CYIL Vol. 5, 2014

JAN ONDŘEJ CYIL 5 ȍ2014Ȏ These regulations can in general have importance for the protection of the environment of the Arctic. Considering the geographic situation, no ship can enter the Arctic Ocean without passing through the exclusive economic zone of one of the coastal states. Many other treaties in the area of international protection of the environment refer also to the Arctic in general (see above). Besides the abovementioned treaties, the protection of biological diversity is very important for the Arctic region. The basic legal framework in this area was set by the Convention on Biological Diversity 91 of 1992, which is applicable also for the Arctic. Also the International Convention for the Regulation of Whaling of 1946 is important for the protection of the biological equilibrium because of the presence of whales in this area. Even though the International Whaling Commission, established on the basis of the Convention, announced a global commercial whaling moratorium in 1986, some states continue whaling. They argue this is for scientific purposes, for example Japan. Concerning fishing, other international treaties apply in the Arctic. Especially important is the 1995 Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 1982 referring to conservation and management of highly migratory fish stocks. Concerning those special treaties related directly to the Arctic we can mention the Agreement on the Conservation of Polar Bears 92 of 1973 . The Agreement binds all five coastal states of the Arctic. It forbids “taking”, i.e . hunting, killing and capturing, of polar bears. The states allow the taking of polar bears when such taking is carried out for enumerated reasons: for bona fide scientific purposes; for conservation purposes; to prevent serious disturbance of the management of other living resources, taking by local people using traditional methods in the exercise of their traditional rights and in accordance with the laws of the state party, wherever polar bears have been subject to taking by traditional means by its nationals. During signing of the Agreement Canada added that by hunting by local people in the exercise of their traditional rights it also understands sport hunting undertaken to economically support local communities 93 . The Agreement also prohibits the exportation from, the importation, and traffic of polar bears or any part or product thereof. One of the problematic elements is considered to be the unsatisfactory definition of bona fide scientific research etc. , which allows arbitrary interpretation. The agreement also leaves a great deal of liberty for national regulation and, in one of its regulations, for the prohibition of hunting from aircraft and vessels where it is “prohibited, except where the application of such prohibition would be inconsistent with domestic laws”. 94

91 The text of the Convention on Biological Diversity is available in Czech as: Úmluva o biologické rozmanitosti, vyhl. č. 134/1999 Sb. 92 More detail on the Agreement in: Bílková, V., Lední medvědi a jejich ochrana ve vnitrostátním a mezinárodním právu. České právo životního prostředí, 2006, č. 2, pp. 39 et seq.

93 Ibid. , p. 40. 94 Ibid. , p. 41.

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