctic Environmental Protection Strategy, Arctic Council and Multilateral Initiatives: Tinkering While the Marine Environment Totters', in A. Oude Elferink and D. Rothwell (eds), The Law of the Sea and Polar Maritime Boundary Delimitation and Jurisdiction (Martinus Nijhoff, 2001), at 246.
15. United Nations Convention on the Law of the Sea (Montego Bay, 10 December 1982).
16. See n. 8, above.
17. Convention on the Conservation of Antarctic Seals (London, 11 February 1972).
18. Protocol on Environmental Protection to the Antarctic Treaty (Madrid, 4 October 1991).
19. Ibid., Article 7.
20. The ACIA was commissioned by the Arctic Council in 2000 and prepared by two of its working groups, the Arctic Monitoring and Assessment Program (AMAP) (see ) and the working group on Conservation of Arctic Flora and Fauna (CAFF) (see ), along with the International Arctic Science Committee (IASC) (see ). Impacts of a Warming Arctic: The Arctic Climate Impact Assessment (Arctic Council, 2004), the 140 page synthesis report of the ACIA, together with the texts of the Scientific Report (Arctic Council, 2004) and the Policy Report (Arctic Council, 2004) are available at . Its findings are reinforced by the Fourth IPCC Report, n. 1 above.
21. See ACIA, Scientific Report, n. 20 above, at 471-474, available at . See also ACIA, Impacts of a Warming Arctic, ibid., at 20.
22. J. Rechter-Menge et al., State of the Arctic Report (National Oceanic and Atmospheric Administration, 2006), at 2.
23. 'Sea Ice Decline Intensifies', Joint Press release between the National Snow and Ice Data Centre (NSIDC), NASA and the University of Washington (28 September 2005), available at .
24. See, e.g., NASA/Goddard Space Flight Centre, 'Arctic Ice Meltdown Continues with Significantly Reduced Winter Ice Cover', ScienceDaily 15 September 2006), available at ; and 'Arctic Sea Ice Shrinks as Temperatures Rise', ScienceDaily (4 October 2006). See also J. Richter-Menge et al., State of the Arctic Report, National Oceanographic and Atmospheric Administration (NOAA/OAR/PMEL, October 2006), at 15-19, available at .
25. E. Rignot and P. Kanagaratnam, 'Changes in Velocity Structure of the Greenland Ice Sheet', 311:5763 Science (2006), 986; G. Ekström, M. Nettles and V.C. Tsai, 'Seasonality and Increasing Frequency of Greenland Glacial Earthquakes', 311:5768 Science (2006), 1756. I. Joughlin, 'Greenland Rumbles Louder as Glaciers Accelerate', 311:5768 Science (2006), 1719; R. Khamasi, 'Greenland's Glaciers are Speeding to the Ocean', NewScientist.com (17 February 2006), available at .
26. D. Perlman, 'Greenland's Ice Cap is Melting at a Frighteningly Fast Rate',San Francisco Chronicle (11 August 2006), available at K. Young, 'Greenland Ice Cap may be Melting at Triple Speed', NewScientist.com (10 August 2006), available at .
27. See E. Rignot and P. Kanagaratnam, n. 25 above.
28. J.T. Overpeck et al., 'Paleoclimatic Evidence for Future Ice-Sheet Instability and Rapid Sea-Level Rise', 311:5768 Science (2006), 1747; and G. Lean, 'The Big Thaw: Global Disaster will Follow if the Ice Cap on Greenland Melts', The Independent (20 November 2005), available at .
29. J. Turner et al., 'Antarctic Climate Change During the Last 50 Years', 25:3 International Journal of Climatology (2005), 279.
30. National Snow and Ice Data Centre, Larsen B Ice Shelf Collapses in Antarctica (NSIDC, 18 March 2002), available at and E. Domack et al., 'Stability of the Larsen B Ice Shelf on the Antarctic Peninsula during the Holocene Epoch', 436:7051 Nature (2005), 681.
31. See J. Turner et al., n. 29 above, at 282-283.
32. British Antarctic Survey, 'Rapid Temperature Increases Above the Antarctic', ScienceDaily (30 March 2006), available at .
