Introduction

The Arctic is a polar region located at the northernmost part of the Earth. The Arctic consists of the Arctic Ocean and parts of Canada, Russia, the United States (Alaska), Denmark (Greenland), Norway, Sweden, Finland, and Iceland. The Arctic nations are all members of the Arctic Council, as are organizations representing six indigenous populations. The Council operates on consensus basis, mostly dealing with environmental treaties and not addressing boundary or resource disputes. Though Arctic policy priorities differ, every Arctic nation is concerned about sovereignty/security, resource development, shipping routes, and environmental protection (climate change). Much work remains on regulatory agreements regarding shipping, tourism, and resource development in Arctic waters. Scientific research in the Arctic has long been a collaborative international effort.

Unlike Antarctica, a continent surrounded by the Southern Ocean, the Arctic is an ocean surrounded by continents. For this reason, it is governed in large part by the law of the sea, a body of unwritten but nevertheless binding rules of customary international law which were codified into the 1982 United Nations Convention on the Law of the Sea. Territorial disputes are absent in the Arctic, but, there are several existing or potential disputes over maritime boundaries and possible international straits that will likely become more important due to climate change, rising prices for natural resources, and new security concerns. As the Arctic is in crisis, international law has an important role to play, now and in the future.

Antarctica is Earth's fifth-largest and southernmost continent. It is located in the Antarctic region of the southern hemisphere, almost entirely south of the Antarctic Circle, and is surrounded by the Southern Ocean. About 98% of Antarctica is covered by ice. It has no human population of its own, except for some permanent manned scientific research stations. Seven sovereign states have claimed sectors of land in Antarctica, but none of these claims have been recognized by other countries. In 1959 the Antarctic Treaty was signed in Washington to establish Antarctica as a region of peace and cooperation, and to deal with issues relating to claims of sovereignty. Its primary purpose is to ensure “in the interests of all mankind that Antarctica shall continue forever to be used exclusively for peaceful purposes and shall not become the scene or object of international discord”. The Treaty is at the core of a number of related agreements which, together with the measures taken under the Antarctic Treaty and related agreements are often called the Antarctic Treaty system.

This Research Guide is intended as a starting point for legal research on the Polar Regions. It provides the basic materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. Links to the PPL Catalogue are inserted. The Library's systematic classification → Polar regions in general and subject headings (keywords), Polar regions, Arctic, Antarctica and Antarctic Treaty (Washington, D.C., 1 December 1959) are instrumental for searching through the Catalogue. Special attention is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.

Bibliography

New titles

Librarian's choice

• Dodds, K. and M. Nutall, The Scramble for the Poles: the Geopolitics of the Arctic and Antarctic, Cambridge; Malden, Polity Press, 2016.

  

  In August 2007 a Russian flag was planted under the North Pole during a scientific expedition triggering speculation about a new scramble for resources beneath the thawing ice. But is there really a global grab for Polar territory and resources? Or are these activities vastly exaggerated? In this rich and wide-ranging book, Klaus Dodds and Mark Nuttall look behind the headlines and hyperbole to reveal a complex picture of the so-called scramble for the poles. Whilst anxieties over the potential for conflict and the destruction of what is often perceived as the world's last wildernesses have come to dominate Polar debates and are, to some extent, justified, their study also highlights longer historical and geographical patterns and processes of human activity in these remote territories. Over the past century, Polar landscapes have been probed, drilled, fished, tested on and dug up, as their indigenous populations have struggled to protect their rights and interests. No longer remote places, or themselves 'poles apart' from one another, the contemporary geopolitics of the Polar regions has lessons for us all as we confront a warming world where access to resources is a concern for states, big and small.

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• Abdel-Motaal, D., Antarctica: the Battle for the Seventh Continent, Santa Barbara, CA, Praeger, 2016.

  

  The Antarctic Treaty and related agreements—collectively known as the Antarctic Treaty System (ATS)—regulate the seventh continent, which is the only continent without a native human population. The main treaty within the ATS came into force in 1961 and suspended all territorial claims in Antarctica. The Antarctic Environmental Protocol followed in 1998 and prohibited any minerals exploitation in the continent. With this prohibition up for review in 2048, this book asks whether the Antarctic Treaty can continue to protect Antarctica. Doaa Abdel-Motaal—an expert on environmental issues who has traveled through the Arctic and Antarctic—explains that the international community must urgently turn its attention to examining how to divide up the thawing continent in a peaceful manner. She discusses why the Antarctic Treaty is unlikely to be an adequate measure in the face of international competition for invaluable resources in the 21st century. She argues that factors such as global warming, the growth in climate refugees that the world is about to witness, and the increasingly critical quest for energy resources will make the Antarctic continent a highly sought-after objective. Readers will come to appreciate that what has likely protected Antarctica so far was not the Antarctic Treaty but the continent's harsh climate and isolation. With Antarctica potentially becoming habitable only a few decades from now, revisiting the Antarctic Treaty in favor of an orderly division of the continent is likely to be the best plan for avoiding costly conflict.

