Warm Waters and Cold Shoulders: Jostling for Jurisdiction in Polar Oceans

9 Pages Posted: 14 May 2009

See all articles by Rosemary G. Rayfuse

Rosemary G. Rayfuse

University of New South Wales (UNSW) - Faculty of Law

Date Written: September 19, 2008

Abstract

In May 2008 the five Arctic coastal states adopted the Ilullisat Declaration in which they asserted their role as stewards, for the international community, of the Arctic Ocean ecosystem. This paper discusses the legal basis for their claim to stewardship with particular reference to the high seas portion of the central Arctic Ocean, and their assertion that no need exists for a new comprehensive legal regime in respect of those high seas waters. It is argued that while the high seas regime of the Arctic may be extensive, it is not comprehensive. Thus, the legitimacy of the claim to stewardship rests on the willingness and ability of the Arctic coastal states to work to fill the lacunae and address the shortcomings in the legal regime for the high seas of the central Arctic Ocean.

Keywords: Environmental Law, International Law

Suggested Citation

Rayfuse, Rosemary G., Warm Waters and Cold Shoulders: Jostling for Jurisdiction in Polar Oceans (September 19, 2008). UNSW Law Research Paper No. 2008-56, Available at SSRN: https://ssrn.com/abstract=1402390 or http://dx.doi.org/10.2139/ssrn.1402390

Rosemary G. Rayfuse (Contact Author)

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

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