On the Basis for Creation of a New Method of Defining International Jurisdiction in the Arctic Ocean

23 Pages Posted: 14 Jul 2016

See all articles by Barry Dubner

Barry Dubner

Barry University - Dwayne O. Andreas School of Law

Date Written: 2005

Abstract

Scientists have estimated that ice in the Arctic Ocean is melting at three percent a year, which will in the future allow for economic exploitation of a region that is almost unexplored. Even though this article focuses on the problems with the Arctic Ocean and environs, other articles show that climate changes, demonstrated by the retreating glaciers, have also affected Antarctica. By using "space based laser and radar imaging to map and monitor the movement of its ice sheets," scientists measure ice thickness. Aircraft measurements complement these large-scale studies in regions experiencing the greatest change. Satellite data suggest that the Pine Island Glacier, located in West Antarctica, is rapidly thinning. Unlike the western ice sheet, the East Antarctic ice sheet spreads over land primarily at or above sea level. As its environment changes, the western ice sheet, however, remains susceptible to an accelerated flow into the ocean.

While the changes in Antarctica are alarming, this article concentrates on the problems in the Arctic region and discusses possible solutions. The purpose of this article is to set forth the possibility of creating a new jurisdictional boundary called an "Arctic indicator." The boundary would encircle the Arctic Ocean, and, by utilizing the boundary (as will be explained later in this article), the Arctic could maintain its pristine nature and possibly limit mineral development to zero or to a sustainable yield that would take into account the environmental/humanitarian problems. The problems of the Arctic are contained both in the ocean itself as well as the surrounding areas. It will first be necessary to define the geographic region known as the Arctic, separating the Ocean from the environs. Next, the article will discuss the applicable law of the sea measures in the latest treaties involving ocean law. In other words, it will be necessary to set forth and describe what a continental shelf actually is in terms of the 1982 Law of the Sea Treaty and compare the treaty terminology to that of a geological continental shelf. To accomplish this end, it will be necessary to review various articles written on the subject with the view of presenting the problems, as various scholars see them (e.g., in terms of how indigenous people are affected by what is going on in the Arctic Ocean and its environs as well as other data concerning human rights and environmental hazards).

Keywords: Arctic Ocean, Convention on the Law of the Sea, UNCLOS, Law of the Sea Convention, Continental Shelf, Greenland, Denmark, Lomonosov Ridge, Underwater Mountain, Canada, Russia, Indigenous People, Eskimos, Environmental Hazards, Human Rights, Environmental Disaster, Climate Change, Glacier, Antarctica

Suggested Citation

Dubner, Barry, On the Basis for Creation of a New Method of Defining International Jurisdiction in the Arctic Ocean (2005). Missouri Environmental Law and Policy Review (MELPR), Vol. 13, No. 1, 2005, Available at SSRN: https://ssrn.com/abstract=2809416

Barry Dubner (Contact Author)

Barry University - Dwayne O. Andreas School of Law ( email )

6441 East Colonial Drive
Orlando, FL 32807
United States

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