Arctic Governance

Dr. Marie Jacobsson
Legal Adviser on International Law to the Ministry for Foreign Affairs, Stockholm (Sweden)

Let me start by stating the obvious: the Arctic Region consists of land, water and air, and international law applies to this region as it does to any region in the world. States have sovereignty over their land and sea territory, as well as over their air space and coastal states have certain well defined sovereign rights in their exclusive economic zones and over their continental shelves as well as certain functional jurisdiction. There is no legal vacuum that is particular to the Arctic region.

Why then is it worth discussing the subject International Law and Scientific Research in the Arctic?

Basic assumptions:

1. The main part of the Arctic consists of international water (geographic aspect)
2. The population is a mixture of indigenous peoples and non-indigenous people (human rights, self-determination).
3. Mankind as a whole has a legal interest in the situation in the Arctic.
4. Parts of the region are inaccessible parts of the year due to harsh weather conditions.
5. Security aspects have always been prevalent in the region. They still are.
6. Economic interests are at stake.
7. Pollution in the Arctic is different from pollution of the Arctic.

Issues to be addressed:

1. Freedom of the high seas comprises freedom of scientific research.
2. Marine scientific research is one type of research.
3. The means and methods of conducting scientific research have changed since the adoption of UNCLOS.
4. There is a legal distinction to made between activities such as research, exploration, surveying.
5. Scientific research plays an increasingly important role in the implementation of legal principles such as the precautionary principle.
6. The Arctic region is subject both to regional and global regimes.
7. Challenges: Science as a tool for cooperation and confidence-building in the Arctic – legal aspects.