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The Climate Policy of the Arctic Council

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Climate Governance in the Arctic

Part of the book series: Environment & Policy ((ENPO,volume 50))

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Abstract

This chapter offers an overview of how Arctic-wide co-operation has developed from its early beginnings to the current Norwegian chaired Arctic Council. Since the Arctic Council is the only inter-governmental organisation managing Arctic issues, it is important to give the reader a sense of how the Arctic Environmental Protection Strategy (AEPS) was adopted in 1991, how the Arctic Council came into being in 1996, how the AC’s various working groups have undertaken their activities and how programmes and scientific assessments in the co-operation have progressed to date. This historical review of Arctic-wide co-operation will serve to introduce the reader to the co-operation process. The special focus of the chapter will be on how climate change policy has developed in this context. The final part of the chapter offers an evaluation of how Arctic wide co-operation has developed in general and especially how its climate policy has progressed.

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Notes

  1. 1.

    Gorbachev proposed that: a nuclear weapon-free zone be declared in northern Europe; naval activity be limited in the seas adjacent to northern Europe; peaceful cooperation be the basis for utilizing the resources of the Arctic; scientific study of the Arctic be given great significance for all mankind; the countries of the North cooperate in matters of environmental protection; and the Northern Sea Route be opened by the Soviet Union to ice-breaker escorted passage. For an analysis, see Rothwell (1996, pp. 229–231).

  2. 2.

    On the negotiation process see Rothwell (1996, pp. 229–242).

  3. 3.

    S. 9.1(vii): “By October 1991 each Country will identify to the others its national agency designated to coordinate the cooperation envisaged by this section.”

  4. 4.

    S. 10, para 5: “The Meetings on the Arctic Environment shall serve to: (i) identify and coordinate actions to implement and further develop the Arctic Environmental Protection Strategy; (ii) initiate cooperation in new fields relevant to the environmental protection of the Arctic; (iii) make necessary recommendations in order to protect the Arctic environment; (iv) improve existing environmental regimes relevant to the Arctic; and (v) assess and report on progress on actions agreed upon”.

  5. 5.

    S. 10, para. 4: “In order to facilitate the participation of Arctic indigenous peoples the following organizations will be invited as observers: the Inuit Circumpolar Conference, the Nordic Saami Council and the U.S.S.R. Association of Small Peoples of the North”.

  6. 6.

    S. 10, para. 3: “The decision to invite observers should be based on a pragmatic and functional evaluation of their involvement in and contribution to Arctic environmental questions”.

  7. 7.

    The Preamble of the Nuuk Declaration acknowledges the Rio Conference as follows: “Recognizing the importance of applying the results of the United Nations Conference on Environment and Development to the Arctic region.” For information on the Rio Conference and links to related documents, see International Institute for Sustainable Development (IISD) Two documents from the Rio Conference that are often referred to are the Rio Declaration (1992) and Agenda 21.

  8. 8.

    The idea of establishing the TFSDU was to reaffirm the commitment of ministers to sustainable development and sustainable use of renewable resources.

  9. 9.

    The AEPS Nuuk Report (1993, September 16) includes the statement made by the Minister for the Environment of Denmark in its Annex: “The Danish Government and the Greenland Home Rule Government have noticed the recommendations of the indigenous peoples’ organizations regarding a special program area within the AEPS to address all issues related to the participation of indigenous peoples…Government of Denmark, in cooperation with the Greenland Home Rule Government, is pleased to announce that we can support this recommendation not only verbally, but also by offering to establish a small Secretariat for this purpose in Denmark.” (Auken, 1993, Annex to the Nuuk Report, 1993).

  10. 10.

    Supra note 7.

  11. 11.

    See e.g., the Inuvik Declaration’s statement that “[w]e are fully committed to the earliest possible establishment of the Arctic Council” (Inuvik Declaration, art. 15).

  12. 12.