33. Ibid.
34. I. Velicogna and J. Wahr, 'Measurements of Time-Variable Gravity Show Mass Loss in Antarctica', 311:5768 Science (2006), 1754; R. Thomas et al., 'Accelerated Sea-Level Rise from West Antarctica', 306:5694 Science (2004), 255; M. Henderson, 'Shrinking Antarctic Ice Proves Scientists Wrong', The Times(3 March 2006), available at .
35. See J.T. Overpeck et al., n. 28 above; M. Henderson, 'London "under water by 2100" as Antarctica Crumbles into the Sea', The Times (24 March 2006), available at and see G. Lean, n. 28 above.
36. See Fourth IPCC Assessment Report, n. 1 above, paras 4.6, 6.4 and 10.7.
37. Ibid., paras 5.5 and table 5.3.
38. B.J. Peterson et al., 'Trajectory Shifts in the Arctic and Subarctic Freshwater Cycle', 313:5790 Science (2006), 1061. The Fourth IPCC Assessment Report finds a greater than 90% likelihood that ocean circulation in the North Atlantic will slow down in the twenty- first century although temperatures in the region will continue to increase due to much larger warming associated with projected increases on greenhouse gases. It notes, however, that 'longer-term changes cannot be assessed with confidence'; see Fourth IPCC Report, n. 1 above, paras 10.3 and 10.7.
39. K.M. Walter et al., 'Methane Bubbling from Siberian Thaw Lakes as a Positive Feedback to Climate Warming', 443:7107 Nature (2006), 71. See also F. Pearce, 'Climate Warning as Siberia Melts', NewScientist.com (11 August 2005), available at I. Sample, 'Melting Permafrost Poses Greenhouse Crisis', Sydney Morning Herald (12 August 2005), available at .
40. Petition to the Inter-American Commission on Human Rights Seeking Relief from Violations Resulting from Global Warming Caused by Acts and Omissions of the United States, submitted by Sheila Watt-Cloutier, with the support of the Inuit Circumpolar Conference, on behalf of all Inuit of the Arctic Regions of the United States and Canada (7 December 2005). A copy of the petition, which is not listed on the Commission's website, is available at . Although the Commission initially declined to hear the petition, after the release of the Fourth IPCC Report, the Commission agreed to a hearing on the topic of Human Rights and Global Warming which was held on 1 March 2007. For an audio recording of the hearing, see . For transcripts of the submissions and more information on the proceedings, see .
41. In 2006, the International Union for the Conservation of Nature and Natural Resources (IUCN) placed the polar bear on its list of threatened species. See IUCN Species Survival Commission, 2006 IUCN Red List of Threatened Species (IUCN, 2006), available at . In 2004, the ACIA predicted that polar bears may be extinct in 100 years. See ACIA, Impacts of a Warming Arctic, n. 20 above, at 58. See also H. Briggs, 'Polar Bear "extinct within 100 years"', BBC News World Edition (January 2003), available at . The IUCN Red List predicts a decline of 30% in the next 45 years.
42. R. Schubert et al., The Future Oceans - Warming Up, Rising High, Turning Sour(WGBU German Advisory Council on Global Change, 2006).
43. L. Hamilton, B. Brown and E. Rassmussen, 'West Greenland's Cod to Shrimp Transition: Local Dimensions of Climate Change', 56:3 Arctic (September 2003), 271.
44. A. Perry et al., 'Climate Change and Distribution Shifts in Marine Fishes', 308:5730 Science (24 June 2005), 1912; M. Inman, 'Fish Moved by Warming Waters', 308:5724 Science (13 May 2005), 937.
45. J.M. Grebmeier et al., 'A Major Ecosystem Shift in the Northern Bering Sea', 311:5766 Science(10 March 2006), 1461.
46. C. Krauss et al., 'As Polar Ice Turns to Waters, Dreams of Treasure Abound',New York Times(10 October 2005), available at .
47. T. Gjelsvik, 'The Mineral Resources of Antarctica: Progress in their Identification', in F. Orrego Vicuña (ed.), Antarctic Resources Policy - Scientific, Legal and Political Issues (Cambridge University Press, 1983), 61, at 63-64.
48. ACIA, Impacts of a Warming Arctic, n. 20 above, at 82-85. This does not mean there will be no ice at all, but rather that the passages will be navigable by vessels other than full icebreakers.
