UNCLOS and the Arctic: The Path of Least Resistance

• Main Authors: Jarashow, Mark, Runnels, Michael B., Svenson, Tait
• Format: Text
• Language: unknown
• Published: FLASH: The Fordham Law Archive of Scholarship and History 2006
• Subjects: International Law; Law; Arctic; Law of the Sea
• Online Access: https://ir.lawnet.fordham.edu/ilj/vol30/iss5/9; https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=2077&context=ilj

This Note discusses the territorial disputes in the Arctic, which are becoming increasingly contentious as a result of the Arctic melt, and the potential resolutions through the mechanisms of international law. Part I discusses the scientific consensus regarding the changing Arctic climate and the resulting conflicts that arise from increased interests in the region. Part II evaluates the varying legal paradigms that may be utilized in order to navigate through the competing claims. Part III argues that, given the uncertainties surrounding both the outcome of any potential International Court of Justice ("ICJ") decision and entering into an Arctic Treaty, universal adherence to the 1982 United Nations Convention on the Law of the Sea ("UNCLOS") is the most efficient mechanism to balance the interests of the signatory Arctic States.