ConclusionsConclusions- The Arctic Ocean is certainly nearer to a “CRAMRA period rather than a “Madrid Protocol phase”Arctic is both an environmental and UNCLOS common concern

!To reinforce protection for mineral exploitation: UNCLOS (Part XII, A new 234?); Arctic Council (“Regional” Standard); National Legislation implementation and enforcement!To strengthen international cooperation: What solution for a Decision

Making Level effective, aware and participatory?

- The Arctic Ocean is certainly nearer to a “CRAMRA period rather than a “Madrid Protocol phase”Arctic is both an environmental and UNCLOS common concern

To reinforce protection for mineral exploitation: UNCLOS (Part XII, A new 234?); Arctic Council (“Regional” Standard); National Legislation implementation and enforcement

To strengthen international cooperation: What solution for a Decision Making Level effective, aware and participatory?

!

!

- Antarctic is a global concern. Special status and protection. No mineral exploitation until 2048!Extending protection to the Antarctic Convergence?!To achieve a ATS mediated agreement on Bioprospecting!Reinforce ATS institutionalization for strenghthening control on activities!Entry into force of the special liability regime (Annex VI)

- Antarctic is a global concern. Special status and protection. No mineral exploitation until 2048

Extending protection to the Antarctic Convergence?To achieve a ATS mediated agreement on BioprospectingReinforce ATS institutionalization for strenghthening control on activitiesEntry into force of the special liability regime (Annex VI)

!

!

!

!

A scientific/legal Extension as anywhere?

Is the exploitation of its resources a issue as anywhere?

A scientific/legal Extension as anywhere?

Is the exploitation of its resources a issue as anywhere?

ARCTIC POPs; Indigenous Rights; Melting Ice and Climate Change

ARCTIC POPs; Indigenous Rights; Melting Ice and Climate Change

General RemarksIPCC5: address role of the Polar Regions and of the Ocean in the global climate

system and in carbon cyclingStrengthen polar environmental protection and its effectiveness

Complexity to obtain the seismic data

General RemarksIPCC5: address role of the Polar Regions and of the Ocean in the global climate

system and in carbon cyclingStrengthen polar environmental protection and its effectiveness

Complexity to obtain the seismic data

OzoneInhabitedSpace for research

OzoneInhabitedSpace for research{

Outer Limit of the CS in Polar Regions

Outer Limit of the CS in Polar Regions

S C I E N T I F I C PERSPECTIVE. The CS is the extension of the continent's landmass under the ocean, part of the continental margin between the shoreline and the shelf break3 Aspects of prolongation: morpholog ic , geo log ic , tectonic

S C I E N T I F I C PERSPECTIVE. The CS is the extension of the continent's landmass under the ocean, part of the continental margin between the shoreline and the shelf break3 Aspects of prolongation: morpholog ic , geo log ic , tectonic

The extension on Limits of the Continental Shelf (CS). CLCS Procedure: Article 76 and Annex IIThe extension on Limits of the Continental Shelf (CS). CLCS Procedure: Article 76 and Annex II

LEGAL PERSPECTIVE. The CS comprises the

submerged prolongation of the land territory (UNCLOS, Article 76)

! that extend to the outer edge of the continental margin [seabed and subsoil of the shelf + the slope + the rise]! or to a distance of 200 NM where the continental margin does not extend up to that distanceThe continental margin does not include the deep ocean floor with its oceanic ridges or the subsoil thereof (76.3)

LEGAL PERSPECTIVE. The CS comprises the

submerged prolongation of the land territory (UNCLOS, Article 76)

that extend to the outer edge of the continental margin [seabed and subsoil of the shelf + the slope + the rise]

or to a distance of 200 NM where the continental margin does not extend up to that distanceThe continental margin does not include the deep ocean floor with its oceanic ridges or the subsoil thereof (76.3)

!

!

