Arctic Sovereignty Kyle Tymoszewicz Mr. Ruttan Integrated Independent Study - Issue Based May 10, 2013 Preface ! The purpose of this report is to educate the reader about the territorial disputes between northernmost countries in the Arctic Circle. The lands and waters in the Arctic Circle are considered to be of significant value to those countries that claim possession of them, due to the size of the areas in dispute, their geographical position and the potential extraction of valuable resources from the seabed that lies far below. The issue that engulfs these waters and lands in the northern area of the world, known as the circumpolar region, is the issue of Arctic sovereignty. The issue of sovereignty over the circumpolar region is due to the geographical situation of countries such as Canada, Denmark (through Greenland), Norway, Russia and the United States. Each of the aforementioned countries has staked a claim for land or waters in the circumpolar region, which has created an issue with regard to territorial borders and boundaries, as well as sovereignty over the land. ! Over the course of history, the word sovereignty has been interpreted in many ways, to include aspects of authority, power, independence and control. Despite the varying definitions of the word, the definition of sovereignty appears to have a central theme, a theme of “supreme authority within a territory”, as defined by the Stanford Encyclopedia of Philosophy (2010). Using the aforementioned definition, it is to be inferred that if a country has sovereignty over a territory, complete control over the use of that land, for any intent or purpose, is afforded to that country. 2 ! Given the value of the lands and waters in the circumpolar region, it is easy to understand the proximal countries’ desire to obtain formal sovereignty over the region. To obtain dominion over a portion of the circumpolar region, a country must submit legal documentation to the Commission on the Limits of the Continental Shelf with proof that the land it is attempting to claim is an extension of the country’s continental shelf. If the continental shelf is claimed to be longer that 200 nautical miles away from the established borders of the applying country, an application can be made, (Foreign Affairs and International Trade Canada, 2012). Up to this point, all countries with land in the circumpolar region have actively participated in the gathering of data to provide evidence to support their claims of circumpolar territory. ! Due to the geographical location of the circumpolar region, there are distinctive advantages to possessing large plots of circumpolar land. These advantages include, but are not limited to: potential control over previously deemed international straits; access to hydrocarbons in the form of fossil fuels such as natural gas and oil; access to diverse fishing locations scattered throughout the circumpolar regions; closer proximity to other developed countries; possible advantages during times of war and a stronger voice in the development of environmental practices and laws in the circumpolar region. Having sovereignty over sections of the circumpolar region offers tremendous advantage to proximal countries and therefore, they attempt to capitalize on the shaping of the Arctic lands and waters. 3 Summary of Research Methods ! This report contains a study of the international laws as determined by the United Nations in the United Nations Convention on the Law of the Sea. Along with the international laws studied are encyclopedias, newspaper articles and documentaries. An extensive list of sources are linked to Canadian government websites, particularly those sites which pertain to Canada’s role in the issue of polar sovereignty and the initiatives and actions Canada is taking, as this information pertains directly to the Connections to Canada section. To further illuminate the Canadian viewpoint, websites of the Parliament of Canada have also been researched. By examining multiple sources of literature on the subject, the issue of polar sovereignty is described through various viewpoints and opinions, leading to a well-developed description of the disputes present and potential solutions created to resolve them. It is through the multitude of sources analyzed that the legitimacy of the issue, the historical context of the issue, the role of control and religious/spiritual influences, the logic of evil regarding the varying opinions about the issue, the role of international organizations in dealing with the issue and how the issue affects all countries studied and the proposed solutions, are explained and analyzed effectively. 4 Background ! Repeatedly over the course of history, the human race has shown a tendency to desire greater dominion over the lands in which we live. To obtain these vast amounts of land, the typical procedure is to inquire about the availability of the desired lands, if already claimed, and if diplomatic negotiation proves to be of no use, the party that desires the land may fight to claim it. In the case of the attainment of Alaska, negotiation proved to be useful. ! Members of the Russian population first began to permanently settle in Alaska in 1784, on Kodiak Island, with the Russian-American Company created in 1799 (Gordon, 2007). In 1857, Tsar Alexander II wished to sell the land, as he believed it would prove too costly to defend Alaska if it were to be attacked by British North America. However, because the Crimean War was fought from 1854 to 1856, Russia and Britain were not allies and as a result, Russia was not willing to sell Alaska to Britain. As a result, Eduard de Stoeckl, the Russian diplomat to the United States in 1857, was instructed by the Tsar to negotiate the sale of Alaska to the United States, if at all possible, as there was also fear of American dominion over North America, which would include Alaska. To put an end to such fears, the sale of Alaska was successfully negotiated between the United States and Russia, with the United States acquiring Alaska for a sum of $7.2 million in 1867 (His Majesty the Emperor of all the Russias, 1867). ! 5 ! Since the year 983, the island of Greenland has been strongly influenced by the European nations (History of Nations, 2004). This influence was maintained by various European countries, with the settlement of Greenland and the spread of Christianity amongst the indigenous population in the 1730s. Denmark’s claim to the island of Greenland was upheld by the World Court in 1933 (Sarasota Herald-Tribune, 1984). This ruling has led to Danish rule over Greenland; however, in 1979 Greenland was given the right to self-govern, but is still subject to Danish influence regarding natural resources and foreign affairs in the present day (History of Nations, 2004). ! For centuries, Canada has been home to a series of conflicts concerning the sovereignty over the land (Canada History, 2013). These conflicts extend from the fighting between French and British troops in the 1700s, as well as the War of 1812 between the Americans and British. Through British victory, Canada was under British domain until the passing of the British North America Act in 1867, which spurred Canadian confederation and the swearing in of Canada’s first Prime Minister, Sir John A. MacDonald. In 1880, the remaining British possessions in the Arctic, including “all islands adjacent to any such territories” which included the Arctic archipelago, were transferred to Canada which Canada uses to establish cases for claims of sovereignty over Arctic waters and lands (The Canadian Encyclopedia, 2012). In 1999, Canada made a significant change, with what was formerly the Northwest Territories being divided to create the new territory of Nunavut, meaning “our land” in the Inuit language Inuktitut (Aboriginal Affairs and Northern Department Canada, 2010). 