Adding a Gakkel Ridge regime to the evolving Arctic Ocean governance complex
Four of the Arctic Ocean coastal states (Canada, Denmark/Greenland,
Norway, and Russia) have articulated claims to extended seabed
jurisdiction in the Arctic Ocean. The fifth coastal state, the United
States, is collecting data to document a similar claim. This will “leave
behind” an area of some 157,000 km2, encompassing a large
part of the Gakkel Ridge and the surrounding deep ocean seabed not
claimed by any state. This area will become part of “the Area” as
defined in Part XI of the UN Convention on the Law of the Sea and be
subject to the policies of the International Seabed Authority (ISA). The
Arctic Ocean coastal states acknowledge the legal framework of the law
of the sea, but they have asserted that they are in a “unique position”
to address “possibilities and challenges” relating to Arctic Ocean
developments in the Ilulissat Declaration (2008). They can be
expected to oppose initiatives on the part of non-Arctic states to
sponsor requests for permission to explore for or exploit minerals in
the area of the Gakkel Ridge without their consent. The result is a
classic tension between broad legal formulas and the political realities
of specific situations. We introduce the idea of dealing with this
tension by creating a specialized Gakkel Ridge Regime modeled after the
2018 Central Arctic Ocean Fisheries Agreement. Together with other
binding and non-binding agreements, such a regime can become an element
in the evolving Arctic Ocean governance complex.
Status: Completed
Type: Staff Publications
Author: Lars Kullerud & Oran R. Young
Year of publication: 2020
Publisher: Marine Policy
Read More