Legislative Fundamentals of Arctic Policies of Foreign States and of the European Union (Selected Provisions)

Paul Arthur Berkman⁵,
Alexander N. Vylegzhanin⁶ &
Oran R. Young⁷

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Abstract

WHEREAS Parliament recognizes that recent developments in relation to the exploitation of the natural resources of arctic areas, including the natural resources of the Canadian arctic, and the transportation of those resources to the markets of the world are of potentially great significance to international trade and commerce and to the economy of Canada in particular;

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Notes

1.
The Arctic Council brings together eight member states (Canada, Denmark, Finland, Iceland, Norway, Russia, Sweden and the United States) and six Arctic indigenous groups referred to as Permanent Participants.
2.
Black carbon (soot and methane), released by car engines and fires, can darken ice and snow, increasing their rate of melting.
3.
Formerly the Inuit Circumpolar Conference.
4.
There are six Arctic Council Permanent Participant organizations, of which three have significant membership in Canada. These are the Inuit Circumpolar Council, the Gwich’in Council International, and the Arctic Athabaskan Council.
5.
These policies and authorities include Freedom of Navigation (PDD/NSC-32), the U.S. Policy on Protecting the Ocean Environment (PDD/NSC-36), Maritime Security Policy (NSPD-41/HSPD-13), and the National Strategy for Maritime Security (NSMS).
6.
The DoD strategy uses a broad definition of the Arctic, codified in 15 U.S.C. 4111, that includes all U.S. and foreign territory north of the Arctic Circle and all U.S. territory north and west of the boundary formed by the Porcupine, Yukon, and Kuskokwim Rivers; and all contiguous seas, including the Arctic Ocean and the Beaufort, Bering, and Chukchi Seas, and the Aleutian islands chain.
7.
National Oceanic and Atmospheric Administration (NOAA) scientists in J.E. Overland and M. Wang (2013), When will the summer Arctic be nearly sea ice free?, Geophys. Res. Lett., 40, doi:10.1002/grl.50316.
8.
This strategy is nested under National Security Presidential Directive (NSPD) 66 / Homeland Security Presidential Directive (HSPD) 25, Arctic Region Policy, the 2013 National Strategy for the Arctic Region, and the 2012 Defense Strategic Guidance. It complements DoD’s Strategy for Homeland Defense and Defense Support of Civil Authorities (HD&DSCA).
9.
For additional information on the Navy’s historic involvement in the Arctic, see The Impact of Climate Change on Naval Operations in the Arctic (Center for Naval Analysis, 2009).
10.
The January 2009 National Security Presidential Directive (NSPD)-66, dual-titled as Homeland Security Presidential Directive (HSPD)-25, or NSPD-66/HSPD-25, established the policy of the United States with respect to the Arctic and outlined national security and homeland security interests in the region. Homeland security interests include preventing terrorist attacks and mitigating those criminal or hostile acts that could increase the United States’ vulnerability to terrorism in the Arctic. The Department has a role to play in responding not only to traditional (e.g., military) threats, but also to a range of other potential national security challenges (e.g., smuggling, criminal trafficking, and terrorism as the lead agency or in support of other government agencies).
11.
In the Ilulissat Declaration (May 28, 2008), all five Arctic Ocean coastal States (the United States, the Russian Federation, Canada, Norway, and Denmark on behalf of Greenland) committed themselves to the orderly settlement of overlapping territorial claims through the established framework of international law, as reflected in the U.N. Law of the Sea Convention (LOSC). The Declaration affirmed that the legal framework provided by the LOSC is sufficient for the management of the Arctic Ocean and that there is no need to develop a new comprehensive international legal regime to govern this Ocean.
12.
Per the 2013 National Strategy for the Arctic Region, U.S. security in the Arctic encompasses a broad spectrum of activities, including national defense.
13.
The Arctic Council’s charter states, “The Arctic Council should not deal with matters related to military security.” It could be argued that search and rescue is a (human) security interest, and oil spill response is an (environmental) security interest; thus, the Council has a demonstrated ability to address a range of “soft security” issues.
14.
Many of DoD’s ways align with what the National Strategy for the Arctic Region terms supporting objectives to its three lines of effort, but DoD’s strategy follows the classical “ways-ends-means” construction.
15.
This strategy identifies three timeframes to be used for implementation planning: the near-term (present day–2020); mid-term (2020–2030); and far-term (beyond 2030). These timeframes are approximate, due to uncertainty in climate change projections.