- Test of Appurtenance (prolongation and entitlement beyond 200 MM)- Determination of the Foot of the Continental Slope (FOS) (CLCS/11; 1999)- Delineation of the outer edge of the continental margin: Hedberg and Gardiner Formulas- Recommendations

- on the establishment of the other limits of the CS (constraints 76. 5/6)-without prejudice of delimitation of CS between States with opposite or

adjacent coasts

- Test of Appurtenance (prolongation and entitlement beyond 200 MM)- Determination of the Foot of the Continental Slope (FOS) (CLCS/11; 1999)- Delineation of the outer edge of the continental margin: Hedberg and Gardiner Formulas- Recommendations

- on the establishment of the other limits of the CS (constraints 76. 5/6)-without prejudice of delimitation of CS between States with opposite or

adjacent coasts

- Submissions (76.8) with scientific and technical evidence (SPLOS/183 Pre. Info, 2008)- Demonstrate beyond the (200) distance criterion- Give other useful information (subcommittee)

- “10 years clause”: Decision SPLOS/72 (2001)- National delimitation

- Limits established on the basis of the recommendations (76.8)- Due publicity (84)

- Delimitation between States: equitable solution (bilateral Agreement; 83)

- Submissions (76.8) with scientific and technical evidence (SPLOS/183 Pre. Info, 2008)- Demonstrate beyond the (200) distance criterion- Give other useful information (subcommittee)

- “10 years clause”: Decision SPLOS/72 (2001)- National delimitation

- Limits established on the basis of the recommendations (76.8)- Due publicity (84)

- Delimitation between States: equitable solution (bilateral Agreement; 83)

CLCS - Experts in geology, geophysics or hydrography. - A scientific role for the establishment on limits beyond the 200 MM, with a legal value - FOS as relevant criteria

CLCS - Experts in geology, geophysics or hydrography. - A scientific role for the establishment on limits beyond the 200 MM, with a legal value - FOS as relevant criteria

-What is to be determined is the geographical extent of the exercise of coastal rights- Procedural and substantive content of 76.8- Any claim of CS rights beyond 200 MM “must be in accordance with Article 76 of UNCLOS and reviewed by the CLCS established thereunder” (ICJ, Nic. V. Hon, 2007)- Harmonization between Part VI (CS) and Part XI (Area)

-What is to be determined is the geographical extent of the exercise of coastal rights- Procedural and substantive content of 76.8- Any claim of CS rights beyond 200 MM “must be in accordance with Article 76 of UNCLOS and reviewed by the CLCS established thereunder” (ICJ, Nic. V. Hon, 2007)- Harmonization between Part VI (CS) and Part XI (Area)

Polar continental shelves. Claims and exploitation of mineral sea resources.A comparative analysis

Arctic RegionArctic Region

Semi-closed ocean!Sea Ice 5-15 mill. Km2!60% of sea-floor is CS

!Issue of Arctic Ridges

Semi-closed oceanSea Ice 5-15 mill. Km260% of sea-floor is CS

Issue of Arctic Ridges

Undisputed SovereigntyOf 5 Coastal States- CLCS procedure- Delimitation between States (76.10 and 83)

Undisputed SovereigntyOf 5 Coastal States- CLCS procedure-

(76.10 and 83)Delimitation between

States

- Gakkel Ridge = Oceanic ridge (76.3)- Lomonosov Ridge?- Alpha-Mendeleev Ridge?- CLCS. Mohns/Knipovich Ridge system = part of the deep ocean floor

- Gakkel Ridge = Oceanic ridge (76.3)- Lomonosov Ridge?- Alpha-Mendeleev Ridge?- CLCS. Mohns/Knipovich Ridge system = part of the deep ocean floor

Oceanic ridges of the deep ocean floor, submarine elevations natural components of the cont. margin, or submarine ridges?Russia/Canada/Denmark V. US

Oceanic ridges of the deep ocean floor, submarine elevations natural components of the cont. margin, or submarine ridges?Russia/Canada/Denmark V. US

! Bilateral/Regional Issue Ilulissat Declaration (2008)!For arctic States, UNCLOS regime and Arctic Council are the essential foundation to ensure sustainable management of activities

? Bilateral/Regional Issue ?Ilulissat Declaration (2008)For arctic States, UNCLOS

regime and Arctic Council are the essential foundation to ensure sustainable management of activities

! International Issue? International Issue?