49. See, particularly, e.g., E. Franckx, Maritime Claims in the Arctic: Canadian and Russian Perspectives (Martinus Nijhoff, 1993); A.G. Oude Elferink, The Law of Maritime Boundary Delimitation: A Case Study of the Russian Federation (Martinus Nijhoff, 1994); A.G. Oude Elferink and D.R. Rothwell (eds), The Law of the Sea and Polar Maritime Delimitation and Jurisdiction (Martinus Nijhoff, 2001); D. Pharand, Canada's Arctic Waters in International Law (Cambridge University Press, 1988); A. Francioni and T. Scovazzi (eds),International Law for Antarctica (Kluwer Law International, 1996); C.C. Joyner, Antarctica and the Law of the Sea (Martinus Nijhoff, 1992); and A. Watts, International Law and the Antarctic Treaty System(Grotius, 1992).
50. See, e.g., C.C. Joyner, 'Ice-Covered Regions in International Law', 31:1 Natural Resources Journal(1991), 213; D.R. Rothwell, The Polar Regimes and the Development of International Law (Cambridge University Press, 1996), 263; D.R. Rothwell and S.B. Kaye, 'Southern Ocean Boundaries and Maritime Claims: Another Antarctic Challenge for the Law of the Sea?', 33:3/4 Ocean Development and International Law 2002), 359, at 363.
51. T. Scovazzi, 'The Baselines of the Territorial Sea: The Practice of Arctic States', in A.G. Oude Elferink and D.R. Rothwell, n. 49 above, at 69.
52. Inferred from Australia's CLCS submission, which seems to incorporate the various ice shelves and tongues. See also D.R. Rothwell, 'Antarctic Baselines: Flexing the Law for Ice-Covered Coastlines', in A.G. Oude Elferink and D.R. Rothwell, ibid., 50, at 59.
53. 'Ancient Ice Shelf Breaks Free in Arctic',MSNBC News Service (29 December 2006), available at .
54. See D.R. Rothwell and S.B. Kaye, n. 50 above, at 376.
55. See LOSC, n. 15 above, Articles 5 and 7.
56. For extensive discussion of these claims and counter-claims and history of Canadian and Russian assertions of jurisdiction over Arctic waters, see E. Franckx, n. 49 above; D. Pharand, n. 49 above, and D. Pharand, 'The Arctic Waters and the Northwest Passage: A Final Revisit', 38:1/ 2 Ocean Development and International Law (2007), 3.
57. G. MacNeil, 'The Northwest Passage: Sovereign Seaway or International Strait? A Reassessment of the Legal Status', 15 Dalhousie Journal of Legal Studies(2006), 204.
58. D.M. McRae and D.J. Goundrey, 'Environmental Jurisdiction in Arctic Waters: The Extent of Article 234', 16:2 University of British Columbia Law Review (1982), 197.
59. R. Huebert, 'Article 234 and Marine Pollution Jurisdiction in the Arctic', in A.G. Oude Elferink and D.R. Rothwell, n. 49 above, at 263.
60. See T. Scovazzi, n. 51 above, at 69-70.
61. For a summary and analysis, see A.G. Oude Elferink, 'Arctic Maritime Delimitations: The Preponderance of Similarities with Other Regions', in A.G. Oude Elferink and D.R. Rothwell, n. 49 above, at 179.
62. Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary (Washington, 1 June 1990).
63. Convention Ceding Alaska between Russia and the United States Washington, 30 March 1867).
64. See Note Verbale from the Secretary General of the United Nations on Receipt of the submission made by the Russian Federation to the Commission on the Limits of the Continental Shelf UN Doc. CLCS.01.2001.LOS (Continental Shelf Notification), 20 December 2001), available at . The text of the Russian Submission, which consisted of maps and lists of coordinates is available at . See also the Statement made by the Deputy Minister for Natural Resources of the Russian Federation during Presentation of the Submission made by the Russian Federation to the Commission on the Limits of the Continental Shelf, made on 28 March 2002 (UN Doc. CLCS/31, 5 April 2002), available at .
65. See A.G. Oude Elferink, n. 61 above, at 185-190.
66. Just east of the disputed area, the Russian Shtokman field is considered to be the world's largest offshore gas reserve. To the west of the zone, Norway's giant Orman Lange field will make Norway the world's second largest exporter of natural gas when it comes on line in 2007. See W. Underhill, 'The Arctic: Big Oil's Final Frontier', Newsweek International (5 December 2005), available at .