16.
As expressed by Commander, U.S. Pacific Command (USPACOM), Commander, U.S. Transportation Command (USTRANSCOM), and Commander, USNORTHCOM, in a May 2008 memorandum, the United States needs assured access to support U.S. national interests in the Arctic. Although this imperative could be met by regular U.S. Government ships in open water up to the marginal ice zone, only ice-capable ships provide an assured sovereign presence throughout the region and throughout the year. Assured access in areas of pack ice could also be met by other means, including submarines and aircraft.
17.
National Security Strategy, May 2010.
18.
Traditional knowledge refers to a body of evolving practical knowledge based on the observations and personal experience of indigenous communities over an extensive, multigenerational time period. (BOEM Ocean Science, Vol. 9, Issue 2, May/April/June 2012, page 4).
19.
“Arctic state” is defined as one of the eight nations making up the permanent membership of the Arctic Council and includes the following nations: Canada, Denmark (including Greenland and the Faroe Islands), Finland, Iceland, Norway, Russia, Sweden, and the United States.
20.
U.S. Geological Survey, “Circum-Arctic Resource Appraisal: Estimates of Undiscovered Oil and Gas North of the Arctic Circle,” fact sheet, 2008, http://pubs.usgs.gov/fs/2008/3049/fs2008-3049.pdf
21.
National Security Presidential Directive-66/Homeland Security Presidential Directive-25, January 2009.
22.
Much of this work is already underway, including efforts under Executive Order 12501 (Arctic Research), Executive Order 13547 (Stewardship of the Ocean, Our Coasts, and the Great Lakes), and Executive Order 13580 (Interagency Working Group on Coordination of Domestic Energy Development and Permitting in Alaska). Entities under these Executive Orders are developing partnerships with Federal, state, local, tribal, territorial, public and private sector partners to ensure that natural resource decisions in the Arctic integrate economic, environmental, and cultural interests of the Nation.
23.
See Executive Order 13175 – Consultation and Coordination with Indian Tribal Governments, November 2000.
24.
Alaska Federation of Natives (AFN) (1996) AFN Board Adopts Policy Guidelines for Research. AFN, Anchorage. Alaska Natives Knowledge Network. Policy adopted in 1993, http://ankn.uaf.edu/IKS/afnguide.html
25.
Nathaniel Bowditch, The American Practical Navigator (2002).
26.
State of Alaska, Department of Commerce, community summary for Diomede, 2002. www.commerce.state.ak.us/dca/commdb/CIS.cfm
27.
USGS Fact Sheet 2008-3049: Circum-Arctic Resource Appraisal: Estimates of Undiscovered Oil and Gas North of the Arctic Circle. http://pubs.usgs.gov/fs/2008/3049/
28.
Ibid.
29.
Department of Interior, “Estimated Undiscovered, Economically Recoverable Resources.” http://www.doi.gov/whatwedo/energy/ocs/upload/UERRmap-2012-2017-80-NoYear-Note.pdf
30.
D.L. Gautier, U.S. Geologic Survey, presented at US Coast Guard Academy Leadership for the Arctic Conference, 12 Apr. 2012. http://www.uscga.edu/WorkArea/DownloadAsset.aspx?id=2717
31.
Bureau of Ocean Energy Management. www.boem.gov/BOEM-Newsroom/Offshore-Stats-and-Facts/Alaska-Region/Alaska-Historical-LeasingInformation.aspx
32.
L. Lindholt in the Statistic Norway publication SA 84, “The Economy of the North,” Sept. 2006. www.ssb.no/english/subjects/00/00/30/sa_economy_north/sa84_en/
33.
“The Ilulissat Declaration,” Arctic Ocean Conference, Ilulissat, Greenland, May 27-29. 2008.
34.
IMO, “Protecting the Polar Regions from Shipping, Protecting Ships on Polar Waters.” www.imo.org/MEDIACENTRE/HOTTOPICS/POLAR/Pages/ default.aspx
35.
White House, National Security Presidential Directive 66/Homeland Security Presidential Directive 25 (NPS-66/HSPD-25), “Arctic Region Policy,” Jan. 9, 2009. www.fas.org/irp/off-docs/nspd/nsp-66.htm
36.
“National Security Strategy”, May 2010, The White House, Washington, DC, pg. 50.
37.
National Ocean Council, National Ocean Policy Implementation Plan. Apr. 2013. www.whitehouse.gov//site/default/files/national_ocean_policy_ip_appendix.pdf
38.
