The Law of the Sea and the Arctic Ocean

Rather than proposing new legal instruments for addressing the contemporary significant changes of the Arctic Ocean, both the 2008 Ilulissat Declaration and the 2010 Chelsea ministerial meeting reaffirm the five Arctic coastal States’ commitment to the Law of the Sea. Since then, several of them hav...

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Detalhes bibliográficos
Autor: Cinelli, Claudia
Formato: artículo
Estado:Versión publicada
Fecha de publicación:2011
País:España
Recursos:Universidad de Sevilla (US)
Repositorio:idUS. Depósito de Investigación de la Universidad de Sevilla
OAI Identifier:oai:idus.us.es:11441/108408
Acesso em linha:https://hdl.handle.net/11441/108408
Access Level:acceso abierto
Palavra-chave:Law of the Sea (UNCLOS)
Arctic Ocean
Sea-ice and Ice Islands
Trans-Arctic Passages
Arctic Outer Limits of the Continental Shelf
Arctic Maritime Zones beyond National Jurisdiction
Sub/Circumpolar Cooperation
Descrição
Resumo:Rather than proposing new legal instruments for addressing the contemporary significant changes of the Arctic Ocean, both the 2008 Ilulissat Declaration and the 2010 Chelsea ministerial meeting reaffirm the five Arctic coastal States’ commitment to the Law of the Sea. Since then, several of them have strengthened their presence in the Arctic in order to protect their particular interests. Priority seems to be given to a selective application of the international norms that ensure the coexistence of coastal States in the Arctic Ocean, as well as the cooperation between them for enabling said coexistence. A good example would be the signing of the Treaty of 15 September 2010 between Norway and Russian Federation concerning maritime delimitation and cooperation in the Barents Sea and the Arctic Ocean. However, the applicable law in the Arctic Ocean should be the comprehensive existing Law of the Sea frameworks, including any norms that do not rely on the geographic location of States, and that promote cooperation for protecting the general interests of the international community, particularly for the benefit of mankind as a whole. Without precluding work on further developing some of the existing frameworks, attention will be paid to the need for a teleological interpretation of the United Nations Convention on the Law of the Sea, in light of the new conditions or specificities of the Arctic Ocean.