6 ! Over the course of both Russian and Norwegian history, the lands situated in the Arctic Circle that currently belong to each country have long been controlled by the countries and as such, do not have the same historical background as the Canadian Arctic archipelago or the American acquisition of Alaska from Russia. ! In the past 60 years, the Arctic has played a very important geopolitical role in international relations and defenses, as the Arctic separated Canada and the United States from Russia throughout the duration of the Cold War (Mychajlyszyn, 2008). The potential for Russian ballistic missiles to be fired across the Arctic was a prominent threat to North America and this situation led to the creation of North American defense mechanisms such as the Continental Air Defense Command (CONAD), as well as the North American Aerospace Defense Command (NORAD) (North American Aerospace Defense Command, 2012). ! More recently, there have been controversial moments regarding the sovereignty of the circumpolar region, such as the Russian Arkitka 2007 expedition (Wikipedia, 2013). As a result of the titanium Russian flag placed on the seabed of the North Pole, statements were exchanged by both Peter MacKay, Canada’s Foreign Affairs Minister, and Sergey Lavrov, Russia’s Minister of Foreign Affairs. Alongside these words was a statement by Canadian Prime Minister Stephen Harper who said: “[Russian] President [Vladimir] Putin assured me that he meant no offense, nor any intention to violate any international understanding or any Canadian sovereignty in any way” (Council on Foreign Relations, 2007). Situations such as the situation that occurred with the Arkitka 7 2007 expedition demonstrate the diplomacy with which sovereignty issues have, and are currently, dealt with. The situation regarding the Arkitka 2007 will be examined further in the Russia Case Study portion of the report. ! Regarding the safety of the Arctic, the circumpolar region has been fortunate in that it has not experienced more than one widespread oil spill (Exxon Valdez, 1989) however, extremely unfortunate in that the Exxon Valdez tanker was directly responsible for the death of approximately “250,000 sea birds, 22 killer whales, 2,800 sea otters, 300 harbor seals and thousands of fish” (Pew Charitable Trusts, 2013) as a result of the 250,000 barrels of crude oil spilled into the waters of Prince William Sound. It is also believed that Arctic activities such as exploration and drilling will lead to another oil spill in the Arctic region in the near future, which would prove extremely dangerous as there are no adequate technologies or solutions to clean up oil that has been dispersed into the broken sea ice of the Arctic region. ! In spite of the fact that there remains no specific solution to dealing with oil spills in the icy waters of the circumpolar region, numerous multinational oil and gas corporations continue to pay for the rights to extract and process the oil and gas reserves that remain in the Arctic region. Interest in the Arctic and its potential oil and gas reserves are spurred by a 2008 United States Geological Survey which estimates that approximately 90 billion barrels of oil remain undiscovered north of the Arctic Circle (USGS, 2008). Companies such as Petro Canada, Panarctic Oils Ltd. and Dome 8 Petroleum explored the Canadian Arctic waters during the 1970s and 1980s, drilling 176 wells and extracting approximately 1.9 billion barrels of oil (Wikipedia, 2013). ! Drilling in the Canadian Arctic began to be seen as too complex, expensive and dangerous, but other countries such as Russia, which began the construction of the first commercial offshore oil development in the Arctic, the Prirazlomnoye Field, in 2011 (Staalesen, 2012) and Greenland, which have offered 8 licenses for exploration and extraction along the coast of Baffin Bay, continue to view the Arctic as a region filled with potentially lucrative natural resources awaiting extraction (Wikipedia, 2013). ! ! As demonstrated, the sovereignty and geographical location of the Arctic and surrounding lands has, and will continue to have, a significant impact on the formation of the modern world and the events that have occurred over the course of time. 9 Contributions of an Expert ! The controversy that surrounds the circumpolar region is not only precipitated by political unrest between competing nations, but exacerbated by different interpretations of the circumstances by the proximal countries. As a result, the value of an expert opinion on the issues regarding the circumpolar region is heightened, as an expert is able to deliver an unbiased opinion, based on fact. ! Such is the case with Canadian-born author Dr. Michael Byers. Dr. Byers received degrees from the University of Saskatchewan, McGill University, and his Ph.D. at Cambridge University (Wikipedia, 2013). Dr. Byers is the author of Canadian bestsellers “Intent for a Nation” and “Who Owns the Arctic?”. Dr. Byers holds the Canada Research Chair in Global Politics and International Law at the University of British Columbia (Byers, 2013). He regularly contributes to newspapers such as the Globe and Mail and Toronto Star, and leads projects for Canadian government-funded ArcticNet, researching the issues surrounding the Northwest Passage and hydrocarbon reserves in the Arctic Ocean. ! Michael Byers is known for his knowledge on international law, specifically regarding the issues of Arctic sovereignty and the role of each country involved in the process of the formation of the circumpolar region. 10 ! Recently, Dr. Byers wrote the book “Who Owns the Arctic?”, which meticulously describes each disputed area between countries in the circumpolar region, along with the history leading to the issue and the potential solutions. In his book, Dr. Byers expresses a great deal of concern regarding the use of fossil fuels and the environmental ramifications of the global consumption of fossil fuels, detailing how “the Arctic is in crisis” and that “there is only one way to preserve the North in anything approaching its natural state, and that is to dramatically reduce greenhouse gas emissions in the south.” (Byers, 2013). ! Upon the conclusion of Dr. Byers’ book, he provides a list of “agreed recommendations” that were the result of conferences between teams of American and Canadian representatives comprised of non-governmental experts (Dr. Byers was a participant on the Canadian side). The end result of this conference produced a comprehensive list of recommendations to the American and Canadian governments for consideration, to assist in the resolution of the disputes between Canada and the United States over waters in the Beaufort Sea, amongst others (Byers, 2013). ! Dr. Byers continually demonstrates an unwavering commitment to exploring potential solutions to the disputes surrounding lands and waters in the circumpolar region, by applying the wealth of knowledge and plethora of skills acquired through his education. Hopefully, Dr. Byers will be officially recognized for his efforts to help solve issues that will change the face of the