67. See, e.g., Anon, 'Fleeing Trawler in Russian Waters', BBC News Service (19 October 2005), available at Anon, 'Norwegian Fisheries Inspectors Going Home after a Russian Trawler Voyage',Pravda News Service 20 October 2005), available at ; N. Green, 'Growing International Tension over the Arctic', World Socialist Web Site (23 November 2005), available at .
68. Norway refers to the islands of Spitsbergen as 'Svalbard', which, under Norwegian law is now their official title. The western island of the archipelago retains the name of Spitsbergen.
69. Treaty Concerning the Archipelago of Spitsbergen (Paris, 9 February 1920).
70. Original parties to the treaty were the USA, UK (including in respect of its overseas dominions, Australia, Canada, India, New Zealand and South Africa), Denmark, France, Italy, Japan, the Netherlands, Sweden and Norway. These original parties have subsequently been joined by Afghanistan, Albania, Argentina, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Chile, China, Czech Republic, Dominican Republic, Egypt, Estonia, Finland, Germany, Greece, Hungary, Monaco, Poland, Portugal, Romania, Serbia, Slovak Republic, Slovenia, Spain, Switzerland, Russia and Venezuela.
71. 1973 Agreement between the Government of the Kingdom of Denmark and the Government of Canada relating to the Delimitation of the Continental Shelf Between Greenland and Canada (Ottawa, 17 December 1973).
72. See M. Carnaghan and A. Goody, Canadian Arctic Sovereignty, Canadian Library of Parliament, Political and Social Affairs Division (PRB05-61E, 26 January 2006), available at .
73. Convention between Great Britain and Russia concerning the Limits of their Respective Possessions on the North-West Coast of America and the Navigation of the Pacific Ocean (St Petersburg, 16 February 1825).
74. T. Koivurova, Environmental Impact Assessment in the Arctic: A Study of International Legal Norms (Ashgate, 2002), at 61.
75. P. Vigni, 'Antarctic Maritime Claims: "Frozen Sovereignty" and the Law of the Sea', in A.G. Oude Elferink and D.R. Rothwell, n. 49 above, at 85.
76. Ibid., at 95-97; see also S.B. Kaye, 'The Outer Continental Shelf in the Antarctic', in A.G. Oude Elferink and D.R. Rothwell, ibid., 125, at 135-136.
77. W. Fletcher, 'Australian Law in Antarctica and the Southern Ocean', in S. Bateman and D.R. Rothwell (eds), Southern Ocean Fishing: Policy Challenges for Australia (Centre for Maritime Policy - University of Wollongong, 1998), 67, at 69-70.
78. S.B. Kaye, 'Antarctic Maritime Delimitations', in A.G. Oude Elferink and D.R. Rothwell, n. 49 above, at 157.
79. See E. Franckx, n. 49 above, at 21; A.G. Oude Elferink, 'The Outer Continental Shelf in the Arctic: The Application of Article 76 of the LOS Convention in a Regional Context', in A.G. Oude Elferink and D.R. Rothwell, n. 49 above, at 139.
80. See n. 64, above.
81. Report of the Secretary-General on Oceans and the Law of the Sea (UN Doc A/57/57/Add.1, 8 October 2002), at paras 38-41.
82. See Note Verbale of the Secretary General of the United Nations on Receipt of the submission made by Norway to the Commission on the Limits of the Continental Shelf (UN Doc CLCS.07.2006.LOS (Continental Shelf Notification), 21 December 2006), available at . The Continental Shelf Submission of Norway in respect of areas in the Arctic Ocean, the Barents Sea and the Norwegian Sea, Executive Summary (21 December 2006), available at .
83. When made, these submissions will deal with all potential extended continental shelf areas claimed by each State, not just those located in the Arctic or the Arctic Ocean. For example, the Canadian submission will also cover its extended continental shelf in the Pacific and Atlantic Oceans.
84. See J.V. Gardner, L.A. Mayar and A. Armstrong, 'US Law of the Sea Mapping', 9:2 Hydro International (2005), available at .
85. B. Kunoy, 'The Rise of the Sun: Legal Arguments in Outer Continental Margin Delimitations', 53:2 Netherlands International Law Review (2006), 247.