White House, National Strategy for the Arctic Region, May 10, 2013. http://www.whitehouse.gov/sites/default/files/docs/nat_arctic_strategy.pdf
39.
Reiss, Bob. “The Eskimo and The Oil Man: The Battle at the Top of the World for America’s Future,” Business Plus, 2012.
40.
Arctic Council Observers. www.arctic-council.org/index.php/en/about-us/partners-links
41.
UN Report: 2012 Arctic Ice Melt Larger Than Size of United States. www.usnews.com/news/articles/2012/11/28/un-report-2012-arctic-ice-meltlarger-than-size-of-united-states
42.
U.S. Global Climate Change Science Program 2008, Stewart et al. 2012.
43.
UN Report: 2012 Arctic Ice Melt Larger Than Size of United States. www.usnews.com/news/articles/2012/11/28/un-report-2012-arctic-ice-meltlarger-than-size-of-united-states
44.
“Drifting Sea Ice Halts Shell’s Arctic Drilling” by Lisa Demer, Anchorage Daily News, Sept. 10, 2012. www.adn.com/2012/09/10/2619205/shell-haltschukchi-sea-drilling.html
45.
http://alaskafisheries.noaa.gov/sustainablefisheries/arctic/
46.
“46 Vessels through the Northern Sea Route,” Barents Observer, Nov. 23, 2012. http://barentsobserver.com/en/arctic/2012/11/46-vessels-throughnorthern-sea-route-23-11
47.
Vessel Traffic Reporting Northern Canada Vessel Traffic Services Zone (NORDREG). www.ccg-gcc.gc.ca/eng/MCTS/Vtr_Arctic_Canada
48.
“The Marine Transportation System, or MTS, consists of waterways, ports, and intermodal landside connections that allow the various modes of transportation to move people and goods to, from, and on the water. More information can be found at: www.marad.dot.gov/ports_landing_page/marine_transportation_system/MTS.htm”
49.
www.dhs.gov/xlibrary/assets/HSPD_MDAPlan.pdf
50.
The Arctic nations are the standing members of the Arctic Council: Canada, Denmark (representing Greenland and the Faroe Islands), Finland, Iceland, Norway, Sweden, the Russian Federation, and the United States.
51.
The Arctic Ocean is generally taken to include Baffin Bay, Barents Sea, Beaufort Sea, Chukchi Sea, East Siberian Sea, Greenland Sea, Hudson Bay, Hudson Strait, Kara Sea, Laptev Sea, White Sea and other tributary bodies of water. It is connected to the Pacific Ocean by the Bering Strait and to the Atlantic Ocean through the Greenland Sea and Labrador Sea. Derived from the CIA World Factbook.
52.
The “Arctic Region” is defined as the area that encompasses all U.S. and foreign territory north of the Arctic Circle and all U.S. territory north and west of the boundary formed by the Porcupine, Yukon, and Kuskokwim Rivers, and all contiguous seas and straits north of and adjacent to the Arctic Circle. This definition is consistent with the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111) and Arctic Council usage.
53.
The Department of Defense defines the term “function” as: “The appropriate or assigned duties, responsibilities, missions, or tasks of an individual, office, or organization. As defined in the National Security Act of 1947, as amended, the term ‘function’ includes functions, powers, and duties (5 United States Code 171n (a)).” Source: Joint Publication 1-02, Department of Defense Dictionary of Military and Associated Terms, as amended through January 15, 2012.
54.
The United States National Strategy for the Arctic Region, May 2013.
55.
Multi-year ice is sea ice that has survived at least one melting season (i.e., one summer). Source: Sechrist, F.S.; Fett, R.W.; Perryman, D.C., “Forecasters Handbook for the Arctic,” Naval Environmental Prediction Research Facility Technical Report TR 89-1. 2 October 1989. Web. Oct. 17, 2013.
56.
Gibbs, W. “Russia and Norway Reach Accords on Barents Sea.” New York Times. 27 April, 2010. Web. Sept. 26, 2013.
57.
Kraska, J. “From Pariah to Partner: Russian-American Security Cooperation in the Arctic Ocean,” ILSA Journal of International & Comparative Law 16, no. 2 (2009), Web Oct. 3, 2013.
58.
Conley, H. “Arctic Economics in the 21st Century: The Benefits and Costs of Cold.” Center for Strategic and International Studies, July 2013.