    The Inuvik Declaration states: “The SAAOs, with the assistance of the Permanent Participants, will also undertake to develop revised Terms of Reference for SDU [Task Force on Sustainable Development and Utilization] and an initial workplan for the Arctic Council’s sustainable development work, to be presented for discussion to the Arctic Council Senior Arctic Officials.” (Inuvik Declaration, art 6) Hence, the plans for the Arctic Council were clearly well advanced since the terms “Permanent Participant” and “Senior Arctic Officials” are used in the documents establishing the Arctic Council.

  13. 13.

    On the history of the negotiation process, see Scrivener (1999).

  14. 14.

    The SAAO Reported to the Ministers: “This is the final SAAO Report to Ministers before the integration of AEPS activities into the newly established Arctic Council, whose first meeting will take place in the fall of 1998”. See SAAO Report (1997, para. 4).

  15. 15.

    Art.1, para c reads: “The Article reads: “The Arctic Council is established as a high level forum to … c. adopt terms of reference for, and oversee and coordinate a sustainable development program.”

  16. 16.

    Art.1, para c reads: “The Article reads: “The Arctic Council is established as a high level forum to … c. adopt terms of reference for, and oversee and coordinate a sustainable development program.”

  17. 17.

    Article 2 of the Arctic Council Declaration enumerates the following as Permanent Participants: “The Inuit Circumpolar Conference, the Saami Council and the Association of Indigenous Minorities of the North, Siberia and the Far East of the Russian Federation.” As a result of the succession of Russia to the U.S.S.R., the former U.S.S.R.’s Association of Small Peoples of the North was changed to the Association of Indigenous Minorities of the North, Siberia, and the Far East of the Russian Federation, which has since changed and is now named the Russian Association of Indigenous Peoples of the North.

  18. 18.

    Art. 2, para. 2 reads: “Permanent participation is equally open to other Arctic organizations of indigenous peoples with majority Arctic indigenous constituency, representing: a. a single indigenous people resident in more than one Arctic State; or b. more than one Arctic indigenous people resident in a single Arctic state.” Decisions by the Arctic states on whether this criterion is fulfilled must be unanimous (Ibid., art. 7). Article 2 further states: “the number of Permanent Participants should at any time be less than the number of members.”

  19. 19.

    This is significant because organizations of indigenous peoples are often not given a voice in the decision-making procedures of international bodies.

  20. 20.

    The Rules of Procedure of the Arctic Council organizes the work in the Council in a detailed and systematic manner, a state of affairs, which was lacking in AEPS cooperation. The Rules cover topic areas as how to convene different types of meetings under the Council, the launching process for programs and projects, and the function of subordinate bodies.

  21. 21.

    Art. 1, para c reads: “The Arctic Council is established as a high level forum to…adopt terms of reference for, and oversee and coordinate a sustainable development program.” Article 6 of the Arctic Council Declaration requires: “The Arctic Council, as its first order of business, should adopt rules of procedure for its meetings and those of its working groups.”

  22. 22.

    Article 19 reads: “Take note that as the Arctic Council has evolved and taken over the structures established under AEPS, some overlap of functions has occurred among the new and existing institutional structures of the Council...” [emphasis in original].

  23. 23.

    The Ministerial Meeting also welcomed, in article 5, the UNEP’s global assessment of mercury and its international efforts to outline and consider policy options to counter this threat, and it agreed to intensify the Council’s efforts to achieve global cooperation on this issue. It also noted the Arctic Council project on mercury in this context (Protocols to the Convention, n.d.; Stockholm Convention, 2001).

  24. 24.

    This IPY is fourth of its kind, the most recent being organized fifty years ago (1957–1958). It is, of course, not a year, but years, and it is typically not the same as those named (2007–2008). The IPY will start in March 2007 and will end in March 2009, enabling summer field seasons in both poles. The purpose of the IPY is to stimulate cooperation and coordination of polar research and to increase the research’s visibility and awareness (International Polar Year website).

  25. 25.

