The place of the Arctic Council in regional shipping governance

1. Piotr Graczyk • University of Tromsø • Arktyka z perspektywy pierwszej dekady XXI wieku: między rywalizacją a współpracą • Wrocław, 23-24.11.2012 The place of the Arctic Council in regional shipping governance

2. Overview of presentation • Shipping in the Arctic • Arctic shipping regime • Relevant Arctic Council’s work • Conclusions

3. Shipping in the Arctic Arctic shipping routes Source: New York Times

4. Shipping in the Arctic Arctic sea ice extent Source: Cryosphere Today, University of Illinois at http://arctic.atmos.uiuc.edu/cryosphere/

5. Current use and prospects Shipping in the Arctic - Largely destinational, not trans-arctic - Shipping along the NSR increases, but still is marginal compared to traditional routes 2010 - 4 vessels transported about 110 000 tons 2011 - 34 vessels transported a total of 820 789 tons 2012 - 40-41 vessels transported about 1.3 million tons • - Arctic Climate Impact Assessment (ACIA) 2004, • Key finding #6: • „Reduced sea ice is very likely to increase marine transport and access to resources”

6. GLOBAL Arctic shipping regime REGIONAL DOMESTIC

7. Global arrangements Arctic 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)

8. Regional arrangements Arctic 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)

9. Established in 1996 as „intergovernmental high level forum” The Arctic Council • Two pillars: • protection of Arctic environment • sustainable development • 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

10. 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 Council

11. 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) The Arctic Council

12. Arctic Council and marine shipping - 2004 Arctic Climate Impact Assessment (ACIA) • - Arctic Marine Strategic Plan (AMSP) • – endorsed in November 2004 „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) - 2004 Reykjavik Declaration PAME was requested to conduct a comprehensive Arctic marine shipping assessment - 2004 Guidelines for Transfer of Refined Oil and Oil Products in Arctic Waters (TROOP) - 2009 Best Practices in Ecosystem-based Ocean Management (BePOMAR) • - 2009 TromsøDeclaration • – AMSA approved and SAOs requested to develop appropriate follow up actions - April 2009 - publication of the Arctic Marine Shipping Assessment report containing 17 recommendations

13. Comprehensive assessment of current and future volumes of all types of shipping activities: - tankers - bulk carriers - offshore supply vessels - passenger ships - tug/barge combinations - fishing vessels - ferries - research vessels - government and commercial icebreakers Arctic Marine Shipping Assessment (AMSA) and the impact they may have on the environment and people living in the Arctic Negotiated 17 policy recommendations I. Enhancing Arctic Marine Safety II. Protecting Arctic People and the Environment III. Building the Arctic Marine Infrastructure

14. Standard part of the PAME agenda to monitor implementation of AMSA recommendations and report it to the SAOs and Ministers AMSA follow-up 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

15. Legal 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 of implementation - examples Forthcoming Agreement on Marine Oil Pollution Prevention - most likely will be signed at the May 2013 Ministerial Meeting in Kiruna, Sweden Guidelines for Ships Operating in Polar Waters - partially mandatory International Code of Safety for Ships Operating in Polar Waters (Polar Code) Measures to enhance knowledge: Report on Heavy fuel in the Arctic Report on Areas of Heightened Ecological Significance Arctic Regional Hydrographic Commissionestablished on 6 October 2010 by the five Arctic Ocean coastal states 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 Measures to provide infrastructure: establishment of the Marine Rescue Coordination Subcenter in Tiksi, Russia

16. Knowledge-building and coordination - interplay with global institutions Conclusions - AC governance niches - cognitive: providing relevant law-making institutions with pertinent knowledge - normative: triggeringregulation processes within global institutions Legitimacy - lead countries (Finland, US, and Canada) - indigenous and local involvement - broad representation of experts (cf. Stokke 2010) Region-building 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 Strengthening regional security

17. Questions? • e-mail: piotr.graczyk@uit.no Thank you for your attention!