{

Scientific “Help”!Submarine ridge (76.6) does not correspond to a precise scientific term!Natural Prolongation + Location!Oceanic V. Submarine Ridges!Submarine prolongation V. Natural Elevation!Assessment of the morphologic, geologic and tectonic relationship with the land mass!Shares one/more OR

ALL the characteristics ? Component of the margin (elevation) or Prolongation (ridge)!“Reykjanes dilemma”

Scientific “Help”

Natural Prolongation + Location

Assessment

Shares

elevation) or ridge)

!Submarine ridge (76.6) does not correspond to a precise scientific term!

!

!

! of the morphologic, geologic and tectonic relationship with the land mass! one/more OR

ALL the characteristics

Component of the margin (Prolongation (!“Reykjanes dilemma”

Oceanic V. Submarine RidgesSubmarine prolongation V.

Natural Elevation

?

Antarctic RegionAntarctic Region

Legal meansDefinition by reference to natural prolongation = areas either continental and/or oceanic in origin (ILA)Right to extend. Lyingand sharing some of the morphological characteristics, ridge should not interrupt the State’s right to extendNot application of depth criterion constraint.

Legal meansDefinition by reference to natural prolongation = areas either continental and/or oceanic in origin (ILA)

. Lyingand sharing some of the morphological characteristics, ridge should not interrupt the State’s right to extend

.

Right to extend

Not application of depth criterion constraint

Preventing that the outer limit of the CS exceed a line drawn 350 NM (creeping jurisdiction).IBCAO: the Lomonosov Ridge, before considered a continuum has a far more complex morphology

Preventing that the outer limit of the CS exceed a line drawn 350 NM creeping jurisdiction .IBCAO: the Lomonosov Ridge, before considered a continuum has a far more complex morphology

( )

Art. 136. The Area and its resources are the common heritage of mankind. UNGA, Agreem on Implementation (94)

Art. 136. The Area and its resources are the common heritage of mankind. UNGA, Agreem on Implementation (94)

At least two “new Holes” belong to the international community

At least two “new Holes” belong to the international community

!To harmonize activities among UNCLOS bodies

!ISA competence is limited. Not right to take part in the determination of the common boundary. ISA does not possess the locus standi with respect to any dispute concerning ECS!Settlement of Disputes Arising From Conflicting Outer CS

!(Parties. Settlement procedures under Part XV; ISA. Advisory opinion from the Sea-Bed Disputes Chamber (Part XI; ITLOS case no. 17)!Common heritage of mankind, the respect of status of the Area as an

obligation erga omnes? Actio popularis for each UNCLOS State Party?

!To harmonize activities among UNCLOS bodies

!

Settlement of Disputes Arising From Conflicting Outer CS

!

!

ISA competence is limited. Not right to take part in the determination of the common boundary. ISA does not possess the locus standi with respect to any dispute concerning ECS

(Parties. Settlement procedures under Part XV; ISA. Advisory opinion from the Sea-Bed Disputes Chamber (Part XI; ITLOS case no. 17)

Common heritage of mankind, the respect of status of the Area as an obligation UNCLOS State Party?

!

erga omnes? Actio popularis for each

Antarctic Treaty SystemATS

1. Peace 2. Status ofAntarctica (”freeze”) 3. Primacy of science 4.Special protection of the environment(preservation of Antarctica, protection of Southern Waters)

Antarctic Treaty SystemATS

1. Peace 2. Status ofAntarctica (”freeze”) 3. Primacy of science 4.Special protection of the environment(preservation of Antarctica, protection of Southern Waters)

Scientific IssueArchive!Laboratory for the conduct of scientific research: 3rd IPY (1957), on the basis of the Antarctic Treaty (AT, 1959)Engine!Southern hemisphere's climatic and oceanic systems; Critical part of the Earth's biosphere

Scientific Issue

Laboratory for the conduct of scientific research: 3rd IPY (1957), on the basis of the Antarctic Treaty (AT, 1959)

Southern hemisphere's climatic and oceanic systems; Critical part of the Earth's biosphere

Archive

Engine

!

!