earth as we know it. 11 Role of Control ! Control over the circumpolar region is crucial to the development of the modern world. It is believed the Arctic is home to almost a quarter of the earth’s undiscovered oil and gas reserves (Isachenkov, 2011). As a result, sovereignty over the Arctic waters is highly valued for the potential extraction of these natural resources, and the socioeconomic benefits that will follow. In fact, countries awarded large plots of circumpolar waters and land will be at a great advantage economically, to the point at which certain aspects of the global economy such as hydrocarbon extraction may be dominated by a select group of countries, crippling the economies of countries with no such access. However, there are environmental risks if part of the extraction process was to malfunction. ! Although the extraction of these natural resources could prove to be a very profitable business venture, the extraction also has potential environmental and societal implications, specifically pertaining to the northern Inuit peoples. If, in the process of extracting natural resources, something were to go awry, environmental disaster could ensue, harming a large percentage of the organisms in an ecozone (Grant, 2012). Despite the potential wealth that accompanies the extraction of the Arctic resources, there is also potential for negative consequences, as described by Valery Kryukov and Gary Wilson, who write that “Although oil and gas development can bring substantial benefits to northern regions, such development can also have negative impacts on the environment and the lifestyles of northern people” (n.d., para. 4). 12 ! With regard to the changes in climate and geography of the Arctic region, Dr. Morten Rasch, head of the Greenland Ecosystem Monitoring program in Denmark, believes that “Things are happening much faster than what any scientific model predicted” (Booman Tribune, 2012). In response to the unpredicted changes in climate, new levels of interest have been sparked in oil and gas companies who wish to extract the precious resources from the underground reserves. Accompanying these new levels of interest are ads that promote oil and gas drilling and attack governments and government leaders that do not portray themselves as pro-oil. In a report by the Times, oil and gas companies spent more than $153 million US in 2012 to air advertisements that attacked President Barack Obama, asserting he was “insufficiently pro-oil”. While the opinions of oil and gas companies do not hold much weight regarding the use of the Arctic waters and land, said companies have demonstrated that all possible sources of pressure will be explored in their search for greater mining rights. ! In order to attempt to eliminate risks due to extraction of natural resources, the government of the sovereign country must be willing to implement laws prohibiting unsafe drilling practices and extraction of the resources in order to prevent a catastrophe from occurring. However, solutions to problems such as this can only be determined once the sovereign country has been clearly identified in relation to each disputed territory in the circumpolar region. 13 ! The role of the United Nations is pivotal to the resolution of the disputes over the waters in the circumpolar region. The 1982 United Nations Convention on the Laws of the Sea (UNCLOS) is “the most comprehensive attempt at creating a unified regime of governance of the rights of nations with respect to the world’s oceans” (The Encyclopedia of Earth, 2010, para. 1). Through UNCLOS, the world has a formal document through which all of the world’s oceans can be governed, which will prove to be extremely valuable in resolving the disputes over the Arctic waters. ! UNCLOS has created distinctive categories for the waters that surround a country’s land and baseline border (Wikipedia, 2013). These categories include: internal waters, territorial waters, archipelagic waters, contiguous zones, exclusive economic zones and continental shelves. The dominion of a country and said country’s access to the area’s natural resources, amongst other things, is based upon which category wherein the specific ocean area is located in relation to the country. If, for example, a specific area was determined to be located in internal waters, the sovereign country would have the right to exploit the resources as well as govern and regulate the area. ! Due to the ratification of the UNCLOS documents by over 160 countries to date, the Laws of the Sea created by UNCLOS are paramount in determining sovereignty over waters in the circumpolar region (United Nations Division for Ocean Affairs and the Law of the Sea, 2013). In order to prove sovereignty in an area of the Arctic waters, a country claiming ownership of the waters must submit a proposal to the United Nations, attempting to prove that the claimed lands are an extension of a continental shelf of the 14 continent in which the country is located. This concept will be explained in greater detail in the case studies section of the report. ! The greatest benefit to be derived from sovereignty of the waters in the circumpolar region is certainly access to natural resources (such as fishing, fresh water and hydrocarbon reserves) and the right to control the passage of foreign vessels through the waters. Sovereignty over the waters in the circumpolar region will greatly affect foreign trade, as the sovereignty over the Northwest Passage (located in close proximity to Canada) may potentially permit worldwide use of a shipping route that would cut down the distance ships currently travel from the Atlantic to East Asia by 7,000 kilometers, when compared to the route of the Panama canal (Byers, 2010). ! Undeniably, the circumpolar region is an area of untapped potential, with much to be gained and lost. The sovereignty over the waters lies within the hands of the United Nations, which reviews the proposals of each country attempting to claim a portion of the region, and has the final say in the shaping of one of the most important regions in the modern world. 15 Religion and Spirituality ! In examining the religious and spiritual influences that encompass the global issue of Arctic sovereignty, one must understand the religious and/or spiritual beliefs of those affected by the matter. Involved in the issue of Arctic sovereignty are: Western Europeans and North Americans (Canada, United States, Denmark, Norway), Eastern Europeans (Russia) and the Inuit peoples who live in close proximity to the geographical North Pole (Casselman, 2008). ! In the Western European and North American countries, the influence of the Abrahamic religions (Judaism, Christianity and Islam) are quite prominent, with approximately 77% percent of Americans, Canadians and Norwegians claiming to be Christian, as well as approximately 80% of Denmark’s population claiming to be members of the Church of Denmark, which is a Lutheran church (Wikipedia, 2013). The Islamic religions do not play a large role in the issues involving the aforementioned countries; however, Judaism plays a small role in that it is represented in a small percentage of the population in some of the proximal countries. ! Due to widespread belief in one of the Abrahamic religions, these countries have all participated in colonialism and imperialism in some way or another. It is stated in the book of Genesis, a book central to all Abrahamic religions, that: 16 “God created man in his own image; ... male