    Project Support Instrument is a mechanism to enhance the process of financing for prioritized Arctic Council Projects. The Arctic Contaminants Action Program (ACAP) proposed to establish a trust fund to facilitate AC project financing. The aim of PSI is to ensure swift and timely response to the individual projects to overcome differences in budget years and schedules for release of money between Arctic states, permanent participants, observers and specific project financing competence. The PSI is a voluntary and non-exclusive mechanism, a financial arrangement that includes grants and revolving instruments within existing modus operandi of the AC. The Council appointed NEFCO as the fund manager. The PSI has progressed to some extent although some AC members are still hesitant in contributing to the process. See the Report of Senior Arctic Officials to Ministers at the Fourth Arctic Council Meeting (2004, pp. 10–12). See also Nordic Environmental Finance Corporation ([NEFCO], Agenda item 12.3), which prepared historical summary of PSI to the Meeting of Senior Arctic Officials in Svolvaer, Norway, 23–24 April 2008.

  26. 26.

    The Arctic Council is empowered, through its Rules of Procedure, to establish Working Groups/Task Forces (Rules of Procedure, 1998, Part IV) and programs and projects (Ibid., Part III, Annex I). Working groups and task forces are the more permanent bodies of the Arctic Council, whereas the programs and projects serve temporary functions and have a more varied structure of representation. If programs and projects evolve into more seemingly permanent bodies, a ministerial meeting may elevate their status to that of a working group or task force.

  27. 27.

    For a comparison of the two polar regimes, in particular their capacities in the field of environmental protection, see Koivurova (2005).

  28. 28.

    The information in State of the Arctic Environment Reports (SOAERs) is presented in a clear and understandable manner for non-scientific audiences such as the general public, decision-makers, environmental managers, and schools. Another type of AMAP report, Arctic Assessment Reports (AARs), being more technical as well as extensively referenced are known as scientific reports. Both SOAERs and AARs can be downloaded from the Arctic Monitoring and Assessment Programme (AMAP) website at amap.no.

  29. 29.

    Guidelines of Ships Operating in Arctic Ice-Covered Waters were adopted by IMO as recommendatory provisions. Canada was the leading country to prepare the Guidelines which should have afforded the Arctic Council some opportunity for close observation of the process See IMO MSC/Circ. 1056, MEPC/Circ. 399 (23 December 2002).

  30. 30.

    The Offshore Oil & Gas Guidelines are a revised form of the Guidelines as they were first adopted by the Alta meeting in 1997. The revision was based on comments from a variety of representatives, including Arctic governments, regional governments, non-governmental organizations, indigenous groups, industries, and members of the scientific community.

  31. 31.

    The Arctic Council, in its Barrow Declaration (2000, art. 10), endorsed the main conclusion of the analysis, namely: “the international Conventions and instruments currently in force, adopted or still under preparation appear to cover the present needs for Arctic cooperation in the field of prevention of, preparedness for and response to environmental emergencies on land or sea” (VanderZwaag, 2000, p. 265).

  32. 32.

    The idea of establishing the TFSDU was to reaffirm the commitment of ministers to sustainable development and sustainable use of renewable resources.

  33. 33.

    Topics include: the Future of Children and Youth in the Arctic, Survey of Living Conditions in the Arctic, Emerging Infectious Diseases, and Freshwater Fishery Management in the Barents Region For the complete list, see Arctic Council website at www.arctic-council.org.

  34. 34.

    As studied above, the priority areas were persistent organic contaminants, oil pollution, heavy metals, noise, radioactivity, and acidification.

  35. 35.

    S. 6 reads: “Two of the most significant threats to the present Arctic environment may come from climate change, induced by global warming, and the effects of stratospheric ozone depletion.” (AEPS, 1991).

  36. 36.

    S. 6 reads: “Programs to detect and determine the causes and effects of climate change and ozone depletion are to a large extent being developed by other international groupings and in other fora. It is important for AMAP to be aware of these programs and to develop links with them from an Arctic perspective in order to encourage and facilitate an Arctic component in climate programs. Data obtained for assessing climate change will provide important inputs to the AMAP dataset. In turn, AMAP data will be relevant to -climate change programs in the Arctic.”[sic].(Ibid.).

