Current and Prospective Roles of the Arctic Council System within the Context of the Law of the Sea

in The International Journal of Marine and Coastal Law
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Abstract

This article examines the current and prospective roles of the Arctic Council System (ACS) within the context of the (international) law of the sea. Its first part focuses on the role of regional cooperation under the law of sea, with special attention to the way in which the pacta tertiis principle has shaped some regional regimes. The second part examines current features of the Arctic Council, including its mandate and main approaches, participation and institutional structure. The new concept of the ACS is offered to clarify the connection between the Arctic Council and the 2011 Agreement on Cooperation in Aeronautical and Maritime Search and Rescue in the Arctic and future legally binding instruments negotiated under the Council’s auspices, but not adopted by it. The article concludes with a synthesis of the current and prospective roles of the ACS under the law of the sea.

Current and Prospective Roles of the Arctic Council System within the Context of the Law of the Sea

in The International Journal of Marine and Coastal Law

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References

26

See R. Dopplick“Regional Oil Spill Preparedness and Response Agreements: Lessons for the Arctic”Oil Gas & Energy Law Intelligence Journal (forthcoming in November/December 2011); obtained from <www.ssrn.com> accessed 30 November 2011. See in particular Annexes A and B.

31

See also Dopplicksupra note 26.

47

OSPAR Doc. Summary Record OSPAR 2008OSPAR 08/24/1-E at Annex 6; www.ospar.org.

49

Cf. IMO Doc. COMSAR 5/INF.2 17 April 2000at pp. 6–7: www.imodocs.org.

70

Cf. Bloomsupra note 68 at p. 720.

72

Rule 7 of the Rules of Proceduresupra note 67. See the subsection on ‘Decision-making’ below.

76

Last updated in 2009available at <www.pame.is>.

80

ATCM Recommendation X-1 (1979) ‘Antarctic Mineral Resources’; available at <www.ats.aq> accessed 21 March 2012.

107

Cf. Graczyksupra note 94 at p. 605 n. 137.

112

Graczyksupra note 94 at p. 607 n. 150.

125

Last updated in 2009available at <www.pame.is>.

126

However according to Stokkesupra note 83 at p. 406 the normative force of these guidelines is “low”.

127

See in this regard E.J. Molenaar“Arctic Fisheries and International Law. Gaps and Options to Address Them”Carbon & Climate Law Review (forthcoming).

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