and female he created them. And God blessed them, and God said to them, 'Be fruitful and multiply, and fill the earth and subdue it; and have dominion . . .’” (Genesis1:27- 28, RSV). This quote taken from the Book of Genesis has greatly influenced the Western perspective on land and dominion over such lands. Repeatedly through history this mindset of sovereignty and ownership over land, and the need to subdue it, has perpetuated the colonialist and imperialist efforts that dominated the 19th and 20th centuries. ! The passage describes how man “was created in God’s image” and how he must “subdue the land” and “have dominion”. If taken literally, one could argue that these views have led to global issues such as global warming and Arctic sovereignty. If it is permissible to subdue and have dominion over land, this in turn will lead to greed and competition in the quest to acquire land. Instead of being generous with the valuable resources, waters and lands in the circumpolar regions, Western countries are seeking ownership of the precious waters of the Arctic Ocean in order to subdue and dominate the region for the purpose of extracting natural resources for economic gain. This mindset undermines the well being of the earth’s ecosystems and ozone layer as it has been documented that the consumption of fossil fuels has a negative affect on the earth’s atmosphere (Natural Resources Defense Council, 2008). 17 ! Aside from the environmental ramifications, certain countries are unwilling to compromise and maintain that they are fully entitled to the lands, which undermines solutions proposed for countries such as Canada and Denmark to simply share an island of disputed territory, such as Hans Island (Byers, 2013). ! While not as strong as the influence on contemporary Western society, there is still a prominent Christian religious influence on contemporary Russian society. Approximately 41% of Russian citizens are faithful to the Russian Orthodox religion, which is a sub-category of Christianity (Wikipedia, 2013). ! Despite the large influence that Abrahamic religions have on the aforementioned countries, Abrahamic religions do not influence the perspective or opinions of the Inuit peoples who reside in the Arctic. Traditionally, Inuit peoples are known to treat human beings, the land, animals and plants with equal respect. Through the Circumpolar Declaration on Sovereignty of the Arctic, the Inuit Circumpolar Council confirmed the role of the Inuit people in the decision-making regarding the circumpolar regions, and as well, provided a reason for the Inuit perspective on the issues to be heard (Inuit Circumpolar Council, 2009). This declaration attempts to convey that the Inuit perspective should be respected, as Inuit peoples from Canada, Greenland, America (in Alaska) and Russia (in Chukota) all signed off on the document which supports the idea that the Inuit should have a say in resolving the issues at hand. 18 ! The role of the Inuit will prove to be crucial to the issues regarding Arctic sovereignty as the Inuit peoples have a drastically different belief system which will conflict with the religious perspective of the predominantly Christian nations. The Inuit peoples do not believe in the ownership of land, exemplified by the words of Zebedee Nungak: “In the nomadic times of our grandfathers, the land belonged to everybody, yet belonged to nobody. Inuit wandered great distances freely without having to worry about who owned what stretch of land or sea. If an area sustained life, Inuit were there without a thought as to who would pretend to be owner of it. So this question is perplexing, even today, to Inuit, whose historical memory was unencumbered by the imperative to define ownership. How on earth did our land end up belonging to the Crown?” (2003). This viewpoint on land is derived from the Inuit belief in animism, as “the Inuit also maintained shamanistic, polytheistic and animistic beliefs traditionally” (Meyer, n.d., para. 3). The belief that “everything is conscious” and that “everything has a soul” (New World Encyclopedia, 2012, para. 1) is an integral part of the Inuit belief system. If oil was released into the Arctic waters by a procedural error, the lives of Arctic animals may be at risk, which the Inuit value equally with trees and vegetation to other humans (The Canadian Encyclopedia, 2012) . It is in this way that Inuit religious beliefs play a large role in the issue of Arctic sovereignty because the Arctic Inuit peoples place such a high value on sustaining the environment and its inhabitants. 19 Logic of Evil ! The “logic of evil” is an expression coined by Dave Morrison, head of the Global Perspectives program (Welsh, 2011). The logic of evil serves to describe different perspectives and demonstrates that opposing views on either side of an issue are both valid when the reasoning in support of the view is understood. The logic of evil is a concept that can be applied to nearly any issue with Arctic sovereignty being no different. ! As discussed in the preface, sovereignty over sections of the circumpolar region offer numerous sources of potential wealth. The wealth of resources that lie in the circumpolar region are scattered throughout the entire region and as such, it is reasoned that dominion over a larger section of the region would provide greater opportunities for resource extraction and subsequently, economic gain. As a result, the reasoning behind the land claims made by various countries in close proximity to the circumpolar region is easy to understand. ! Whether it was through Adam Smith’s An Inquiry into the Nature and Causes of the Wealth of Nations or through the works of Karl Marx, the economic theory of capitalism was created long before the value of the circumpolar region had reached the same value as it currently holds (Smith, 1776). However, when the motives of the countries involved are examined, nearly all ideas trace back to the basic capitalist ideal that one should be able to acquire as much wealth as possible throughout the duration 20 of one’s life and grow to be as successful as possible. Consequently, the motives that spark the interest of Arctic countries proximal to the circumpolar region are motives of greed and economic gain, as well as nationalistic pride. ! The strategic value of the circumpolar region was solidified at the outset of the Cold War when intercontinental ballistic missiles were a threat to the well-being of both capitalist North America and to the communist Union of Soviet Socialist Republics, with the threat of mutual destruction treading on the minds of both sides (Wikipedia, 2013). As a bi-product of the fear that engulfed the opposing sides in the Cold War, defensive systems such as NORAD were developed to prevent further attack from enemy missiles. Due to the fact that the fastest method of attack via missiles from the NATO countries to the Warsaw pact countries is across the Arctic Ocean, a greater value has now been placed on the Arctic waters because of strategic location in times of war. Control over the areas would allow for higher degrees of surveillance and defence against ensuing enemy offensives. ! There is a distinct advantage to sovereignty over the lands and waters and this paper seeks to demonstrate the many perspectives on the issues surrounding the circumpolar region, with specific reference to the case studies section later in the paper. In addition one must first understand the concept of the logic of evil to better understand the issues of the world and specifically, Arctic sovereignty. 