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• Nordquist, M.H., Moore, J.N. and Long, R. (eds.) Challenges of the Changing Arctic: Continental Shelf, Navigation and Fisheries, Leiden, Brill, 2016.

  

  The law and policy for the Arctic are increasingly of international interest, largely due to the melting of the Arctic ice cap. Challenges of the Changing Arctic: Continental Shelf, Navigation, and Fisheries includes contributions from global specialists dealing with the geomorphologic context, maritime delimitation and specialized topics raised by promising oil and gas prospects, particularly in the extensive continental shelf presented by Russia to the Commission on the Limits of the Continental Shelf. Arctic shipping has entered a novel, untested phase with keen interest in the opening of ice free shipping lanes and proposed regulatory regimes. Fish in the North Atlantic are moving north disrupting historic fishing patterns as well as traditional fish stocks. Agreements on the allocation of shared fish stocks pose significant management challenges. Both littoral and non-littoral user nations are concerned with maritime security as well as search and rescue preparations given the anticipated increased use of the Arctic Ocean.

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• The Yearbook of Polar law, Volume 7, 2015

  

  Editors-in-Chief: Professor Gudmundur Alfredsson, University of Akureyri, Iceland and China University of Political Science and Law, Professor Timo Koivurova, Northern Institute for Environmental and Minority Law, Arctic Centre, University of Lapland, Finland.

  The Yearbook of Polar Law, based at the Faculty of Social Sciences and Law at the University of Akureyri in Iceland, covers a wide variety of topics relating to the Arctic and the Antarctic. These include:
  - human rights issues, such as autonomy and self-government vs self-determination, the rights of indigenous peoples to land and natural resources and cultural rights and cultural heritage, indigenous traditional knowledge
  - local and national governance issues
  - environmental law, climate change, security and environment implications of climate change, protected areas and species
  - regulatory, governance and management agreements and arrangements for marine environments, marine mammals, fisheries conservation and other biological/mineral/oil resources
  - law of the sea, the retreating sea ice, continental shelf claims
  - territorial claims and border disputes on both land and at sea
  - peace and security, dispute settlement
  - jurisdictional and other issues re the exploration, exploitation and shipping of oil, gas and minerals, bioprospecting
  - trade law, potential shipping lines through the northwest and northeast passages, maritime law and transportation law, and
  - the roles and actual involvement of international organizations in the Polar regions, such as the Arctic Council, the European Union, the International Whaling Commission, the Nordic Council, the North Atlantic Treaty Organization, and the United Nations, as well as NGOs.

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• Saul, B. and T. Stephens (eds.), Antarctica in International Law, Oxford, Hart Publishing Ltd, 2015.

  

  Antarctica, one of the world's last great wilderness areas, presents special challenges for international law. Fears that Antarctica would become a front in the Cold War had catalyzed agreement on the 1959 Antarctic Treaty, which neither legitimized nor challenged the existing sovereign claims to the continent. The unique Antarctic Treaty System has provided the foundation for peaceful, harmonious, and effective governance. There are, however, new anxieties about the frozen continent and the Southern Ocean. Antarctica is already experiencing the effects of climate change and ocean acidification. Claimant States are asserting rights to the Antarctic continental shelf, while interest in Antarctic resources grows. Tourism brings new environmental and safety risks. China and other powers are increasing their activities, with some questioning the consensus of the 'Antarctic club.' Security concerns are increasingly discussed, despite Antarctica's dedication to peaceful purposes. This book brings together the main primary international materials concerning the regulation and governance of Antarctica, including multilateral and bilateral treaties, UN materials, 'soft laws,' and judicial decisions. It covers the spectrum of Antarctic issues from environmental protection to scientific cooperation to tourism. As it shows, Antarctic law has constantly adapted to meet new challenges and is a sophisticated, inclusive, dynamic, and responsive regime.

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• Steinberg, P.E., J. Tasch and H. Gerhardt, Contesting the Arctic: Politics and Imaginaries in the Circumpolar North, London; New York, I.B. Tauris, 2015.

  

  As climate change makes the Arctic a region of key political interest, so questions of sovereignty are once more drawing international attention. The promise of new sources of mineral wealth and energy, and of new transportation routes, has seen countries expand their sovereignty claims. Increasingly, interested parties from both within and beyond the region, including states, indigenous groups, corporate organizations, and NGOs and are pursuing their visions for the Arctic. What form of political organization should prevail? Contesting the Arctic provides a map of potential governance options for the Arctic and addresses and evaluates the ways in which Arctic stakeholders throughout the region are seeking to pursue them.

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• Pincus, R. and S.H. Ali (eds.), Diplomacy on Ice: Energy and the Environment in the Arctic and Antarctic, New Haven, Yale University Press, 2015.

  

  As the race for resources in distant parts of the planet gathers momentum, most discussion has centered on the potential for conflict, environmental destruction, and upheaval from climate change. This important book shifts the conversation about the Arctic and Antarctic from conflict to cooperation. A multidisciplinary roster of experts provides fresh views of the polar regions, focusing on diplomacy and the potential for cooperative international decision-making. Collectively the contributors illustrate the breadth of issues that complicate governance in the Arctic and Antarctic, as well as parallels and differences between the politics of the two poles. Rebecca Pincus is Distinguished Visiting Professor of Maritime Policy at the United States Coast Guard Academy, and affiliated with the Academy’s new Center for Arctic Study and Policy. Saleem H. Ali is director and professor at the Center for Social Responsibility in Mining, Sustainable Minerals Institute, The University of Queensland, Australia.

