Governing the Arctic Ocean

The biophysical state change currently underway in the Arctic Ocean is opening up the region to new and intensified human activities. While the pace of development is not as rapid as many expected a few years ago, increased human activities are generating new needs for governance pertaining to the Arctic Ocean. The critical shortcomings of the existing arrangements applicable to this area arise from jurisdictional and sectoral fragmentation. A more effective governance system for the entire Arctic Ocean must rest on the constitutive foundation provided by the UN Convention on the Law of the Sea. The toolkit provided by the law of the sea includes at least four distinct though not mutually exclusive approaches: (i) the application of specific provisions of UNCLOS (e.g. Arts. 122 and 123) to address emerging needs for governance in the Arctic Ocean, (ii) the development of UNCLOS implementing agreements that are applicable to the Arctic Ocean, (iii) the use of measures adopted by UN specialized agencies (e.g. IMO, FAO), and (iv) the creation of subsidiary bodies, such as regional fisheries management organizations or regional seas arrangements, tailored to the circumstances of the Arctic Ocean. A critical review of these approaches reveals their strengths and weaknesses as mechanisms for meeting emerging needs for governance in the Arctic Ocean. The way forward is likely to feature the development of a multi-functional arrangement that applies to human activities in the entire Arctic Ocean and that allows for distinct categories of members possessing different rights and responsibilities.