21 Case Study: Denmark ! The Danish are playing a role in the issue of Arctic sovereignty with their land claims, specifically with their land claim over Hans Island as well as the borderline between Canadian owned Ellesmere Island and the island of Greenland, which remains under Danish rule (CASR, 2005). ! The second largest patch of ice worldwide, known as Greenland, is a “semi- autonomous possession of Denmark” (CASR, 2005). As a result, Greenland has been afforded the ability to govern itself regarding matters that directly pertain to Greenland, but is still governed by the Danish government when the matters are of Danish concern as well (CASR, 2005). As a result, the government of Denmark plays a large role in claims made regarding Greenland and the surrounding arctic areas. ! Between Ellesmere Island and Greenland, lies Hans Island (Appendix A). Hans Island is not a significantly big island, being only 1.3 square kilometers in size, but has been the focal point of a longstanding dispute between the Canadian and Danish governments. Through the signing of a treaty in 1973, the boundary between Canadian owned land and Greenland was formed through the principle of equidistance (Mackrael, 2012). However, the border created through the use of the equidistance principle crossed straight through Hans Island, so sovereignty over the island was left to be determined later, with the boundary between countries simply drawn around it. 22 ! Although sovereignty over Hans Island has been disputed for several decades, the island itself presents almost no direct economical value (Mackrael, 2012). Instead, both countries simply wish to obtain Hans Island to further support other Arctic land claims. ! Hans Island is an interesting island because of how the territorial claims regarding the island are currently being dealt with. Both Canada and Denmark have been cordial, diplomatic and cooperative when negotiating sovereignty over the island, even injecting a sense of humour into the claims made. This sense of humour was created when the Danish military would leave behind a bottle of Schnapps for each visit made, which was mirrored by the Canadian military, who would leave behind a bottle of Canadian Club whiskey (Byers, 2009). While there have also been numerous flag plants made by both countries, the island is still in negotiations with both groups working towards a mutually agreed upon solution. ! Despite the comedic efforts made by both countries, along with the respectful negotiations, the dispute over Hans Island still remains. Regarding the solutions at hand in determining the sovereignty over Hans Island, Michael Byers writes: “It seems unlikely that either country will wish to take the domestic political risk of losing the island before a panel of judges in the Hamburg or The Hague. For the same reason, neither side is about the surrender the island during the course of negotiations, unless a compelling trade-off can be made” (Byers, 2009, pg 29) 23 ! As such, there are two potential solutions that are currently under consideration. The first option is to have Hans Island split down the middle, allowing 50% of the island to be governed under Canadian rule on the left and Danish rule on the right (Byers, 2009). This would allow each country to have full sovereignty over a portion of the island, along with creating a new and short border between Canada and Europe. ! The second option would mirror a model of sovereignty that is currently in place with regard to Pheasant Island in the Bidasoa River between France and Spain. With regard to Pheasant Island, the governments of France and Spain simply share the sovereignty over the island by alternating responsibility over the island for periods of six months at a time (Byers, 2009). If this system of sovereignty were to be utilized with regard to Hans Island, both countries would participate in issues regarding the island, which would ensure peaceful and respectful relations between the two nations. 24 Case Study: Russia ! Russia, the world’s largest country geographically, is either currently involved in territorial or sovereignty-based land claims throughout the circumpolar region, or has just recently solved such issues, all of which concern either Norway, the United States of America or Canada. ! With regard to Norway, the Russian and Norwegian governments have disputed sovereignty over the Barents Sea since the 1970s (Appendix B). Both Norway and Russia had previously laid claims to an area of 175,000 square kilometers, which was situated north of the Norwegian coast and Russia’s Kola peninsula (Harding, 2010). Although the issue regarding the Barents Sea was initially based on the resources of fish in the area and gradually morphed into a dispute over fish, oil and gas, the Russian and Norwegian governments were able to negotiate a treaty which both countries signed on September 15, 2010 in Murmansk, Russia (Ulfstein, 2011). It is thought that the signing of the Barents Sea treaty was a practical solution and demonstrates how issues regarding sovereignty in the Arctic should be dealt with (Harding, 2010). ! Separating the eastern coast of Russian and American-owned Alaska, is the Baker-Shevardnadze agreement (Wikipedia, 2013). The agreement was named after the Russian and American officials who signed the deal, namely, United States Secretary of State James Baker and Soviet Foreign Minister Eduard Shevardnadze. The agreement separates the two countries through the Bering Strait and Chukchi Sea, 25 with the larger portion of the land going to the United States. This, in turn, has prompted many Russians to criticize Mikhail Gorbachev, President of the Soviet Union at the time, and Edvard Shevardnadze for “rushing the deal, ceding the Russian fishing rights and other maritime benefits” (Wikipedia, 2013), with most of those who criticize the agreement insisting on renegotiation. However, the United States has no intention of renegotiating the maritime boundaries laid out in the agreement, and instead focus their efforts on enforcing the boundary against encroaching Russian vessels (Wikipedia, 2013). Although the agreement raises issues within Russia, the Russians have larger claims to make, especially in the way of the Lomonosov Ridge. ! According to Macleans magazine author Charlie Gillis, the Lomonosov Ridge can be described as: “towering, silt-covered furrow on the ocean floor begins from the nexus of Ellesmere Island and Greenland, then runs some 1,800 km beneath the polar ice cap to an archipelago called the New Siberian Islands. About halfway across, there is a single jag that sticks a couple of hundred kilometers toward the Barents Sea. And there, just below the point of the elbow, under about 4,200 m of frigid water, lies the geographic North Pole” (2011). As a result, the Lomonosov Ridge is of the utmost importance in relation to the claims of sovereignty over the Arctic waters and lands. As the ridge runs between Canada’s Ellesmere Island and Russia’s New Siberian Islands, both countries are able to make a 26 claim to the ridge as an extension of the country’s continental shelf, which would allow the country whose claim is supported, to claim vast amounts of territory in the circumpolar region (Fillingham, 2009). ! Russia has the longest history of claiming the Lomonosov Ridge, beginning when the Russian government submitted an official proposal to the United Nations Committee on the Limits of the Continental Shelf on December 20, 2001 (Wikipedia, 2013). In the proposal, the Russians claimed that the Lomonosov Ridge and Mendeleev Ridge were extensions of the Eurasian continent, which would extend Russians Exclusive Economic Zone (EEZ) to the geographic North Pole. While the proposal was neither rejected nor accepted, the UN Committee recommended additional research to support the Russia land claims. ! On August 2, 2007, the Russian expedition Arkitka 2007, descended to the seabed of the North Pole, for the first time in history. The expedition led to the gathering of water and soil samples for analysis, as well as a controversial move by the expedition members who planted a meter tall titanium Russian flag in the seabed of the North Pole (Appendix C) (Parfitt, 2007). The planting of the flag elicited responses from other Arctic countries such as Canada, with the Canadian Foreign Minister Peter MacKay telling CTV television “This isn’t the 15th century, you can’t go around the world and just plant flags and say: ‘We’re claiming this territory’” (Parfitt, 2007). 