59.
Budzik, P. “Arctic Oil and Natural Gas Potential.” U.S. Energy Information Administration. Office of Integrated Analysis and Forecasting Oil and Gas Division. October 2009.Web. Aug. 20. 2013.
60.
Ibid.
61.
Intelligence Community Assessment. “Military Implications of the Diminished Sea Ice in the Arctic Through 2030.” ICA 2012-50. July 11, 2012.
62.
U.S. Navy. “Navy Arctic Mission Analysis.” June 2011
63.
Intergovernmental Panel on Climate Change (IPCC), Climate Change 2007: Synthesis Report. pg. 30 Web. April 19, 2013.
64.
Open water is defined as up to 10% of sea ice concentration with no ice of land origin (e.g., icebergs), navigable by open ocean vessels without icebreaker escort. World Meteorological Organization Pub No. 259 Sea Ice Nomenclature.
65.
“ Shoulder season” is defined as less than 40% sea ice coverage. Task Force Climate Change (TFCC) convention.
66.
U.S. Geological Survey. “Circum-Arctic Resource Appraisal: Estimates of Undiscovered Oil and Gas North of the Arctic Circle.” USGS Fact Sheet 2008 and USGS Web. Aug. 15, 2013.
67.
Budzik, “Arctic Oil and Natural Gas Potential.”
68.
Carmel, S. M. “The Cold Hard Realities of Arctic Shipping.” Proceedings of the Naval Institute, Vol. 139/7/1,325. July 2013. Web. Aug. 20, 2013.
69.
Winter, A. “U.S. Bans Commercial Fishing in Warming Arctic.” Scientific American, 21 Aug. 2009. Web. Sept. 9, 2009.
70.
Office of Naval Intelligence. “Geostrategic Assessments for the Arctic: Civil Maritime Activity, National Interests, and Future Trends.” Briefing, July 2013.
71.
Perry, C. M. and B. Andersen. “New Strategic Dynamics in the Arctic Region.” Institute for Foreign Policy Analysis. Feb. 2012. Web. Oct. 8, 2013.
72.
Budzik, “Arctic Oil and Natural Gas Potential.”
73.
Office of Naval Intelligence. “Geostrategic Assessments.”
74.
Institute for Foreign Policy Analysis. “New Strategic Dynamics in the Arctic Region.” Feb 2012. Web. Sept. 20, 2013
75.
“Illulissat Declaration.” Arctic Report. Web. Nov. 18, 2013.
76.
U.S. Department of State. Fact Sheet. “Secretary Clinton Signs the Arctic Search and Rescue Agreement with Other Arctic Nations.” May 12, 2011. Web. Sept. 9, 2013.
77.
U.S. Department of State. Fact Sheet. “Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic” May 15, 2013. Web. Sept. 9, 2013. <http://www.state.gov/r/pa/prs/ps/2013/05/209406.htm>
78.
Office of Naval Intelligence. “Geostrategic Assessments.”
79.
Exercise NORTHERN EAGLE is a biennial, combined Russian-U.S.-Norwegian naval exercise series that began in 2004. It was last held in August 2012 in the Barents Sea.
80.
Operation NANOOK is the largest Canadian Armed Forces annual exercise in Canada’s North. Typically held in August, it includes multi-national participation.
81.
10 USC § 7921.
82.
Sea Control is the employment of naval forces, supported by land and air forces as appropriate, in order to achieve military objectives in vital sea areas.
83.
Power projection is the ability of a nation to apply all or some of its elements of national power – political, economic, informational, or military – to affect outcomes.
84.
ICEX is an international exercise held every two to three years by the Navy’s Arctic Submarine Lab (ASL), a Fleet Support Detachment of Commander, Submarine Forces U.S. Pacific Fleet. ASL is responsible for developing and maintaining expertise in Arctic-specific skills. Officially launched in 1994, SCICEX is a federal interagency collaboration among the operational Navy, research agencies, and the marine research community to episodically use nuclear-powered submarines for scientific studies of the Arctic Ocean.
85.
Office of Naval Intelligence. “Geostrategic Assessments.”
86.
US Geological Survey, 2000.
87.
Report No. 9 (1999–2000) to the Storting, Svalbard.
88.
The High North – Visions and strategies (Meld. St. 7 (2011–2012)) https://www.regjeringen.no/en/dokumenter/high_north_visions_strategies/id664906/
89.
