The Future of International Institutional Arrangements in the Arctic: Foggy Horizons, Sea of Challenges

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1 The Future of International Institutional Arrangements in the Arctic: Foggy Horizons, Sea of Challenges Professor David L. VanderZwaag Canada Research Chair in Ocean Law and Governance Marine & Environmental Law Institute Dalhousie University Japan Canada U.S. Conference Series on Trilateral Cooperation JIIA Conference Room, Tokyo August 30-31, 2010

2 Introduction Present international institutional arrangements for Arctic governance might be described as largely a slushy seascape + Arctic Council founded on a non-legally binding Declaration Adopted in Ottawa in 1996 Eight Arctic States included as members Indigenous organizations (now six in number) elevated to Permanent Participants Six Working Groups established * Arctic Monitoring and Assessment Program (AMAP) * Emergency Prevention, Preparedness and Response (EPPR) * Conservation of Arctic Flora and Fauna (CAFF) * Protection of the Arctic Marine Environment (PAME) * Sustainable Development Working Group (SDWG) * Arctic Contaminants Action Program (ACAP) (Subsequent to the Declaration)

3 Rotating Secretariat among Arctic States (every two years) Ministerial meetings on a biennial basis Observer status open to * Non-Arctic States * Inter-governmental and inter-parliamentary organizations * Non-governmental organizations Substantial limitations in governance * Only a discussional and information sharing forum * Cannot address military and security issues * No powers to develop regional environmental standards, e.g., for oil and gas exploration / development + Sledding softly forward through non-regulatory initiatives (assessments, projects, plans, programs) of six Working Groups

4 Future Directions for International Institutional Arrangements Relating to Arctic Governance May Be Captured under Two Main Nautical Images 1. Foggy Horizons The international governance future might be characterized as foggy on a number of fronts: /foggy-day-with-big-things-comingup.html Hazy on how the Arctic Council might be restructured and strengthened Multiplicity of future governance proposals emanating from NGOs, academics and others Hesitancy by Arctic States to develop and embrace a clear future governance vision for areas beyond national jurisdiction in the Arctic

5 2. Sea of Challenges An array of governance challenges remain to be navigated, including: Getting a firmer grip on the international control of persistent organic pollutants (POPs) Implementing ecosystem-based ocean management in the Arctic Understanding and addressing Asian State impacts on and interests in the Arctic Completing negotiation of an effective global mercury agreement Ensuring high offshore oil and gas exploration/exploitation standards Resolving ocean boundary disputes and possible overlapping extended continental shelf claims Addressing climate change threats (adaptation and mitigation) Strengthening the governance of Arctic marine shipping Because of time, I will only quickly address three of the challenges( )!

6 1. Foggy Horizons Hazy on how the Arctic Council might be restructured and strengthened + While one of the priority issues for Norway during its chairship ( ) was Improving the Effectiveness and Efficiency of the Arctic Council, little in the way of clarity has emerged regarding future strengthenings Since April 2007, Enhancing the Effectiveness and Efficiency of the Arctic Council has been a standing item on the SAO agenda but discussions have largely narrowed to focus on two issues * Clarifying the role of observers in the Arctic Council and criteria of membership * Improving communications and outreach (a Contact Group has been established to come up with recommendations) Other issues seem to be taking a back seat at least for now * Permanent Secretariat? * Dedicated operational fund(s)? * Consolidation of Working Groups (e.g., AMPP/ACAP and PAME/EPPR)? * Addition of Working Groups (e.g., Climate Impact Adaptation)?

7 + The Tromsø Declaration (April 2009) welcomed the establishment of the Arctic Council Project Support Instrument (PSI) as a circumpolar funding mechanism but the PSI has major limitations Pledges for are only about 12 million Euros The Fund, to be managed by the Nordic Environment Finance Corporation (NEFCO), will be limited to funding projects relating to pollution prevention and abatement in the Arctic + Canada s recent Statement on Canada s Arctic Foreign Policy (August 20, 2010) continues the lack of specificity regarding Arctic Council reforms [T]he growing demands on the organization may require changes to make it more robust. Canada will work with other Arctic States to develop options, including with regard to the role of the Council, related secretariat functions, and funding issues.

8 Multiplicity of future governance proposals emanating from NGOs, academics and others A plethora of suggestions for enhancing Arctic Ocean governance has been offered, e.g. + Negotiating an Arctic regional seas framework agreement with various protocols (such as emergency response, land-based marine pollution, seabed activities, biodiversity conservation, integrated coastal planning) + Formalizing and strengthening the existing Arctic Council through a framework treaty + Specifically addressing governance of the high seas pocket in the central Arctic Ocean, e.g. Regional Fisheries Management Organization (RFMO) Regional Ocean Management Organization (ROMO) Multilateral agreement on MPA establishment Declaration of governance principles including a precautionary approach to new resource development Establishment of a moratorium on future living marine resource commercial activities through the annual UN Sustainable Fisheries Resolution Working through the IMO for special area designation status

9 Hesitancy by Arctic States to develop and embrace a clear future governance vision for areas beyond national jurisdiction in the Arctic

10 + No overall vision has been forged as to the desired policy future A commercialization future? A conservation future? + The five Arctic Coastal States appear to have embraced a Law of the Sea approach Ilulissat Declaration of May 2008 recognizes the Law of the Sea framework as a solid foundation for responsible management by the five coastal States and other users of this Ocean Pursuant to a Law of the Sea approach * Various freedoms open potentially to all States including freedom of navigation and freedom of shipping * Mineral exploration and exploitation of the deep seabed would come under the jurisdiction of the International Seabed Authority * Flag State jurisdiction would prevail as the prime principle for controlling activities * Various responsibilities would fall upon states to control activities of their vessels and nationals on the high seas including the duty > To conserve fish stocks > To cooperate with other states in seeking to manage fish stocks jointly exploited > Generally to protect and preserve the marine environment.