27 ! To this day, Russia maintains its claim over the Lomonosov Ridge and subsequently, a large section of the circumpolar region leading up to the North Pole. However, both the Canadian and Danish governments are disputing these claims, claiming that the Lomonosov Ridge is an extension of Ellesmere Island and Greenland, respectively (Ottawa Citizen, 2008). Although it is said the Russians could obtain close to 5 billion metric tons of fuel from the Lomonosov Ridge (Rianovosti, 2007), no claims have been confirmed by the UN Committee on the Limits of the Continental Shelf, and may not be confirmed for years to come. As a result, a solution to the sovereignty claim over the Lomonosov Ridge will be decided by the United Nations after a thorough review of the proposals of all countries with legitimate claims regarding the Lomonosov Ridge. 28 Case Study: United States of America ! It is possible for one to think that because 48 of the USA’s 50 states (96%) are situated below Canadian land, that an American land claim in the Arctic region is impossible. However, the two remaining states that remain forgotten at times are the states of Hawaii and Alaska, with the latter in direct proximity to the Arctic territorial land claims in dispute between Canada and the United States (CIA, 2003). ! The disputed land claims pertain to the extended boundary between the American state of Alaska and the Canadian Yukon territory, and more specifically, how said boundary allots certain areas of land to each prospective country (Appendix D). Due to the difference in perspectives on how the boundary should be created, there is a disputed area approximately 6,250 square nautical miles left to be negotiated between the two countries. ! The disputed area is created because one strategy for creating the boundary involves the principle of equidistance, whereas the opposing strategy aims to simply extend the current Canadian-American boundary straight out into the Beaufort Sea (Thompson, 2010). The Canadian position on the issue is that the boundary extends from the border between Alaska and the Yukon Territory, along the 141st Meridian. The American position is that the boundary should follow the principle of equidistance which means from the borders of each country, which leads to the creation of the disputed area (Appendix D). However, due to continued efforts between American and Canadian 29 representatives, there appears to be a solution that would satisfy both parties participating in the discussion. As countries are allowed to claim up to 200 nautical miles extending from the country’s shores, both countries will be able to a claim an area as their own (Thompson, 2010). However, countries are allowed to extend their reach over the 200 nautical mile mark if the seabed the country is connected to, extends further than 200 nautical miles (UNCLOS, 1982). The shape of the seabed past 200 nautical miles would force the American boundary to turn sharply west, which would allow Canada to win a greater amount of the seabed than it would had the original Canadianfavored boundaries be implemented. As a result, the direction of the negotiations have drastically changed. In the eyes of the United States, the more beneficial outcome results from the originally proposed Canadian boundary line. Although the area has been in dispute since 1970, it would appear as if a new, mutually agreed upon solution is to be had in the Beaufort Sea, which would leave both parties satisfied. ! The other dispute involving the Americans involves the classification of the Northwest Passage, which is a direct shipping route that spans from Europe to Asia and travels through the Arctic Ocean (Roach, 2007). The advantage to utilizing the Northwest Passage as a shipping route is that a trip through the Northwest Passage will allow ships to travel 7,000 kilometers less, each way, if the route is compared to the current route through the Panama Canal (Appendix E). Despite the benefits that the Northwest Passage presents to exports shipped internationally, the passage is still largely disputed between the Canadian and American governments. 30 ! Currently, a large percentage of the ice that the Northwest Passage travels through is frozen over year-round (CBC, 2008). However, the ice in Canadian Arctic territory has shrunk 32 percent since the 1960s, with as much as 70,000 square kilometers lost annually (CBC, 2008). As a result, there has been an increase in worldwide interest in the Northwest Passage and how it will be used, which is exactly where the issue between Canada and the United States lies. ! The Northwest Passage runs from Europe to Asia and as a result, also runs through the Canadian Archipelago. As it can be recalled from the background section of this report, the Canadian government was granted complete sovereignty over the now Canadian-owned Archipelago. The major dispute between the American and Canadian governments is determining whether or not the section of the Northwest Passage crossing through the Canadian Archipelago, is to be considered internal Canadian waters or part of an international shipping route (Canwest News, 2008). ! The debate was initially sparked when American vessels travelled through the Northwest Passage in the years 1969 and 1985, both times without Canadian permission (Canwest News, 2008). As a result, the Arctic Co-operation Agreement was signed in 1988 by American President Ronald Reagan and Canadian Prime Minister Brian Mulroney (CBC, 2008). The agreement states that the United States was not allowed to send ships through the Northwest Passage without first obtaining Canadian permission. Consequently, the agreement also stated that Canada would always give consent to American ships traveling through the waters. 