Gaps in International Regulatory Frameworks for the Arctic Ocean

Abstract

When an area is about to transform in a dramatic manner, we can expect that policy analysts and legal scholars aim to identify whether there are gaps in governance of the region. After all, the status quo does not seem anymore plausible solution for such a place. This is particularly the case in regards to the Arctic Ocean, which is changing due to economic globalisation and climate change with an accelerating speed. The article will first look at what types of normative "gaps" we might observe in the gradually emerging new Ocean and then how the Arctic policy actors have planned to respond to these. It was two unrelated events - the Russians planted their flag underneath the North Pole on the Lomonosov ridge in August 2007 and 1 month later satellite imagery confirmed that the extent of summer sea ice on the Arctic Ocean had decreased to a record low - that triggered a serious discussion on how to best to govern a region that was seen by many as inaccessible desert without any need for governance. Yet, gradually, the region's states and other actors have identified the "gaps" that need to be addressed, together with procedures for filling them in. The article will finally examine whether the current consensus between the region's actors can be seen as the best possible approach to governing the Arctic Ocean.