CYIL Vol. 5, 2014

JAN ONDŘEJ CYIL 5 ȍ2014Ȏ territorial claims in relation to it. This is true even in the above mentioned textbooks of Brownlie, Oppenheim, and Dixon. We can agree, however, with the opinion that not just the norms of the international law of the sea refer to the Arctic region . Apart from these norms, in view of the importance of the Arctic for the environment not only of this region but of the whole planet Earth, important rules from the area of international protection of the environment also apply. We can mention, for example, the Convention on Biological Diversity of 1992. Also the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter of 1972 can apply to the Arctic. The legal regime referring to climatic changes can also apply to the Arctic. 29 The United Nations Framework Convention on Climate Change of 1992 and the Kyoto Protocol to this convention of 1997 can be mentioned in particular. Referring to protection of the atmosphere three protocols to the Convention on Long-range Transboundary Air Pollution of 1979 explicitly mention the Arctic: The 1994 Oslo Protocol on Further Reduction of Sulphur Emissions, the 1998 Aarhus Protocol on Heavy Metals and the 1998 Aarhus Protocol on Persistent Organic Pollutants 30 . In the last mentioned protocol the preamble states the vulnerability of the Arctic ecosystem. It acknowledges that the Arctic ecosystems and especially its indigenous people, who subsist on Arctic fish and mammals, are particularly at risk because of the bio magnification of persistent organic pollutants. It is therefore necessary to resolve the issue of the indigenous population of the Arctic. Sources estimate that the Arctic area is inhabited by 4 million people, one third of whom are indigenous population. 31 We can generally agree with Winkler, 32 that there is no need to create a new legal regime as far as the Arctic Ocean is concerned (as the coastal states also conclude in the Ilulissat Declaration). The law of the sea and other relevant, already existing norms of the international law create a certain legal basis. However, this does not exclude the possibility of deepening and extending this legal regulation. The Ilulissat Declaration expressly anticipates that the five coastal states and other users of the Arctic Ocean will take appropriate measures through national and international implementation and application to keep abreast of the developments in the Arctic Ocean. 3. International law of the sea and the Arctic International law of the sea, namely the UN Convention on the Law of the Sea of 1982 created the legal framework of the regime of the Arctic, which can be carried out, supplemented and developed by other international treaties. The Ilulissat Declaration of 2008 explicitly mentions the issue of freedom of navigation, the 29 Wolfrum, R., op. cit. 30 The text of the Protocol is available in Czech as: Communication of the Ministry of Foreign Affairs no. 80/2010 Sb.m.s. 31 Commission of the European Communities, Communication from the Commision to the European Parliament and the Council – The European Union and the Arctic region, COM (2008) 763 final (20 November 2008). 32 Winkler, T. op.cit. , p. 643.

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