CYIL Vol. 5, 2014

WHAT IS THE LEGAL REGIME OF THE ARCTIC? and contain obligations which should be fulfilled. In the case of the Arctic Council these rather general documents containing recommendations of a proclamation character. Only a small proportion contains specific tasks. Some similarities can also be found inboth bodies. For example, in the establishment of a permanent secretariat, which was only created after some development. The activity of the Arctic Council approaches that for Antarctica because under its auspices the first two legally binding agreements were negotiated. In the case of Antarctica we directly speak of the Antarctic treaty system. The similarities of both regions also consist in the fact that both the Arctic Council and the Antarctic Treaty Consultative Meetings deal mainly with environment protection issues. Conclusion The basis for the legal regime in the Arctic are the provisions of the international law of the sea. The legal regime of the Arctic is also created by other rules of international law with general applicability. However, special treaties that deal with specific issues of the legal regime in the Arctic are being concluded. The considerable mineral resources (especially crude oil and gas, but also other minerals) which can be found under the melting Arctic glaciers, i.e. on the seabed and under it, have recently attracted the attention of many states. It can be summarized that the five coastal states of the Arctic Ocean (the Arctic) respect the regulations of the international law of the sea, especially those contained in the UN Convention on the Law of the Sea of 1982. On the basis of this convention, they raise claims to the continental shelf beyond the 200 nautical miles limit which would allow them exclusive exploitation of resources in their area of the continental shelf. The legal provision concerning the continental shelf contained in the UN Convention on the Law of the Sea apparently gives rise to many issues that are not satisfactorily and unambiguously regulated. The delineation of the continental shelf remains a matter of future development; especially agreements between the states involved will be necessary, or there might be a resolution of conflict within the framework of international law. Today international law is based on peaceful resolution of conflicts, so the use of force should not appear. The states demonstrate their serious interest in the Arctic and its resources also by military presence. Some sources claim that the presence of Russian bombers and surveillance and observation aircraft has recently (especially after 2007) increased in the Arctic. Also, for example, Norway and Canada have announced strengthening of their military presence in these areas. Canada, for instance, wants to establish a new army training centre and a harbour for military vessels in the Arctic area, and Norway arms its forces. 98 The military presence, however, according to the author, only emphasizes that the fight over mineral resources will be hard and that no state wants to be left out. There is

98 Světnička, L., Hrozí válka o Arktidu? Ruské letouny a lodě slídí u norského pobřeží. Idnes.cz from 10 December 2009. available at: http://zpravy.idnes.cz ( accessed on 2 August 2013).

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