Political status of the Arctic

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Political Borders in the Arctic (2010)

The political status of the Arctic is still unclear today. There are no major territorial conflicts, but the states bordering the Arctic Ocean have different points of view on maritime issues, even if, with a few exceptions, all sea ​​borders in the Arctic have been legally regulated in agreements.

Question of ownership

Situation in the 20th century

In 1925 Canada became the first state to extend its borders north to the Pole. The claim to the marine sector between 60 ° –141 ° W was not recognized internationally (the shortest distance between Canadian territory and the North Pole is almost 770 km). Nevertheless, other states followed the Canadian example and each claimed certain sectors of the Arctic Ocean for themselves (analogous to the "division" of Antarctica ): Russia (35 ° E – 170 ° W), Norway (5 ° –35 ° E) and the USA ( 170 ° -141 ° W). After the USA recognized the sovereignty of Denmark over the whole of Greenland in 1916 and the Permanent International Court of Justice in 1933, Denmark was also able to claim the Arctic sector between 60 ° –10 ° W for itself.

On April 15, 1926, the area between 35 ° E and 170 ° W was determined by a resolution of the All-Russian Congress of Soviets as belonging to the Soviet Union . This corresponds to a triangle between Murmansk , the North Pole and the Chukchi Peninsula and thus a large part of the Arctic Ocean.

In the 1950s, in the context of the Cold War , the Canadian government sent Inuit families to the far north as part of a High Arctic Relocation , in part to establish territorial claims.

However, there was never a binding international decision regarding the affected area. The North Pole itself and most of the Arctic Ocean were viewed by most states as international waters until 1999 . At the end of the 20th century, the polar ice sheet began to melt faster (and above all faster than expected) due to global warming . The use of the otherwise perpetual ice- covered sea for commercial and scientific purposes seemed to be getting closer and closer. Some states took up their old claims again or worked out new proposals for the division of the polar region. The increasingly concrete indications of a possible impending global scarcity of raw materials led to an intensification of the work on corresponding projects: In 2007, ZEIT reported that up to 25% of global oil and gas reserves could be stored under the Arctic seabed. Tin , manganese , gold , nickel , lead , platinum and rough diamond deposits are also expected . The fish stocks in the Arctic are also of economic importance.

Claims according to UNCLOS in the 21st century

According to the United Nations Convention on the Law of the Sea ( UNCLOS ) of 1982, states with oceanic coasts have the right to exploit resources of the water column and the underlying continental shelf up to a distance of 200  nautical miles (~ 370  km ) from the base coastline . This area adjoining the territorial waters is referred to as an exclusive economic zone (EEZ) according to UNCLOS . This means that under the agreement, the six neighboring countries, Norway , Iceland , Denmark , Russia , the USA and Canada , are allowed to exercise limited sovereign rights in parts of the Arctic Ocean.

However, the North Pole and the area surrounding it are so far removed from the mainland that, under the current legal situation, they cannot be subject to the sovereignty of a state as the high seas . However, within ten years of ratification of UNCLOS , every state has the opportunity to demonstrate to the Commission for the Limitation of the Continental Shelf (CLCS), on the basis of scientific and technical data, that the continental shelf extends beyond the 200 nautical mile limit of the EEZ.

Due to this regulation, Russia (2001), Norway (2006), Canada (2013) and Denmark (2014) have applied for such an extension of their area. The Center for Borders Research at Durham University has compiled an overview of the various claims . Claims to an extended continental shelf give the applicant states the right to exploit the seabed and the raw material sources below the ground, but do not apply to the waters above (“water column”) and the air space above.

Russia

Russia ratified UNCLOS on March 12, 1997 and was thus able to lay claim to an extended continental shelf until 2007. On December 20, 2001, Russia officially applied to the Continental Shelf Limitation Commission to establish new external borders for the Russian continental shelf beyond the 200 nautical miles EEZ. The area claimed by Russia as a result, with an area of ​​around 1.2 million square kilometers, covers a large part of the Arctic, including the North Pole.