86. See A.G. Oude Elferink, n. 79 above, at 148-149.
87. See Note Verbale from the Secretary General of the United Nations on Receipt of the submission made by Australia to the Commission on the Limits of the Continental Shelf (UN Doc. CLCS.03.2004.LOS (Continental Shelf Notification), 15 November 2004), available at . See also Continental Shelf Submission of Australia, Executive Summary (AUS-DOC-ES, 2004), available at . The responses submitted by other States are as follows: Note Verbale from the United States Mission to the United Nations, New York December 2004), available at Note Verbale from the Permanent Mission of the Russia Federation to the United Nations (File No. 739/n, 9 December 2004), available at Note Verbale from Secretary General of the United Nations communicating Note Verbale received from the Permanent Mission of Japan to the United Nations regarding Notification of submission made by Australia to the Commission on the Limits of the Continental Shelf (UN Doc. CLCS.03.2004.LOS/JPN, 19 January 2005), available at Note Verbale from the Permanent Mission of the Netherlands to the United Nations (File No NYV/2005/690, 31 March 2005), available at Note Verbale from the Permanent Mission of Germany to the United Nations (File No 88/2005, 5 April 2005), available at and Note Verbale from Secretary General of the United Nations communicating Note Verbale from the Permanent Mission of India to the United Nations regarding Notification of submission made by Australia to the Commission on the Limits of the Continental Shelf (UN Doc. CLCS.03.2004.LOS/IND, 5 July 2005), available .
88. See Decision regarding the date of commencement of the tenyear period for making submission to the Commission on the Limits of the Continental Shelf set out in article 4 of Annex II to the United Nations Convention on the Law of the Sea (UN Doc. SPLOS/72, 289 May 2001) in which it was decided that 'in the case of a State Party for which the Convention entered into force before 13 May 1999, it is understood that the ten-year time period referred to article 4 of Annex II to the Convention shall be taken to have commenced on 13 May 1999'.
89. A.G. Oude Elferink, 'Article 76 of the LOSC on the Definition the Continental Shelf: Questions Concerning its Interpretation from a Legal Perspective', 21:3 International Journal of Marine and Coastal Law (2006), 269, at 279.
90. See Note Verbale from the Permanent Mission of New Zealand to the United Nations accompanying its submission (File No NZ-CLCS-TPN-02, 19 April 2006), available at and New Zealand Submission to the Commission on the Limits of the Continental Shelf pursuant to article 76(8) of the United Nations Convention on the Law of the Sea (Government of New Zealand, 2006), Executive Summary, available at . See also A.G. Oude Elferink and C. Johnson, 'Outer Limits of the Continental Shelf and "Disputed Areas": State Practice concerning Article 76(10) of the LOS Convention', 21:4 International Journal of Marine and Coastal Law (2006), 461, at 481.
91. See D.R. Rothwell and S.B. Kaye, n. 50 above, at 368; and S.B. Kaye, 'The Outer Continental Shelf in the Antarctic', in A.G. Oude Elferink and D.R. Rothwell, n. 49 above, 125, at 129-131.
92. See Note from the Permanent Mission of Australia to the Secretary General of the UN accompanying its submission (File No 89/2004, 15 November 2004), available at .
93. See Antarctic Treaty, n. 5 above, Article XII.
94. See Protocol on Environmental Protection to the Antarctic Treaty, n. 18 above.
95. Ibid., Article 25(1).
96. Ibid., Article 25(2) provides for the calling of a review conference any time after the expiration of 50 years from the date of entry into force of the Protocol. The Protocol entered into force on 15 January 1998.
97. Ibid., Article 25(5).
98. See the statements by Senator Barnaby Joyce on ABC TV 'Australian Story: The Polariser' (1 May 2006), the transcript of which is available at .
99. A. Darby, 'All Eyes on the Last Wilderness', Sydney Morning Herald (17 July 2006), available .
100. M.W. Lodge, 'The International Seabed Authority and Article 82 of the UN Convention on the Law of the Sea', 21:3 International Journal of Marine and Coastal Lawi (2006), 323.
101. See D.R. Rothwell, n. 50 above, at 291.
102. Defined in Article 1 of the LOSC as 'that part of the sea-bed and ocean floor and subsoil therefore, beyond the limits of national jurisdiction'. The Area is governed by LOSC, Part XI and the 1994 Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea (New York, 29 July 1994).