  37. 37.

    The Report of the Nuuk Ministerial Meeting includes: “Noting the existing global cooperation on climate change and stratospheric ozone programs, the Ministers requested AMAP to regularly review the integrated results of these programs with a view to identifying gaps in the scope of the monitoring and research under these fora and with a view to ensuring that specific issues related to the Arctic region are placed on the agenda of the appropriate international bodies.” (Arctic Council website at www.arctic-council.org/en/main/infopage/197 . Retrieved July 10, 2008).

  38. 38.

    The report was entitled ‘Arctic Pollution Issues: A State of the Arctic Environment Report’ and was presented to the fourth and final Ministerial Meeting of the AEPS (AMAP, 1997). This was developed into a more comprehensive ‘AMAP Assessment Report: Arctic Pollution Issues’ that was presented to the first ministerial of the Arctic Council in 1998 (AMAP, 1998).

  39. 39.

    Para. 9. It reads: “We endorse continuation of activities for monitoring, data collection, exchange of data on the impacts, and assessment of the effects of contaminants and their pathways, increased Ultraviolet-B (UV-B) radiation due to stratospheric ozone depletion, and climate change on Arctic ecosystems.” (Alta Declaration, 1997).

  40. 40.

    Para. 21. It comprises: “Welcome CAFF’s intention to prepare an overview on the status and trends in changes to ecosystems, habitats and species in the Arctic and to identify elements of a program to monitor circumpolar biological diversity and to assess, in collaboration with AMAP, the effects of climate change and UV-B radiation on Arctic ecosystems.” (Iqaluit Declaration, 1998).

  41. 41.

    The Council continued with additional activities relating to climate change other than the ACIA. The 2000 Barrow Ministerial Meeting endorsed the Arctic Council Action Plan to Eliminate Pollution of the Arctic (ACAP), a program that selected the depletion of ozone layer as one of its four priorities in the first phase – a problem very much connected to climate change (ACAP, 2001, p. 2). Ozone and climate change are indirectly linked because both ozone-depleting gases and substitute gases contribute to climate change (“Twenty Questions”, 2006, p. 40).

  42. 42.

    See generally ACIA (2005a).

  43. 43.

    The regions areas follows: sub-region I- East Greenland, Iceland, Norway, Sweden, Finland, Northwest Russia and adjacent seas; sub-region II- Siberia and adjacent seas; sub-region III- Chukotka, Alaska, Western Canadian Arctic and adjacent seas; sub-region IV- Central and Eastern Canadian Arctic, West Greenland, and adjacent seas.

  44. 44.

    The ACIA Scientific Report was published in 2005 and contains much information regarding climate change and of its impacts including future prediction with respect to both Arctic and global context (ACIA, 2005a). The SAOs expected in 2005 that the ACIA would influence the next Scientific Report of the IPCC to be published in 2007 (ACIA, 2005b).

  45. 45.

    For a good review of the ‘politics’ surrounding formulation of the ACIA Policy Document and its major shortcomings, such as its being declaratory in nature and short on specifics, see Watt-Cloutier, Fenge, & Crowley (2005).

  46. 46.

    During the same Reykjavik Ministerial Meeting the Council endorsed the Arctic Marine Strategic Plan (AMSP) which acknowledged the Arctic region as seriously vulnerable to the consequences of climate change; it has brought environmental, economic and socio-cultural changes in the region (PAME, 2004, pp. 3–4). The PAME organized a workshop to prepare the plan in October 2003. The purpose of the AMSP 2003 workshop was to provide a forum for exchanging information and ideas on drivers of change, trends in oceans management and possible circumpolar responses to Arctic oceans issues. Climate change was identified as a strong driver of the changes in the Arctic (Workshop Report, 2003, p. 4). According to the AMSP 2004 (PAME, 2004), climate change is one of the main two drivers (another is increasing economic activity ) responsible for those changes in the Arctic.

  47. 47.

