CYIL Vol. 5, 2014

WHAT IS THE LEGAL REGIME OF THE ARCTIC? The states lying in the Arctic region (apart from the above mentioned eight states, the European Union also shows great interest in the Arctic) realize the necessity of solution of the regime for different reasons. Especially, the seabed is rich in mineral resources; also important is the issue of sea transport in this region, and the issue of the protection of the environment of the Arctic, and also the living conditions of the native inhabitants of this region. What norms of international law apply for this region, and how should its regime be regulated. As it is in fact mostly sea it seems most logical in the Arctic to apply the norms of the international law of the sea . In May 2008 the Ilulissat Declaration 15 was concluded as a result of negotiation of five coastal states bordering on the Arctic Ocean – Canada, Denmark, Norway, the Russian Federation and the USA. Representatives of these five states met, being invited by the Danish Minister of Foreign Affairs and the Premier of Greenland in Ilulissat, Greenland. The Declaration speaks about the threshold of significant changes that the Arctic Ocean is standing at. Climate change and the melting of ice have a potential impact on vulnerable ecosystems, the livelihoods of local inhabitants and indigenous communities, and the potential exploitation of natural resources. The Declaration also mentions an extensive international legal framework which applies to the Arctic Ocean, as discussed between the representatives at the meeting in Oslo on 15 and 16 October 2007. As a consequence, the Declaration states that the law of the sea provides for important rights and obligations concerning the delineation of the outer limits of the continental shelf, the protection of the marine environment , including ice-covered areas, freedom of navigation, marine scientific research , and other uses of the sea. The states stress that they remain committed to this legal framework and to the orderly settlement of any possible overlapping claims. It can be concluded that under the extensive international legal framework are understood the norms of the international law of the sea . The states also conclude that this framework provides a solid foundation for responsible management by the five coastal States and other users of this Ocean through national implementation and application of relevant provisions. The Declaration also says that the coastal states see no need to develop a new comprehensive international legal regime to govern the Arctic Ocean. It also says that they will keep abreast of the developments in the Arctic Ocean and continue to implement appropriate measures.. The Ilulissat Declaration does not restrict itself to the relationship of the five coastal states of the Arctic Ocean but mentions cooperation with other interested parties . The Declaration explicitly states that the five coastal states currently cooperate closely in the Arctic Ocean with each other and with other interested parties. This cooperation includes the collection of scientific data concerning the continental shelf, the protection of the marine environment and other scientific 15 The text of the declaration can be found in: THE ILULISSAT DECLARATION, ARCTIC OCEAN CONFERENCE, ILULISSAT, GREENLAND, 27 – 29 MAY 2008, available at: www.arcticgovernance. org (accessed on 22 July 2013).

99