11 2. Sea of Challenges Getting a firmer grip on the international control of persistent organic pollutants (POPs) + The 2001 Stockholm Convention on Persistent Organic Pollutants (POPs) places controls (eliminations, phaseouts and restrictions) on just 21 POPs + AMAP s Arctic Pollution 2009 Report raises concerns over an additional 4300 organic chemicals that may have Arctic accumulation potentials

12 + A proactive precautionary approach seems essential to keep ahead of the rapid rate of potential chemical introductions On September 7, 2009 the Chemical Abstracts Service (CAS), a division of the American Chemical Society, announced the recording of the 50 millionth substance in the CAS Registry A novel substance is either isolated or synthesized about every 3 seconds + Given the slow scientific risk assessment approach to list new chemicals under the Stockholm Convention for controls, a new, more comprehensive and precautionary global agreement should be considered, for example Establishing a reverse listing approach where only chemicals proven to be safe would be listed on a global safe list Requiring toxicity testing by a certain date for existing chemicals or no data, no market

13 AMAP Assessment 2002: Persistent Organic Pollutants in the Arctic Chapter 2 Sources and Pathways

14 Implementing an ecosystem-based management approach in the Arctic + The need for an ecosystem-based management approach has been emphasized at the global, regional and national levels, e.g. WWSD Plan of Implementations (2002) encourages implementation of the ecosystem approach by 2010 (para. 30(d)) The Arctic Marine Strategic Plan of the PAME Working Group urges actions to support application of an ecosystem approach (s. 7.4) Canada s recent Statement on Arctic Foreign Policy pledges to promote an ecosystem-based management approach with Arctic neighbours

15 + However, regional efforts to implement EBM might be described as largely conceptual and in the early stages The PAME Working Group has taken some first steps * PAME has adopted a map of 17 Arctic LMEs which could be a vehicle for catalyzing future development of bilateral and sub-regional agreements and management arrangements

16 * PAME has established an LME Expert Group, recently renamed as the Group of Experts on Ecosystem-based Assessments and Management, to assist with putting the ecosystem approach into practice in ocean assessments and management * PAME has approved moving forward with two LME pilot projects > Beaufort Sea LME (US/Canada) > West Bering Sea LME (US/Russian Federation) The SDWG (together with PAME) has carried out a project on Best Practices in Ecosystem-based Ocean Management in the Arctic * A major report was published in April 2009 > Documenting efforts by Arctic States to implement an EBM approach > Providing an indigenous perspective > Shedding light on the limited application of EBM in a transboundary context Relatively few transboundary marine conservation agreements Non-existence of transboundary integrated planning

17 * A short document, Observed Best Practices in Ecosystem-based Oceans Management in the Arctic Countries, endorsed by Arctic Council Ministers in April 2009, flagged the need for > Developing transboundary arrangements for resolution and handling of transboundary ecosystems and issues > Establishing networks of protected areas + Two initiatives hold particular promise to further push EBM forward in the Arctic PAME has initiated an Arctic Ocean Review project having two phases * Information gathering on global and regional environmental protection measures ( ) * Analysis of effectiveness and impediments to integrated ocean management and a final report to Arctic Council Ministers in 2013 ( )

18 The IUCN and Natural Resources Defense Council (NRDC) are undertaking a cooperative project exploring ways of advancing EBM in the Arctic marine environment * A first workshop in June 2010 (Washington, D.C.), involving governmental, indigenous, industry, NGO and academic representatives, concluded the most logical and practical next step would be for the Arctic Council to develop an Arctic Marine Ecosystem-based Management Strategy > Could include institutional innovations such as a scientific advisory board and a multistakeholder advisory committee > Could encourage marine spatial planning at the bilateral and subregional levels > Could further encourage MPA network establishment > Could include a reporting mechanism on how countries are faring in EBM implementation * A second expert workshop will be held in November 2010 at the Scripps Institution of Oceanography where areas of ecological and biological significance in the Arctic marine environment will be identified and prioritized * A final workshop and report with recommendations is envisaged for 2011

19 Understanding and addressing Asian State impacts on and interests in the Arctic + This seems like a good workshop discussion topic + Just a few initial ideas to start the thinking in this room Accepting key Asian States as permanent observers in the Arctic Council Encouraging key Asian States to join relevant Arctic Council initiatives, such as, future AMAP scientific assessments and a new Arctic Council Marine EBM Strategy Establishing an Asian-Arctic Research Network involving interested academic and other institutions Convening an international workshop focusing on the topic of Understanding and Addressing Asian State impacts on and the interests in the Arctic.

20 Parting Thoughts! For nearly a decade the Arctic Council was able to cruise rather quietly and comfortably in its remote regional sea With melting ice, climate change threats and huge resource potentials, the Arctic has now become a centerpiece of global attention and the Arctic Council is being increasingly challenged and criticized Whether tinkerings with the Council s structure and operations will be sufficient to cope with the growing pressures remains to be seen One thing is certain, the Arctic Council has hardly left port in its quest to support good governance in the Arctic! pages/win_infra.html