CYIL Vol. 5, 2014

JAN ONDŘEJ CYIL 5 ȍ2014Ȏ which are natural components of the continental margin. 78 According to Wolfrum, 79 if the ridge is submarine elevation which constitutes a natural component of the continental margin, then the outer continental shelf of Russia, Canada etc. can exceed 350 nautical miles. That should be demonstrated to the Commission on the Limits of the Continental Shelf. Considering that the exact definition of submarine ridges and submarine elevations does not exist , it is a question of how to characterize the Lomonosov and Alpha-Mendeleev Ridges. We can agree with Heidar, 80 that the consequences of classification of these sea floor heights will be important. Provided the Lomonosov Ridge 81 is considered a continental shelf, then Canada and Denmark (through Greenland) can also make claim to its part, and the coastal states that are concerned should come to a delimitation agreement in accordance with Article 83 of On one hand, soft law 82 instruments were adopted in the field of environmental protection of the Arctic. This started with the Declaration on the Protection of the Arctic Environment (“Rovaniemi Declaration”) of 1991. The main objectives of the strategy 83 were preservation of environmental quality of the Arctic ecosystem and natural resources, accommodating environmental protection principles with the needs and traditions of Arctic Native peoples, monitoring environmental conditions, and reducing and eventually eliminating pollution in the Arctic Environment. This strategy was incorporated 84 into the activity of the Arctic Council created in 1996 (see below). Also the Ilulissat Declaration deals with protection of the environment of the Arctic Ocean. It says that the Arctic Ocean is a unique ecosystem, which the five coastal states have a stewardship role in protecting. Experience has shown how shipping disasters and subsequent pollution of the marine environment may cause irreversible disturbance of the ecological balance and major harm to the livelihoods of local inhabitants and indigenous communities. For this reason the five states will take steps in accordance with international law , both nationally and in cooperation among and with other interested parties, to ensure the protection and preservation of the fragile marine environment of the Arctic Ocean. They intend to work together, including through the International Maritime Organization, to strengthen existing measures and develop new measures to improve the safety of maritime navigation and prevent or reduce the risk of ship-based pollution in the Arctic Ocean. This part of the Declaration explicitly mentions the issues of the protection of the marine environment by stressing the ship accidents that could disturb the 78 Benitah, M., op. cit. the United Nations Convention on the Law of the Sea. 4. Protection of the environment in the Arctic

79 Wolfrum, R., op. cit. , p. 538. 80 Heidar, T. H., op. cit. , p. 638. 81 Posner, E. A. and Sykes, A., op. cit., p.586. 82 Wolfrum, R., op. cit. , p. 538.

83 Ibid. , p. 539. 84 Ibid. , p. 538.

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