Urban sustainability and rural strength (Meld. St. 18 (2016–2017)) https://www.regjeringen.no/en/dokumenter/meld.-st.-18-20162017/id2539348/
90.
Norway’s Arctic Policy, presented on November 10, 2014 https://www.regjeringen.no/en/dokumenter/nordkloden/id2076193/
91.
Growth from the North. How can Norway, Sweden and Finland achieve sustainable growth in the Scandinavian Arctic? http://site.uit.no/growthfromthenorth/files/2015/01/Growth-from-the-North-lowres-EN.pdf
92.
See Appendix 1: The decision to appoint the Arctic Working Group.
93.
Especially the Government Reports on Finnish security and defence policy, on climate and energy strategy, and on human rights policy. The strategy has also taken note of the report on international transport corridors in Northern Finland, the industrially-oriented Barents strategy for Northern Finland, the preliminary study on the Arctic Ocean connection (Arctic Ocean railway–Rovaniemi–Kirkenes) prepared by the Intermunicipal Authority for Regional Cooperation in Northern Lapland, and the Barents Regional Council’s work programme for 2009–2013. The strategy also has links with the work conducted by the working group on Russia’s northern regions, appointed by the Ministry of Employment and the Economy (April 16, 2010).
94.
The Arctic Region can be defined using various criteria, e.g., the Arctic Circle, the native territories of indigenous Arctic peoples, the tree line, permafrost, temperature or sea ice. According to the definition used in natural sciences, much of Finland’s surface area belongs to the subarctic climate zone.
95.
The Arctic Region has about four million inhabitants, of whom indigenous peoples account for about 10 per cent. See Appendix 2: Population concentrations in the Arctic Region.
96.
See Appendix 5: Regional issues.
97.
For instance, some migratory birds and whales are dependent on Arctic nature, even though their habitats extend beyond that region.
98.
E.g., reindeer husbandry, tourism, agriculture and forestry.
99.
See Appendix 6: Nuclear safety in the Barents Region.
100.
According to some estimates, investments in the Barents Region in the coming years will total as much as 100 billion euros, most of which will focus on the Murmansk region of Russia.
101.
See Appendix 7: Potential and known Arctic oil and gas deposits and mines.
102.
E.g., offshore industries, shipping industries, forest expertise, the mining industry, the metals industry, tourism, knowledge of traditional trades, low-temperature expertise, winter testing, measurement technology, power and heat generation and distribution, energy conservation and energy efficiency, Arctic wind power technology, Arctic building and infrastructure, environmental engineering and management of environmental impacts, sustainable social concepts, northern environmental expertise, northern health and well-being, waste management technology, information technology and public e-services, innovation-oriented development, cold climate research, bio- and nanosciences, risk analyses, oil spill prevention and response, and material engineering.
103.
See Appendix 9: Northern sea routes.
104.
For instance, the MARSUNO project, financed by the European Commission and implemented in 2010 and 2011, explores a surveillance system for international sea areas that would combine several sectoral authorities in various countries. The Russian authorities (at least the Border Guard Service) are about to join the project.
105.
For instance, the surveillance and reporting system “Gulf of Finland Reporting System,” designed together by Finland, Russia and Estonia, can serve as a model for Arctic sea areas.
106.
Finland served as one of the lead countries for the assessment.
107.
Negotiations aimed at a search and rescue instrument started within the Arctic Council in December 2009. The goal is to sign the instrument at the Ministerial Meeting of the Arctic Council on May 12, 2011.
108.
See Appendix 11: Arctic Council.
109.
The Arctic Contaminants Action Program (ACAP), the Arctic Monitoring and Assessment Programme (AMAP), Conservation of Arctic Flora and Fauna (CAFF), Emergency Prevention, Preparedness and Response (EPPR), Protection of the Arctic Marine Environment (PAME), and the Sustainable Development Working Group (SDWG).
110.
For example, the Arctic Climate Impact Assessment (ACIA) published in 2005, which forms the basis for evaluating the impact of climate change in the Arctic Region. Likewise, the Arctic Marine Shipping Assessment (AMSA) published in 2009 contains several recommendations on developing Arctic marine shipping.
111.
See Appendix 12: Barents Euro-Arctic Council.
112.
See Appendix 13: Nordic Council of Ministers. The Nordic Council of Ministers is an observer in the Arctic Council.
113.
Actions are implemented within the boundaries of the national economy, based on separate decisions made according to the appropriate procedures in each concrete case.
114.