The request was justified, among other things, with the fact that both the Lomonosov and the Mendeleev ridges were submarine continuations of the Eurasian land mass . The application was rejected by the Commission; the technical and professional reasons for this remained confidential at Russia's request. In 2007 and 2008, research was carried out as part of Russia's contribution to the 4th International Polar Year . The expedition called Arktika 2007 investigated the structure and formation of the earth's crust in the Arctic near Eurasia, including through research on the Mendeleev, Lomonosov and Alpha ridges . After the expedition, the group of 50 Russian scientists came to the conclusion that at least the Lomonosov Ridge was connected to Russian territory, but this was questioned by other scientists. According to Russian scientists, up to ten billion tons of oil and gas could be stored under the seabed in the areas in question.

At the beginning of August 2007, two Russian Mir submarines dived to a depth of 4,261 meters below sea level and planted a Russian flag at the geographic North Pole . While the Canadian government was harshly criticized, the Danish government saw this only as a "meaningless gag for the media". The spokesman for the Danish Foreign Ministry, Peter Taksøe-Jensen , said: “We take it very calmly and with humor. For the legal enforcement of international law claims, this is of no importance. ”On May 3, 2007, President Putin gave a speech on the nuclear icebreaker 50 Let Pobedy , in which he urged greater efforts to defend“ strategic, economic, scientific and protective interests “Protecting Russia in the Arctic.

In August 2015, Russia submitted an updated application to the Continental Shelf Limitation Commission on the basis of interim research.

Canada

The Northwest Passage in North America

Canada ratified UNCLOS on November 7, 2003 and was thus able to lay claim to an extended continental shelf until 2013. On December 6, 2013 Canada initially submitted claims for an extended continental shelf starting south of Nova Scotia via the Newfoundland Bank to the Labrador Sea . In 2019, these were supplemented by comprehensive claims in the Arctic Ocean, including over a large part of the Lomonossow Ridge.

Denmark

Denmark ratified UNCLOS on November 16, 2004 and was therefore able to claim an extended continental shelf until 2014. On December 15, 2014, Denmark formally laid claim to an extended continental shelf north of the island of Greenland, which, according to Danish information, continues in the Lomonosov Ridge beyond the North Pole. The Danish research to support this claim began in the spring of 2006 with the LORITA-1 expedition . They were continued as part of the 4th International Polar Year 2007/2008 with the LOMROG expedition on board the Swedish icebreaker Oden and with the support of the Russian nuclear icebreaker 50 Let Pobedy . Further expeditions followed in 2009 with LOMROG II and 2012 with LOMROG III . Most of the expeditions were carried out in cooperation with Sweden and Canada.

Norway

Norway ratified UNCLOS on June 24, 1996 and was thus able to lay claim to an extended continental shelf until 2006. On November 27, 2006 Norway submitted an application to the continental shelf delimitation commission, which provided for deviations from the 200 nautical mile limit in three areas: the so-called "Loophole" in the Barents Sea , the western Nansen Basin north of Spitsbergen in Arctic Ocean and at the so-called "Banana Hole" in the European Arctic Ocean . On September 15, 2010, Norway reached an agreement with Russia on the disputed section of the Barents Sea ("Loophole").

Claims outside of UNCLOS

United States

For the US government, possible territorial gains through the neighboring status of the northernmost state of Alaska play a subordinate role, because the comparatively short coastline would give it only a small area in all proceedings. Rather, US Arctic policy focuses on the Northeast and Northwest Passages. In the opinion of the governments under Bill Clinton and George W. Bush, these waters should be internationalized as far as possible in order to allow the most unhindered navigation and further economic use. This met with opposition in Canada, Russia and the US Senate, which has been delaying ratification of UNCLOS since 1994. Following a resolution by the 116th American Congress , the USA is stepping up its military activities in the Arctic. Funds of 750 million US dollars (2019: approx. 681 million euros ) were made available for the 2019 budget , with which the construction of an icebreaker is to be financed. In addition, the Senate Committee on the Armed Forces added an amendment to the Pentagon's 2020 Budget Act ( NDAA ), which is intended to finance one or more military ports in the Arctic. The supremacy of the USA in the Arctic must be underlined in order to be able to push back the influence of Russia, but also that of China, said the American security advisor at the time, John Bolton .

European Union

The European Union has also started to define its own interests in the Arctic. She particularly points to the importance of merchant shipping in ice-free areas and hopes for "greater opportunities for the European Commission to participate in the work of the Arctic Council by granting the status of a permanent observer".

Territorial conflicts

Even after the Law of the Sea Convention was passed in 1983, various territorial conflicts between the neighboring countries persist.