Antarctica is!a land mass covered for 99% by Ice!the mean thickness of the Antarctic ice sheet is 2.16 km: 30 million billion tones- East. “Terrestrial” ice sheet - West. “Marine” ice sheet (Byrd Subglacial Basin - 2538 m)

Antarctica is

the mean thickness of the Antarctic ice sheet is 2.16 km: 30 million billion tones- East. “Terrestrial” ice sheet - West. “Marine” ice sheet (Byrd Subglacial Basin - 2538 m)

!a land mass covered for 99% by Ice!

!Geological evolution + glacial isostasy and erosion…= great depth, irregular topography, landward-sloping profile of the Antarctica CS!surrounded by an ocean!3-18 million km2 of ocean covered by sea ice!Ice shelves concern more than 50% of coasts

= difficult to define the limit of the coasts, low water line

!Geological evolution + glacial isostasy and erosion…

!!3-18 million km2 of ocean covered by sea ice!Ice shelves concern more than 50% of coasts

= great depth, irregular topography, landward-sloping profile of the Antarctica CS

= difficult to define the limit of the coasts, low water line

surrounded by an ocean

Original Functional InternationalizationOriginal Functional Internationalization

Clause of “agreement of disagreement” on Antarctica status (AT, IV)

Clause of “agreement of disagreement” on Antarctica status (AT, IV)

Submissions. Challenge to the constructive ambiguity! 7 claimant States: clause freezes sovereignty = 3+3 submissions + 1 Prelim.Info!Non-claimants:Pacta sunt servanda + baselines / coastal fronts + IV.2!Parties confirm the importance of consistency between AT & UNCLOS and the continued cooperation in Antarctica

Submissions. Challenge to the constructive ambiguity

7 claimant States: clause freezes sovereignty = 3+3 submissions + 1 Prelim.Info

Non-claimants:Pacta sunt servanda + baselines / coastal fronts + IV.2

consistency between AT & UNCLOS and the continued

!

!

!Parties confirm the importance of

cooperation in Antarctica

Exploitation: Protocol and ATS consensus!Natural reserve (Antarctic and ecosystems)! . Practice on mineral activities, other than scientific, is not consistent with the common interest to preserve the area

Moratorium

Exploitation: Protocol and ATS consensusNatural reserve (Antarctic

and ecosystems). Practice on

mineral activities, other than scientific, is not consistent with the common interest to preserve the area

!

!Moratorium

Concordance between conventional systems!ATS V. UNCLOS: Antarctic jurisdiction V. Area + moratorium V. Equitable sharing + C.Parties V. ISA!Harmonization: strict application of Part XII + UNGA “Question of Antarctica”: Protocol =ATS Legitimacy

Concordance between conventional systems

Protocol =ATS Legitimacy

!ATS V. UNCLOS: Antarctic jurisdiction V. Area + moratorium V. Equitable sharing + C.Parties V. ISA!Harmonization: strict application of Part XII + UNGA “Question of Antarctica”:

Sub-antarctic SubmissionsUndisputed rights, exercise involves in ecosystem approach (CCAMLR)!Recommandations regarding Australian submission!The ECS falls within the limits of the Treaty;HIMI ECS intersected with the 200 MN line from the (claimed) Australian territory!Question of submarine prolongation: Kerguelen Plateau, Skiff and Elan Banks = natural component; William Ridge = depth constraint criteria not justified

Sub-antarctic SubmissionsUndisputed rights, exercise involves in ecosystem approach (CCAMLR)Recommandations regarding Australian

submissionThe ECS falls within the limits of the Treaty;HIMI

ECS intersected with the 200 MN line from the (claimed) Australian territoryQuestion of submarine prolongation: Kerguelen

Plateau, Skiff and Elan Banks = natural component; William Ridge = depth constraint criteria not justified

!

!

!

Ice Mass Balance, Glacial Isostasy and Implications for Sea-level Change

Ice Mass Balance, Glacial Isostasy and Implications for Sea-level Change

Danilo Comba. Doctorate joint programme (Nice and Milano-Bicocca) - combadanilo@fastwebmail.it Arctic Frontiers conference 2011 - Arctic Tipping Points