See Appendix: Decision on updating Finland’s Arctic strategy and allocation of resources.
115.
http://www.kopijyva.fi/ejulkaisut/ulkoasiainministerio/arktinen_osaaminen/
116.
E.g. NEFCO, NIB, EBRD, IFC.
117.
Overview of the Finnish Mining Industry 2012, Ministry of Employment and the Economy Reports 23/2012.
118.
Security Strategy for Society (Government resolution 16 December 2010); The Government resolution on comprehensive security defines the concept of comprehensive security and specifies the responsibility of various branches of government (Government resolution on 5 December 2012).
119.
EPPR Emergency Prevention, Preparedness and Response
120.
Council of the Baltic Sea States, CBSS.
121.
PNT Polis och Tull i Norden, Nordic cooperation in crime prevention.
122.
BSTF the Task Force on Organised Crime in the Baltic Sea Region.
123.
The Team Finland network promotes Finland and its interests abroad: Finland’s external economic relations, the internationalisation of Finnish businesses, the country’s brand, and inward investments. The network aims to bring all key authorities and organisations under one umbrella, improve the efficiency of their cooperation, and provide customers with easy access to a wide range of services. http://team.finland.fi/public/default.aspx?culture=en-US&contentlan=2
124.
Estimated by the EU, respectively (Raw Materials Supply Group. EU 2010), U.S. (Minerals, Critical Minerals, and USE economy 2008) and UNEP (Critical Metals for Future Sustainable Technologies and their recycling potential; UNEP 2009), respectively.
125.
In the strategy, the region concerned is sometimes referred to as the Arctic region, sometimes as the Arctic and sometimes as the Arctic area. In describing the Nordic countries’ part of the Arctic (including in the context of regional cooperation with Russia), the term High North is sometimes used as well. The definition of the Arctic region is discussed in greater detail in Section 1.3.
126.
Iceland, which both has and claims rights in the Arctic Ocean north of the Arctic Circle, is striving to be recognised as an Arctic coastal state, something that is not recognised by Denmark/Greenland, Canada, Norway, Russia or the US.
127.
“The Ministers emphasized a strong community of values between Denmark, Finland, Iceland, Norway and Sweden. Efforts to promote democracy and international law, including human rights, gender equality and sustainable development, are integral parts of the foreign policy of the Nordic countries. On the basis of common interest and geographical proximity, it is natural for the Nordic countries to cooperate in meeting the challenges in the area of foreign and security policy in a spirit of solidarity. In this context, the Ministers discussed potential risks, inter alia, natural and man-made disasters, cyber and terrorist attacks. Should a Nordic country be affected, the others will, upon request from that country, assist with relevant means. The intensified Nordic cooperation will be undertaken fully in line with each country’s security and defense policy and complement existing European and Euro-Atlantic cooperation.”
128.
“Sweden will not remain passive if a disaster or attack were to befall another EU Member State or Nordic country. We expect these countries to act in a similar fashion should Sweden be under threat.” Government Bill 2008/09:140.
129.
The appendix to this report provides some key facts on the Arctic Council.
130.
The appendix provides additional key facts on the Northern Dimension.
131.
The appendix provides some key facts on the Barents Euro-Arctic Council.
132.
Substances with bioaccumulative properties accumulate in the tissue of organisms.
133.
European Incoherent SCATter scientific association.
134.
Examples of transnational Arctic initiatives that affect Sweden are the Bothnian Corridor, the Barents Link and the Northern Lights Route.
135.
United Nations Educational Scientific and Cultural Organization.
136.
The ice melting enhances the dramatic effects of climate change in the Arctic and, in particular, the acceleration of global temperature increase through lower albedo.
137.
Council Conclusions on Arctic Issues, 2985th Foreign Affairs Council Meeting, Brussels, December 8, 2009.
138.
P7_TA(2011)0024 of January 20, 2011.
139.
COM(2008) 763 of November 20. 2008.
140.
An overview of key activities and results are set out in the second part of this Communication, as well as the Staff Working Paper “Inventory of Activities in the framework of developing a European Union Arctic Policy.”
141.
COM(2010) 546 of October 6, 2010.
142.
COM(2011) 808 and accompanying proposals COM(2011) 809, COM(2011) 810, COM(2011) 811 and COM(2011) 812 of October 30, 2011.
143.
http://arctic-footprint.eu
144.
COM (2011) 25 of February 2, 2011
145.