    “Climate Change in the Arctic” reads: “Reconfirm their commitments to the Reykjavik Declaration and to the ACIA policy document, adopted at the AC meeting in 2004, and that the Member States will continue their active efforts to implement the recommendations on mitigation, adaptation, research, monitoring and outreach … Endorse the ongoing efforts of the SAOs and the Arctic Council working groups to implement activities, as appropriate, to follow-up the Arctic Climate Impact Assessment (ACIA) and the ACIA Policy Document, adopted by the Fourth Ministerial Meeting.” (Original emphasis) (Salekhard Declaration, 2006).

  48. 48.

    It states: “Request the SAOs and the Arctic Council working groups to continue supporting, analyzing and synthesizing Arctic climate research, including the gathering and compilation of indigenous and local knowledge of the effects of climate change, so that the exchange of expertise at the global level through the IPCC can better reflect unique Arctic conditions and that global decision-making can take Arctic needs into account.” (Original emphasis) (Ibid.)

  49. 49.

    It cites: “Request that the follow-up on the ACIA and the ACIA Policy document be based on the latest scientific findings and will be kept under review by the SAOs, who will report to the next Ministerial Meeting.” (Original emphasis) (Ibid.).

  50. 50.

    The AMAP has also established a Climate Expert Group, which is tasked to provide expert advice to the AMAP Working Group as it plans its future activities related to climate in the Arctic (Summary of Meeting, 2006).

  51. 51.

    Vulnerability and Adaptation to Climate Change in the Arctic (VACCA) is designed to provide a better understanding about the state of the Arctic in terms of climate change exposure. The first step is to arrange a survey by setting questionnaires relevant to the issue which can be described as preparation of a background document for a planned workshop of Arctic experts (Final Report, 2007, Section 9).

  52. 52.

    For example, the global Stockholm Convention on Persistent Organic Pollutants (2001) at the Preamble reads: “Acknowledging that the Arctic ecosystems and indigenous communities are particularly at risk because of the biomagnification of persistent organic pollutants and that contamination of their traditional foods is a public health issue” (e.g., see Reiersen, Wilson, & Kimstack, 2003).

  53. 53.

    A prime example of the Arctic cooperation’s limited influence on national incorporation of regional objectives is painfully shown by the Guidelines for Environmental Impact Assessment in the Arctic (AEPS, 1997), an instrument that was adopted at the 1997 Alta meeting and was meant to harmonize the way environmental impact assessment should be done in the Arctic – both nationally and in a transboundary context. Even though the Arctic states agreed to apply the EIA Guidelines in practice, the Alta Ministerial Meeting failed to establish any real follow-up mechanisms to oversee how the EIA Guidelines would, in effect, be implemented. Research conducted by the Northern Institute for Environmental and Minority Law (NIEM/Arctic Centre) on behalf of the Finnish Ministry for the Environment found that only a few of the Arctic stakeholders – environmental NGOs, indigenous peoples’ organizations, companies, and administrative agencies – even knew that the EIA Guidelines existed. The EIA Guidelines did not appear to have influenced any environmental impact assessment processes in the Arctic. The only follow-up was creation of the Arctic Environmental Impact Assessment (ARIA) website where information about EIA laws and procedures, responsible agencies, and so on, can be found. The ARIA website, which also contains the Guidelines for Environmental Impact Assessment in the Arctic (EIA Guidelines) is a very useful tool for researchers and those who are in general interested in EIA procedures, but it does not contain any connection to actual supervision of how the EIA Guidelines are applied and implemented in the Arctic (online: Arctic Centre http://arcticcentre.ulapland.fi/aria/>) (Koivurova, 2003, 2008b).

  54. 54.

    For a recent suggestion on how to revise the Council in mid-term perspective especially in view of the climate change impacts, see Koivurova (2008a).

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Koivurova, T., Hasanat, M.W. (2009). The Climate Policy of the Arctic Council. In: Koivurova, T., Keskitalo, E., Bankes, N. (eds) Climate Governance in the Arctic. Environment & Policy, vol 50. Springer, Dordrecht. https://doi.org/10.1007/978-1-4020-9542-9_3

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