Hans Island

The location of Hans Island on Nares Strait

The dispute between Canada and Denmark over Hans Island in Nares Strait has only been settled for the time being. In 1984, 1988, 1995 and 2003 Danish flags were hoisted on Hans Island. The Canadian government explicitly protested against these activities. Finally, in July 2005, the then Canadian Defense Minister Bill Graham visited the island unannounced during a trip through the Arctic. This sparked a new diplomatic dispute between the two governments, which was settled in September of the same year. Canada claimed the area because, according to maps that had been used in determining the coordinates of the islands, the entire island was on the Canadian side of the demarcation line. However, federal officials checked the last satellite images from July 2007 and admitted that the line runs roughly across the center of the island. Since then, the island's territorial status has been disputed. Claims to fishing grounds and future access to the Northwest Passage are also at stake. On May 23, 2018, Canada and Denmark announced the establishment of a joint working group to finalize the border between the two countries, including Hans Island.

Beaufortsee

The disputed area (bold hatched)

There is a dispute over a wedge-shaped piece of the border in the Beaufort Sea between the Canadian territory of Yukon and the US state of Alaska. According to Canada, the determination of the 141st  degree of longitude made in the Treaty of St. Petersburg (1825) encompasses both the land and sea borders. From the US point of view, however, this only applies to the land border, the sea border extends along a line that is equidistant from the coasts of both nations. The disputed area may contain large reserves of raw materials, the exploitation of which was not considered feasible in the medium to long term due to high costs and technological challenges. It was earmarked by the American Bureau of Ocean Energy Management (BOEM) for leasing for the search for oil and gas reserves and their marketing, which Canada viewed as a violation of its sovereignty. Earlier attempts to resolve this dispute have so far failed (as of 2016).

On August 20, 2009, US Secretary of Commerce Gary Locke announced a moratorium on fishing in the Beaufort Sea north of Alaska and the disputed waters. Canada lodged a diplomatic protest against this decision.

Northwest Passage

The legal status of the Northwest Passage for transarctic shipping is also controversial. Canada sees them as part of the Canadian Arctic Archipelago and thus as inland waters according to the Convention on the Law of the Sea. The United States and other seafaring nations consider the waters to be an international strait of the sea, which would allow foreign ships the right of passage. According to this understanding, Canada would have the right to adopt fisheries and environmental regulations, tax and anti-smuggling laws, but not the right to close the passage. Environmental regulations would also be less stringent if the Northwest Passage were not part of Canada's internal waters. The affected waters, including the Northwest Passage, are not very attractive for civil and military shipping due to the extensive glaciation over nine months of the year, but should global warming continue, the Northwest Passage would be up to 7,000 nautical miles for many ships represent a clear abbreviation compared to the journey via the toll-based Central American Panama Canal .

In July 2007, the Canadian government decided to build six to eight deep-sea patrol boats ( Harry DeWolf class ) to underline the territorial claims. Further plans were to build a deep sea - military port in Resolute Bay taken. Then Prime Minister Stephen Harper but moved away from his campaign promises, the Northwest Passage year-round by icebreakers the Navy to keep navigable.

Other political questions

In response to further unanswered questions concerning the political status of the Arctic, the Arctic Eight, the states with an area north of the Arctic Circle, founded the Arctic Council as a forum for intergovernmental cooperation. In addition to the political integration of the indigenous peoples of the Arctic Circle, environmental protection and sustainable development play a central role. Cooperation in the Arctic Council led to the conclusion of the agreement on search and rescue operations in the Arctic in May 2011, the agreement on emergency preparedness and security in the event of marine oil spills in 2013 and the agreement on improving scientific cooperation in the Arctic in 2017. In addition, the Barents Sea Euro-Arctic Council for Cooperation in the Barents Region has existed since 1993 .

In addition to questions of territorial and international law, environmental protection policy in particular remains a controversial topic. Canada has special environmental protection laws for its Arctic regions. There are largely no comparable laws for the other states. Also under discussion is a supplement to the Convention on the Law of the Sea to include provisions on environmental protection and fishing for international Arctic waters, which could then be monitored by the International Maritime Organization of the United Nations or the Arctic Council. Since 2015 efforts have been made to establish a moratorium on unregulated commercial fishing in international waters of the Arctic, which resulted in an agreement in 2018. This comes into force when all 10 signatories have ratified the agreement.

See also

literature

Individual evidence

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