31 ! Contradicting this agreement however, was the first press conference made by Stephen Harper in January 2006, where Prime Minister Harper stated “It is the Canadian people we get our mandate from, not the ambassador to the United States”, which was in reply to David Wilkins, the Canadian ambassador to the United States, who reiterated the position of the United States government with regard to the Northwest Passage and how it is an international strait (Byers, 2011). This statement by Harper may have alarmed those in Washington had Wilkins’ predecessor, Paul Cellucci, not revealed that he had asked the United States State Department to review Washington’s position on the issue of the passage. ! Cellucci’s reasoning for asking for the review was that, if the Northwest Passage was deemed an international strait, it would be used by terrorist groups to transport weapons of mass destruction through the relatively unguarded passage (Byers, 2011). As a result of Cellucci’s concern and his contact with the State Department, Prime Minister Harper now has another opening for further negotiations with the United States as to sovereignty over the passage, and how issues such as those linked to terrorism may be dealt with in the future. ! Although it may appear that a solution has been brokered through the negotiations of Mulroney and Reagan, the issue still remains. Is the Northwest Passage an international strait, or internal Canadian waters? Michael Byers believes that the Northwest Passage belongs to Canada and is therefore a series of Canadian internal 32 waters (Byers, 2009). Dr. Byers’ reasoning can be attributed to the current Canadian land boundaries, or more importantly, the Canadian acquisition of Inuit sovereignty rights in the Nunavut Land Claims Agreement in 1993. ! Although the focus of this section of the report is with regard to the influence of the United States on the issues surrounding Arctic sovereignty and disputes therein, it would appear the classification of the Northwest Passage does not, in fact, favor the American position. That being the case, then part of the Northwest Passage would be determined to be internal Canadian waters and Canada would be granted full ownership and use over the waterways, as well as control over the use of the waterways by other foreign countries. All American ships wishing to navigate the passageway would need to request Canadian permission, which may or may not be granted as Canada would have the ability to decide which ships pass through the passage and as a result, the Arctic Co-operation Agreement would be overridden. 33 Connections to Canada ! Sovereignty over the circumpolar region is an issue that is most relevant to the countries within close proximity to the region and as such, Arctic sovereignty is an issue that largely pertains to Canada. Canada has 40 percent of its land mass situated in the circumpolar region, and a strong case is to be made for sovereignty over a vast majority of the lands and waters (Foreign Affairs and International Trade Canada, 2013). In spite of the fact that Canada is already in such close proximity to the areas in dispute, Canada has found a way to focus even more intently on the geopolitical situation of the Arctic, led by the 2008 campaign of current Canadian Prime Minister Steven Harper. ! In the words of National Post writer John Ivison, Arctic sovereignty is often seen as Stephen Harper’s “signature legacy project” (Ivison, 2012). Harper has developed an annual trip in the summertime where he visits Canada’s North to show his continued commitment to the area. Harper has continually used Arctic sovereignty as a key component of his political platform, exemplified through quotes such as: “The geopolitical importance of the Arctic and Canada’s interests in it have never been greater. This is why our government has launched an ambitious Northern Agenda based on the timeless responsibility imposed by our national anthem, to keep the True North strong and free.” (Harper, 2008). Stephen Harper has known from day one that Arctic sovereignty would be one of the most significant issues that Canada would have to deal with during his terms in office 34 and as the aforementioned quote would indicate, has maintained an adamant and proactive stance towards upholding Canadian involvement in Arctic sovereignty issues. ! Whether Canada acquired the Arctic Archipelago from the British in 1880 (The Canadian Encyclopedia, 2012), or whether ownership of the Arctic Archipelago has always been Canadian, in either case, it is apparent that the section of the Northwest Passage should be classified as Canadian internal waters in the eyes of many Canadians (Byers, 2009). A definition of internal waters provided by Wikipedia, which stemmed from the UNCLOS document, describes internal waters as “all water and waterways on the landward side of the baseline from which a nations territorial waters is defined” (Wikipedia, 2013). If waters are determined to be a country’s internal waters, said country is allowed to set laws and regulate the use of the waters. If the section of the Northwest Passage that is in dispute between the United States and Canada is in fact determined to be Canadian internal waters, all foreign vessels must receive approval from Canada before navigating through the waters. ! With regard to Hans Island, Canada finds itself engaged in a potentially harmonious and fair engagement with Denmark which would allow two governing bodies to take periodic control over the island or allow them to create a new border between Europe and North America (Byers, 2009). ! With regard to the Lomonosov Ridge, specifically the ownership of the ridge, the most important piece of the puzzle is the work and data compiled by the Canadian 35 scientists who currently work to prove that the Lomonosov Ridge is an extension of Canada’s continental shelf (Ottawa Citizen, 2008). However, both Danish and Russian scientists, respectively, are also working to prove that the Lomonosov Ridge is an extension of their country’s continental shelf, so the matter must ultimately be decided by the United Nations Commission on the Limits of the Continental Shelf (United Nations, 2012). ! Overall, the situation that Canada finds itself in surrounding the territorial disputes in the Arctic is not a situation that should be of grave concern for Canadians. Whether it be the dispute over Hans Island, or the Lomonosov Ridge, solutions to the disputes are either currently under negotiation, or will be mediated by a respectable third party, namely the United Nations. 36 International Organizations ! A major group that works to protect the health and safety of the Arctic is the Arctic Council (Arctic Council, 2013). The Arctic Council was formed in 1996 under the Ottawa Declaration, which was described as establishing: “the Arctic Council as a high-level intergovernmental forum to provide a means for promoting cooperation, coordination and interaction among the Arctic States, with the involvement of the Arctic Indigenous communities and other Arctic inhabitants on common Arctic issues; in particular, issues of sustainable development and environmental protection in the Arctic” (Arctic Council, 2013). The Arctic Council has eight member states, with Chairmanship over the Arctic Council rotating every two years between the member states. The member states are as follows: Canada; United States of America; Finland; Iceland; Russia; Norway; Kingdom of Denmark and Sweden. Alongside these member states are also six international organizations that represent the Arctic Indigenous People, which all have permanent status. ! Inside the Arctic Council are six groups that are composed of experts from ministries, government agencies and researchers. The six working groups of the Arctic Council are: Arctic Contaminants Action Program (ACAP); Arctic Monitoring and 37 Assessment Programme (AMAP); Conservation of Arctic Flora and Fauna (CAFF); Protection of the Arctic Marine Environment (PAME) and Sustainable Development Working Group (SDWG). ! The Arctic Contaminants Action Program (ACAP) works with a mandate to “increase efforts to limit and reduce emissions of pollutants into the environment and promote international cooperation” (Arctic Council, 2013). The ACAP encourages nations worldwide to take preventative action to reduce emissions in order to reduce the risk of contamination via pollution. ! The Arctic Monitoring and Assessment Programe (AMAP) is responsible for measuring the levels of pollutants in the Arctic environment; documenting the trends of human pollution; reporting on how the pollutants in the Arctic waters affect the Arctic environment as a whole; and to give advice on how the Arctic conditions can be improved. ! The Conservation of Arctic Flora and Fauna (CAFF) is a group that works to preserve the biodiversity of the Arctic region, by promoting practices that focus on ensuring the sustainability of the Arctic’s living resources. The CAFF releases many reports regarding the current state of the Arctic’s biodiversity, such as the “Arctic Report Card: 2012” (Norduslod, n.d.). In recognition of the work done to preserve the biodiversity of the Arctic, the chair of the CAFF’s Circumpolar Biodiversity Monitoring Program (CBMP) Mike Gill and Joseph Culp, co-chair of CBMP’s Freshwater Monitoring 38 group recently received the Queen’s Diamond Jubilee Medal for their dedication of the CAFF to Arctic Nature. ! The Emergency Prevention, Preparedness and Response Working Group (EPPR) is another working group of the Arctic Council which focuses on preventing, preparing for and responding to environmental emergencies that occur throughout the Arctic region (Arctic Council, 2013). This group has conducted many exercises such as Radiation Emergency Exercises, should a potential hazard to the well-being of the Arctic ever occur. ! Further, there is the Protection of the Arctic Marine Environment working group (PAME). The PAME develops action programs and guidelines which help to protect the marine environments as the Arctic region undergoes increased economic activity and significant changes from the increased use of the Arctic waters (Arctic Council, 2013). ! Because the Arctic is becoming increasingly accessible and known as a region rich in natural resources, it faces potentially unsustainable development throughout the region. However, the Sustainable Development Working Group (SDWU) strives to protect the Arctic environments and economies from developing unsustainably, and instead proposes steps that lead to sustainable development, which preserve the environments and economies (Arctic Council, 2013). 39 ! Finally, there are the members of the Inuit Circumpolar Council (ICC) (Arctic Council, 2013). The ICC represents the Inuit peoples in Greenland/Denmark, Canada, Alaska/USA and Chukotka/Russia and is a non-governmental organization that represents approximately 150,000 Inuit peoples. Founded in 1977, the ICC has four principal goals, which are: “Strengthening unity among Inuit of the circumpolar region, promoting Inuit rights and interest on an international level, develop and encourage long-term policies that safeguard the Arctic environment and seek full and active partnership in the political, economic and social development of circumpolar regions” (Arctic Council, 2013). The ICC has taken an active role in working with the aforementioned divisions of the Arctic Council by collaborating on a variety of sustainable development and environmental issues and advocating for the rights of the Inuit peoples with respect to how proposed solutions may impact the lives of the Inuit. ! As set out above, there are a multitude of groups working to preserve the Arctic waters and the circumpolar region. Although there has been a disastrous oil spill near the Arctic ocean, specifically the Exxon Valdez oil spill (Pew Charitable Trusts, 2013), there has not been a major oil spill during the time of the Arctic Council, which may be attributed to the efforts of the Arctic Council and its eight member states, which diligently work to preserve the Arctic areas. It appears as if the efforts of the Arctic 40 Council are working effectively, and will continue to work effectively should they be required to deal with a potentially disastrous situation. ! Unlike the Arctic Council, which includes nearly all, if not all of the countries prominent in the circumpolar region sovereignty disputes, less officially sanctioned environmental activist groups such as Greenpeace work to advocate for the rights of animals and wildlife in the region. The mandate of Greenpeace is to raise awareness as to the consequences of increased Arctic activities on the environment (Greenpeace, 2013). By raising awareness on key environmental issues such as Climate Change, Oil Drilling, Increased Exploitation of the Environment and Long-Range Pollution, Greenpeace aims to make a positive contribution with regard to the resolution of circumpolar disputes. It is the hope that governments will recognize and respond to the voices of those opposing the privatization of the Arctic waters and take action to prevent potential damage. ! Through the combination of highly-regarded groups such as the Arctic Council and less officially sanctioned groups such as Greenpeace, there are many effective forums and groups that provide information and subsequently, offer solutions, to the problems that engulf the circumpolar region. 41 Solutions ! The disputes surrounding the circumpolar region, and the way in which these disputes are managed and solved, will significantly influence how global disputes are negotiated in the future. In addition, the solutions will newly define and influence how Arctic countries are shaped geographically, function politically and grow economically. As a result, the solutions to the disputes at hand must be carefully considered and, if need be, determined by a reputable, neutral third party because of the far reaching implications, as stated above. ! The United Nations Commission on the Limits of the Continental Shelf, is the neutral third party required to mediate an agreement between countries involved in these territorial disputes. If mediation is not effective, and a solution cannot be effectively negotiated between countries, then the UN is in a position to stipulate an alternate solution or award sovereignty to a country based on scientific evidence and historical data. ! Through diplomatic negotiation and mediation by the United Nations, all disputes in the circumpolar region have the potential to be solved. The key element to all negotiated settlements is time, and this is realistic in that the disputes at hand do not present an imminent threat, but instead must be decided after thorough and extensive investigation. 42 Conclusion ! The Arctic should not be viewed as an area of potential war and turmoil but rather an area that is being transformed. The countries involved in the circumpolar territorial disputes are each attempting to protect nationalistic interests and in the case of the Inuit people, they are attempting to protect a way of life. There are many competing interests and in some cases, such as Hans Island, compromises can be made such as Canada and Denmark each governing the region six months of the year. However, other disputes are more controversial, such as the Lomonosov Ridge. Diplomatic negotiations are on going and it is currently up to foreign diplomats and governing bodies to present their case surrounding sovereignty. 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