The extensive overviews of the relevant instruments are contained in reports produced within the ‘Arctic TRANSFORM’ and ‘EU Arctic Footprint and Policy Assessment <http://arctic-footprint.eu/sites/default/files/AFPA_Final_Report.pdf>.
146.
COM(2011) 846, December 7, 2011.
147.
The Espoo Convention on Environmental Impact Assessment in a Transboundary Context is a United Nations Economic Commission for Europe (UNECE) Convention signed in Espoo, Finland in 1991 and entered into force in 1997.
148.
COM(2011) 112, March 8 2011.
149.
United Nations Framework Convention on Climate Change (COP 17 in Durban).
150.
http://arctic-footprint.eu
151.
https://webgate.ec.europa.eu/maritimeforum/content/1831
152.
http://www.northernperiphery.eu/en/projects/main/
153.
http://www.tillvaxtverket.se/huvudmeny/euprogram/programomraden/ovrenorrland and http://www.tillvaxtverket.se/huvudmeny/euprogram/programomraden/mellerstanorrland
154.
http://ec.europa.eu/regional_policy/atlas2007/finland/fi1a_en.htm?4
155.
http://www.kolarcticenpi.info/ourprojects
156.
http://www.kareliaenpi.eu/en
157.
COM(2011) 539 of September 7, 2011.
158.
Transit passage also being stated in the Council Conclusions.
159.
https://webgate.ec.europa.eu/maritimeforum/content/2396
160.
The Kingdom of Denmark consists of Denmark, Greenland and the Faroe Islands.
161.
Iceland and Norway are also associated countries in the EU’s Horizon 2020 Framework Programme for Research and Innovation.
162.
The Saami and the Inuit are the only nationally recognised indigenous peoples living partly on the territory of EU Member States. Greenland has a close relationship with the EU based on its status as one of the Overseas Countries and Territories associated with the EU.
163.
In particular, (COM/2008/0763 final), (JOIN(2012) 19 final) and (SWD(2012) 182 final) and (SWD(2012) 183 final).
164.
The Communication from the Commission “An EU Strategy on adaptation to climate change”, (COM(2013) 216 final), specifically refers to the Arctic’s particular vulnerability to the impacts of climate change.
165.
In line with the EU’s climate and energy framework for 2030 adopted by heads of state and government in the European Council of October 23 and 24, 2014 (EUCO 169/14).
166.
Report on ‘EU Arctic Footprint and Policy Assessment’, EcoLogic, Berlin, 2010 (http://arcticfootprint.eu/sites/default/files/AFPA_Final_Report.pdf).
167.
24% of the fish products imported by the EU in 2014 originated from Norway, i.e., 1.5 million tonnes for a value of 4.8 billion EUR. (Source: Eurostat/EUMOFA). A third of the EU’s oil imports and two thirds of gas stem from Norway and Russia (Source: Eurostat).
168.
A Strategic Vision for the North, Paavo Lipponen, May 2015.
169.
Three EU Member States (Finland, the Kingdom of Denmark and Sweden) are full members of the Arctic Council; seven EU Member States (France, Germany, Italy, the Netherlands, Poland, Spain, the United Kingdom) are observers to the Arctic Council.
170.
The Kingdom of Denmark, Finland, Germany, Italy, Poland, Sweden and the United Kingdom. The Netherlands, France and Spain are issuing Arctic or Polar policy papers in 2016. Non-EU countries that have issued an Arctic strategy or policy paper include Canada, Iceland, India, Japan, Norway, the Russian Federation and the United States of America.
171.
For example: http://climate.nasa.gov/vital-signs/arctic-sea-ice/
172.
For example, through decreased sea ice thickness and extent, less predictable weather, severe storms, sea level rise, changing seasonal melt/freeze-up of rivers and lakes, changes in snow type and timing, increasing shrub growth, permafrost thaw, and storm-related erosion, which, in turn, are causing severe loss of land in some regions, so that, in some coastal areas, entire communities have to be relocated.
173.
By the end of the 21st century, the area of permafrost near the surface could decrease by 37–81%.
174.
The Carnegie Group of G8 +5 Science Advisers established a Group of Senior Officials (GSO) on global research infrastructure to reach a common understanding on matters such as governance, funding and management of large-scale research infrastructure. The European Commission is a member of the GSO group.
175.
Sustaining Arctic Observing Networks: http://www.arcticobserving.org/
176.
https://www.earthobservations.org/index.php
177.
ESIF (2014–20) allocates 25% of its funds to support climate change objectives.
