The place of the Arctic Council in regional shipping governance

Piotr GraczykUniversity of Tromsø

Arktyka z perspektywy pierwszej dekady XXI wieku: między rywalizacją a współpracą

Wrocław, 23-24.11.2012

Overview of presentationOverview of presentation

Shipping in the Arctic Arctic shipping regime Relevant Arctic Council’s work Conclusions

Source: New York Times

Arctic shipping routesShipping in the ArcticShipping in the Arctic

Source: Cryosphere Today, University of Illinois at http://arctic.atmos.uiuc.edu/cryosphere/

Arctic sea ice extentShipping in the ArcticShipping in the Arctic

Shipping in the ArcticShipping in the Arctic

- Arctic Climate Impact Assessment (ACIA) 2004, Key finding #6:

„Reduced sea ice is very likely to increase marine transport and access to resources”

Current use and prospects

- Largely destinational, not trans-arctic

- Shipping along the NSR increases, but still is marginal compared to traditional routes

2011 - 34 vessels transported a total of 820 789 tons

2012 - 40-41 vessels transported about 1.3 million tons

2010 - 4 vessels transported about 110 000 tons

Arctic shipping regimeArctic shipping regime

GLOBALGLOBAL

REGIONALREGIONAL

DOMESTICDOMESTIC

Arctic shipping regimeArctic shipping regime

-United Nations Convention on the Law of the Sea (UNCLOS), 1982 (1994)

-International Maritime Organization (IMO)

International Convention for the Safety of Life at Sea (SOLAS), 1974 (1980)

International Convention for the Prevention of Pollution from Ships (MARPOL), 1973/1978 (1983) International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978 (1984)

Convention on International Regulations for Preventing Collisions at Sea (COLREG), 1972 (1977)

International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC), 1990 (1995)

International Convention for the Control and Management of Ships’ Ballast Water and Sediments (BWM), 2004 (not in force)

Global arrangements

Arctic shipping regimeArctic shipping regime

Arctic (Polar) instruments within the IMO:

SOLAS 74 Regulation V/5 on Meteorological services and warnings Regulation V/6 on Ice Patrol Service + Appendix Rules for the management, operation and financing of the North Atlantic Ice Patrol

IMO Assembly Resolution A.999(25), Guidelines on voyage planning for passenger ships operating in remote areas (after sinking of MS Explorer)New Section B-V/g of the STCW Code on Guidance regarding training of Masters and officers for ships operating in Polar waters

Guidelines for ships operating in polar waters (2009) – voluntary

Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR), 1992 (1998)

Agreement on Cooperation on Aeronautical and Maritime Search and Rescue in the Arctic (SAR Agreement), 2011 (not in force)

Arctic Council (PAME, EPPR)

Regional arrangements

The Arctic CouncilThe Arctic Council

✤Knowledge building - influential assessments

✤ Arctic Climate Impact Assesment 2004

✤ Arctic Human Development Report 2004

✤ Arctic Oil and Gas Assessment 2007

✤ Arctic Marine Shipping Assessment 2009

✤ Established in 1996 as „intergovernmental high level forum”

✤ Two pillars:

(1) protection of Arctic environment

(2) sustainable development

The Arctic CouncilThe Arctic Council

Permanent Participants

Inuit Circumpolar Council (ICC)

Saami Council (SC)

Aleut International Association (AIA)

Gwich’in Council International (GCI)

Arctic Athabaskan Council (AAC)

Russian Association of Indigenous Peoples of the North (RAIPON)

The Arctic CouncilThe Arctic Council

Working Groups

Arctic Contaminants Action Program (ACAP)

Arctic Monitoring and Assessment Programme (AMAP)

Conservation of Arctic Flora and Fauna (CAFF)

Sustainable Development Working Group (SDWG)

Emergency Prevention, Preparedness and Response (EPPR)

Protection of the Arctic Marine Environment (PAME)

Arctic Council and marine Arctic Council and marine shippingshipping

- 2004 Arctic Climate Impact Assessment (ACIA)

