PROTECTION AND PRESERVATION OF THE ARCTIC MARINE ENVIRONMENT

• Published in: The Italian Yearbook of International Law Online
• Main Author: Cinelli, Claudia
• Format: Article in Journal/Newspaper
• Language: unknown
• Published: Brill 2015
• Subjects: Arctic; Arctic Ocean
• Online Access: http://dx.doi.org/10.1163/22116133-90000078a; https://brill.com/view/journals/iyio/24/1/article-p159_11.xml; https://brill.com/downloadpdf/journals/iyio/24/1/article-p159_11.xml

Unique geographical and physical specificities characterize the Arctic as an extreme and fragile marine environment. Arctic specificities differ from those of any other environment in relation to which most general principles of international law have developed. International law is usually related to the regulation of the physical environment including the distinct issues of soil, water and the atmosphere rather than a combination of these components, as is the case in the ice-covered marine areas such as those composing most of the Arctic Ocean. From both historical and contemporary perspectives, the ‘Arctic question’ has typically been: does the presence of ice change the legal status of the Arctic Ocean? The answer is decidedly no. The so-called Arctic exception, relating to Article 234 UNCLOS, is clearly the exception that proves the rule. This study focuses on how both the sovereignty-based approach and the general interest approach each address the dynamic evolution of Arctic marine environmental challenges in line with UNCLOS, the “Constitution for the Oceans”. This, however, does not preclude the special conditions of the Arctic environment being factored in when Arctic and non-Arctic entities seek feasible ad hoc solutions for cooperation on common interests and concerns.