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• Lalonde, S. and T.L. McDorman (eds.), International Law and Politics of the Arctic Ocean, Leiden; Boston, Brill Nijhoff, 2015.

  

  International Law and Politics of the Arctic Ocean: Essays in Honor of Donat Pharand is a collection of essays in honor of Professor emeritus Donat Pharand by leading Arctic experts from around the globe. The volume offers a clear, concise and detailed analysis of many of the issues an expanded use of the Arctic Ocean raises and of critical importance for the legal and political processes unfolding in the Arctic region. The book will be of value to graduate students, academics, research and teaching institutions, university libraries, government departments and international organizations interested in the Arctic region, the law of the sea, international law and politics.

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• Johnstone, R.L., Offshore Oil and Gas Development in the Arctic under International Law: Risk and Responsibility, Leiden; Boston, Brill, 2015.

  

  Offshore Oil and Gas Development in the Arctic under International Law explores the international legal framework for hydrocarbon development in the marine Arctic. It presents an assessment of the careful balance between States’ sovereign rights to their resources, their obligations to uphold the rights of Arctic inhabitants and their duty to prevent injury to other States. It examines the rights of indigenous and other Arctic populations, the precautionary approach, the environmental impact assessment and the duty to monitor offshore hydrocarbon activities. It also analyses the application of the international law of responsibility in the event that the State fails to meet its primary obligations in the absence of a State’s wrongful conduct.

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Database

Blogs

• The Impact of Offshore Oil Drilling in the Arctic

  In July 2015 the Obama administration has given Royal Dutch Shell PLC approval to begin with limited exploratory oil drilling off Alaska’s northwest coast, in the Chukchi Sea. The permits were granted despite the nationwide protest (where people in 13 states gathered for a “ShellNo” Day of Action) and protests by many environmental organizations such as Greenpeace, the Natural Resources Defense Council and Friends of the Earth. In this blog I will give a summary of the history of Arctic drilling and I will also discuss shortly the environmental concerns and technological and safety risks relating to offshore oil drilling in the Arctic.

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• Arctic Sovereignty: Icy Roads to the North Pole

  Canada, the US, Norway, Russia, and Denmark have been gathering scientific evidence for more than a decade in an effort to increase their continental shelf claims in the Arctic Ocean Region.The potential delimitation dispute between Canada, Russia and Denmark seems to focus on the Lomonosov Ridge. The North Pole is located about 400 nautical miles from the northernmost island of Canada, Denmark, Norway and the Russian Federation. Under international law coastal state rights over the water columns are limited to the 200 nautical mile Exclusive Economic Zone, using the state’s territorial sea baselines as starting point.

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• Hans Island : Crisis in the Arctic?

  Compared with other regions on the planet, the Arctic is warming faster. More of the Arctic is free of ice for longer periods. The possibilities for exploitation of natural resources and for control over Northern shipping lanes have prompted countries’ renewed interest in their competing claims to the region. Recently, Denmark (for Greenland) and Canada have clashed over their claims to a small, barren rock known as Hans Island.

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• Norway and Russian Federation Sign Maritime Delimitation Agreement

  In Murmansk on Wednesday 15th September 2010 Norway and the Russian Federation signed a treaty concerning the maritime delimitation and cooperation in the Barents Sea and the Arctic Ocean. The disputed territory covered 175,000 square km (67,600 sq miles), an area mainly in the Barents Sea between proven petroleum reserves on the Russian and Norwegian sides.

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• The International Politics of Whaling: Recent Developments

  Whales, large, mysterious, intelligent, and endangered. Has any mammal inspired such romantic images of the sea and love for nature as much as the whale, yet aroused such controversy in global environmental conservation? King of the Seas, symbol of the environmental movement, meat and oil for commercial whaling. Over the years, large-scale commercial whaling has depleted a number of whale populations to a significant extent, resulting in the International Whaling Commission (IWC) issuing a moratorium on whaling in 1986. Some recent developments will illustrate the highly controversial nature of whaling.

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• Arctic Council ratifies the Tromsø Declaration

  The Arctic Council meets at foreign minister level every second year, approving projects and guidelines. Due to the increased activity and interest in the Arctic, the Tromsø meeting decided that the Arctic Council from now on will meet at political level once a year. Denmark will take over the chairmanship of the Arctic Council from Norway.

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• Holiday on Ice?

  Tourism is an important source of income, prosperity and happiness for many people, but not everywhere. The increasing number of cruiseships, loaded with tourists, heading for Antarctica threatens the fragile ecosystem, habitat of many animals, in this region. Tourism to the frozen continent has increased nearly ten-fold in the last 15 years.

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Links

See also

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PPL keywords

• Antarctic Treaty
• Antarctica
• Arctic
• Arctic Council
• Arctic Ocean
• Polar regions

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