178.
These include the Convention for Biological Diversity, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, the Convention on Migratory Species and Wild Animals, the African Eurasian Waterbirds Agreement, the Bern Convention, the International Convention for the Regulation of Whaling, the Stockholm Convention on Persistent Organic Pollutants and the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR).
179.
See, for example, the AMAP 2009 Assessment: Human health in the Arctic, http://www.amap.no/documents/doc/amap-assessment-2009-human-health-in-the-arctic/98
180.
Particularly persistent organic pollutants, very persistent and very bioaccumulative substances, as well as persistent, bioaccumulative and toxic substances.
181.
Such as the Offshore Safety Directive (2013/30/EU).
182.
A 2008 assessment of the US Geological Survey estimated that the area north of the Arctic circle contains about 13% of the world’s undiscovered, technically recoverable oil resources and 30% of the world’s undiscovered natural gas resources.
183.
Greenland is not a member of the European Union. The long-standing relations with Greenland were confirmed by the signing of the Joint Declaration by the European Union, on the one hand, and the Government of Greenland and the Government of Denmark, on the other, on relations between the European Union and Greenland in 2015.
184.
In line with Article 102(1) of the EEA Agreement.
185.
For the 2014-2020 period, over EUR 1 billion has been allocated to investments in northern Finland and Sweden under the Investment for Jobs and Growth objective, which will be complemented by national public and private co-financing.
186.
http://ec.europa.eu/dgs/maritimeaffairs_fisheries/consultations/arctic-eu-funding/doc/results_en.pdf
187.
InnovFin consists of a series of financing tools and advisory services. It covers the entire value chain of research and innovation in order to support investments from the smallest to the largest enterprise. More information: http://www.eib.org/products/blending/innovfin/
188.
For instance, the automotive winter testing facility of the Arctic Arc project is already funded under Innovfin (http://spga.eu/).
189.
COM (2015)192 final.
190.
COM (2015)550 final.
191.
Under SEC-21-GM-2016-2017 of Horizon 2020: Pan European Networks of practitioners and other actors in the field of security.
192.
Council of the European Union (11205/14)
193.
‘The Arctic Council receives the application of the EU for observer status affirmatively, but defers a final decision on implementation until the concerns of Council members, addressed by the President of the European Commission in his letter of 8 May are resolved, with the understanding that the EU may observe Council proceedings until such time as the Council acts on the letter’s proposal.’
194.
Council Decision 2014/137/EU of March 14, 2014, on relations between the EU on the one hand, and Greenland and the Kingdom of Denmark on the other.
195.
Interreg IV A North, the Northern Periphery and Arctic programme and the Kolarctic Cross Border Cooperation programme for example.
196.
https://www.regjeringen.no/globalassets/departementene/ud/vedlegg/folkerett/declaration-on-arctic-fisheries-16-july-2015.pdf
197.
The EU, Canada and the US try to foster their cooperation concerning marine and Arctic research infrastructures. However, beyond these two partners, Horizon 2020 promotes the broadest transnational access to research infrastructures and supports an open data policy in order to improve political and economic links and maintain good relations with all countries in the region and those interested in Arctic research. More information on the Transatlantic Ocean (and Arctic) Research Alliance http://ec.europa.eu/research/iscp/index.cfm?lg=en&pg=transatlantic-alliance
198.
Commission Staff Working Document Marine Knowledge 2020: Roadmap accompanying the Document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Innovation in the Blue Economy realising the potential of our seas and oceans for jobs and growth (SWD/2014/0149 Final).

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Science Diplomacy Center, Fletcher School of Law and Diplomacy, Tufts University, Medford, MA, USA
Paul Arthur Berkman
Department of International Law, MGIMO University, Moscow, Russia
Alexander N. Vylegzhanin
Bren School of Environmental Science & Management, University of California Santa Barbara, Santa Barbara, CA, USA
Oran R. Young

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Paul Arthur Berkman
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Alexander N. Vylegzhanin
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Berkman, P.A., Vylegzhanin, A.N., Young, O.R. (2019). Legislative Fundamentals of Arctic Policies of Foreign States and of the European Union (Selected Provisions). In: Baseline of Russian Arctic Laws. Springer Polar Sciences. Springer, Cham. https://doi.org/10.1007/978-3-030-06262-0_4

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DOI: https://doi.org/10.1007/978-3-030-06262-0_4
Published: 31 March 2019
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