„Conduct a comprehensive assessment of Arctic marine shipping at current and projected levels” to „Improve Knowledge and Understanding of the Marine Environment” (Strategic Action 7.1)

- Arctic Marine Strategic Plan (AMSP) – endorsed in November 2004

- 2004 Reykjavik Declaration PAME was requested to conduct a comprehensive Arctic marine shipping

assessment

- 2009 Tromsø Declaration – AMSA approved and SAOs requested to develop appropriate follow up

actions

- 2004 Guidelines for Transfer of Refined Oil and Oil Products in Arctic Waters (TROOP)

- April 2009 - publication of the Arctic Marine Shipping Assessment report containing 17 recommendations

- 2009 Best Practices in Ecosystem-based Ocean Management (BePOMAR)

Arctic Marine Shipping Assessment Arctic Marine Shipping Assessment (AMSA)(AMSA) - tankers - bulk carriers - offshore supply vessels - passenger ships - tug/barge combinations - fishing vessels - ferries - research vessels- government and commercial icebreakers

Negotiated 17 policy recommendations

I. Enhancing Arctic Marine Safety

II. Protecting Arctic People and the Environment

III. Building the Arctic Marine Infrastructure

Comprehensive assessment of current and future volumes of all types of shipping activities:

and the impact they may have on the environment and people living in the Arctic

AMSA follow-upAMSA follow-up

Standard part of the PAME agenda to monitor implementation of AMSA recommendations and report it to the SAOs and Ministers

October 2009 – PAME produced proposal (matrix) for actions on all 17 recommendations

Actions to be implemented at national, Arctic Regional and global levels:

1) by PAME (I(A), I(B), I(C), I(D), II(D) and II(G))

2) by other AC WG groups (I(E), II(C), II(F) and III(C))

3) nationally (II(A), II(B), II(E), II(H), III(A), III(B) and III(D))

Monitoring mechanism within PAME

Member States and Permanent Participants (PPs)- reports and information (also requested by PAME)- proposals and recommendations for actions

PAME- recommendations- invitations to provide information- coordination- communication with other WGs- reports to SAOs and Ministers- communication and outreach

Measures of implementation - Measures of implementation - examplesexamplesLegal measures:

Agreement on Cooperation on Aeronautical and Maritime Search and Rescue (SAR) in the Arctic, signed 12 May 2011 in Nuuk - ratification process is well under way

Measures to enhance knowledge:Report on Heavy fuel in the Arctic

Report on Areas of Heightened Ecological Significance

Measures to provide infrastructure:establishment of the Marine Rescue Coordination Subcenter in Tiksi, Russia

Forthcoming Agreement on Marine Oil Pollution Prevention- most likely will be signed at the May 2013 Ministerial Meeting in Kiruna, Sweden

Arctic Regional Hydrographic Commissionestablished on 6 October 2010 by the five Arctic Ocean coastal states

Guidelines for Ships Operating in Polar Waters- partially mandatory International Code of Safety for Ships Operating in Polar Waters (Polar Code)

Arctic Maritime and Aviation Transportation Infrastructure Initiative (AMATII)Arctic Indigenous Marine Use Survey (AIMUS) - Scoping paper by AIA and the Saami Council- A Circumpolar Inuit Response to the AMSA

Conclusions

Legitimacy

Region-building

Strengthening regional security

Knowledge-building and coordination

- interplay with global institutions

- indigenous and local involvement

- AC governance niches

- cognitive: providing relevant law-making institutions with pertinent knowledge

- normative: triggering regulation processes within global institutions

- lead countries (Finland, US, and Canada)

- broad representation of experts (cf. Stokke 2010)

Establishment of and compliance with the monitoring and follow-up mechanism suggest enhanced will to implement AMSA recommendations (regime-conducive foreign policy?)Engagement of all eight Arctic states

Thank you for your attention!

Questions?

e-mail: piotr.graczyk@uit.no