103. See A.G. Oude Elferink, n. 79 above, at 150.
104. United States of America: Notification regarding the submission made by the Russian Federation to the Commission on the Limits of the Continental Shelf (UN Doc: CLCS.01.2001.LOS/USA, 18 March 2002).
105. See L. Migliorino, 'The New Law of the Sea and the Deep Seabed of the Antarctic Region', in F. Francioni and T. Scovazzi (eds), International Law for Antarctica (Kluwer, 1996), 395.
106. See E. Franckx, n. 49 above, at 240-243 and D.R. Rothwell, n. 50 above, at 289-290.
107. R. Huebert, 'Article 234 and Marie Pollution Jurisdiction in the Arctic', in A.G. Oude Elferink and D.R. Rothwell, n. 49 above, 249, at 261-262.
108. See C. Krauss et al., n. 46 above.
109. 'Opening up the Arctic', The Baltic Online (The Quarterly Journal of the Baltic Exchange, December 2006), available at .
110. E.J. Molenaar, 'Sea-Borne Tourism in Antarctica: Avenues for Further Intergovernmental Regulation', 20:2 International Journal of Marine and Coastal Law (2005), 247.
111. Guidelines for Ships Operating in Arctic Ice Covered Waters (MSC/ Circ.1056, MEPC/Circ. 399, 23 December 2002).
112. Ibid., para. P-2.6.
113. Ibid., para. P-2.8.
114. See Final Report of the Twenty-Third Antarctic Treaty Consultative Meeting, n. 6 above, paras 99-105 and Guidelines for Antarctic Shipping and Related Activities, Annex B to Final Report of the Twenty-Third Antarctic Treaty Consultative Meeting (Decision 2 (1999), 4 June 1999), available at .
115. Guidelines for Ships Operating in Arctic and Antarctic Ice-Covered Waters (Decision 4 (2004), 4 June 2004). See Final Report of the Twenty-Seventh Antarctic Treaty Consultative Meeting (Cape Town, South Africa, 23 May-4 June 2004), paras 126-139 and Annex B, available at .
116. D.R. Rothwell, 'Global Environmental Protection Instruments and the Polar Marine Environment', in D. Vidas (ed.), Protecting the Polar Marine Environment: Law and Policy for Pollution Prevention Cambridge University Press, 2000), 57.
117. International Convention for the Prevention of Pollution from Ships London, 2 November 1973), as amended by its Protocol (London, 1 June 1978).
118. Decision 8 (2005) on Use of Heavy Fuel Oil (HFO) in Antarctica, found in Report of the Twenty-Eighth Antarctic Consultative Meeting (Stockholm, 6-17 June 2005), at 367, and Resolution 3 (2006) on Ballast Water Exchange in the Antarctic Treaty Area, found in Report of the Twenty-Ninth Antarctic Consultative Meeting (Edinburgh, 12-23 June 2006), at 249. The reports are available at http://www.ats.aq/.
119. V. Smetacek and S. Nicol, 'Polar Ocean Ecosystems in a Changing World', 437:7057 Nature (15 September 2005), 362.
120. Established by the Convention on the Conservation of Antarctic Maine Living Resources, also commonly referred to by the acronym CCAMLR, see n. 8 above.
121. See, e.g., D. Miller, E. Sabourenkov and D. Ramm, 'Managing Antarctic Marine Living Resources: The CCAMLR Approach', 19:3 International Journal of Marine and Coastal Law (2004), 317; E.J. Molenaar, 'CCAMLR and Southern Ocean Fisheries', 16:3 International Journal of Marine and Coastal Law (2001), 465.
122. Established pursuant to Convention on Future Multilateral Cooperation in North-East Atlantic Fisheries (London, 18 November 1980). The NEAFC Convention Area north of 59o north latitude lies between 44o west longitude and 51o east longitude (Article 1).
123. Agreement between the Government of Iceland, the Government of Norway and the Government of the Russian Federation Concerning Certain Aspects of Co-operation in the Area of Fisheries (St Petersburg, 15 May 1999), English text reproduced in R.R. Churchill, 'The Barents Sea Loophole Agreement: A "Coastal State" Solution to a Straddling Stock Problem', 14:4 International Journal of Marine and Coastal Law (1999), 467, at 484. Although technically within the NEAFC Convention Area, NEAFC has not acted to regulate fisheries in this small high seas enclave, leaving the matter, instead, to be dealt with by the two coastal States involved, Russia and Norway.
124. Established pursuant to the Convention for the Conservation of Salmon in the North Atlantic (Reykjavik, 22 January 1982). The NASCO Convention applies to the salmon stocks that migrate beyond areas of fisheries jurisdiction of the coastal States of the Atlantic Ocean north of 36o north latitude throughout their migratory range (Article 1(1)).
125. Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (New York, 4 August 1995).
126. See LOSC, n. 15 above, Article 56.
127. Ibid., Article 246(3).
128. Ibid., Article 238.129
129. S. Arico and C. Salpin, Bioprospecting of Genetic Resources in the Deep Seabed: Scientific, Legal and Policy Aspects (United Nations University - Institute of Advanced Studies, 2005).
130. D. Lohan and S. Johnston, Bospecting in Antarctic Nations University - Institute of Advanced Studies, 2005), a134
131. D.K. Leary,International Law and the Genetic Resources of the Deep Sea (Martinus Nijhoff, 2007), at 73.
132. A.D. Hemmings and M. Rogan-Finnemore, 'The Issues Posed by Bioprospecting in Antarctica', in A.D. Hemmings and M. Rogan- Finnemore (eds), Antarctic Bioprospecting - Proceedings from the Bioprospecting in Antarctica Workshop (Gateway Antarctica, Centre for Antarctic Studies and Research at the University of Christchurch, 2005).
133. J. Mossop, 'Protecting Marine Biodiversity on the Continental Shelf Beyond 200 Nautical Miles', 38:3 Ocean Development and International Law (forthcoming). Pre-publication version on file with author.
134. Convention for the Protection of the Marine Environment of the North-East Atlantic (Paris, 22 September 1992).
135. OSPAR Commission Recommendation 2003/3 on a Network of Marine Protected Areas (27 June 2003). See also Summary Record of the Meeting of the OSPAR Commission, Bremen, 23-27 June 2003 (OSPAR 03/17/I - E, 27 June 2003), Annex 9. See also OSPAR Guidelines for the Identification and Selection of Marine Protected Areas in the OSPAR Maritime Area, Summary Report 2003 (Reference No 2003/17, 27 June 2003), Annex 10; and OSPAR Guidelines on the Management of Marine Protected Areas in the OSPAR Maritime Area as amended by the Biodiversity Committee (Reference No 2003/18, 17 March 2006). See Summary Record of the Meeting of the Biodiversity Committee, Trondheim, 13-17 March 2006 (BDC 06/10/I-E, 17 March 2006), para. 3.46.
136. Report of the Twenty-Fifth Annual Meeting of NEAFC, 13-17 November 2006 (NEAFC, 2006), Agenda item 8 at 95 and Annex M.
137. J. Roach, 'Hydrothermal Vents Found in Arctic Ocean', National Geographic News (23 January 2003), available at .
138. O. Young, Arctic Governance: Preparing for the Next Phase, paper commissioned by the Standing Committee of Parliamentarians of the Arctic Region and presented at the Arctic Parliamentary Conference, Tromsø, 11-13 August 2002 (Committee of Parliamentarians of the Arctic Region,June 2002), at 11, available at . L. Nowlan, Arctic Legal Regime for Environmental Protection IUCN, 2001) also proposed a new regional environmental protection treaty. This proposal was rejected; see T. Koivurova, n. 6 above, at 217-218; and also, D. VanderZwaag, R. Huebert and S. Ferrara, 'The Arctic Environmental Protection Strategy, Arctic Council and Multilateral Environmental Initiatives: Tinkering While the Arctic Marine Environment Totters', in A.G. Oude Elferink and D.R. Rothwell, n. 49 above, at 225.
139. See D. VanderZwaag et al., ibid., at 247.
140. See n. 9 above. The parties to the Polar Bear Agreement, Canada, Denmark, Norway, Russia and the USA recognize their special responsibilities' and 'special interests' in relation to the protection of polar bears and agree to take action to conserve and manage polar bears through a range of measures including a prohibition on their hunting, killing and capture except in certain specified circumstances (Preamble and Articles 1-3).