Bonaventura Model United Nations
25th, 26th and 27th of September
2015
Research Report
Forum:
General Assembly 4
Issue:
The question of territorial claims in the Arctic
Student Officer:
Yasmin de Fraiture
Position:
Deputy-Chair
Introduction
It is estimated that around 25 percent of the world’s oil and gas can be found underneath the Arctic
region. This makes the Arctic a very desirable region.
The United Nations Convention on the Law of the Sea (UNCLOS) came into force in November 1996.
When countries have ratified the UNCLOS, the can claim an extended continental shelf. The Artic has
been claimed by a lot of countries. The major parties involved are the United States of America, the
Russian Federation, Canada. This already caused some minor conflicts, but we should prevent the
issue of the Arctic from becoming a serious conflict.
Some 25 other countries, including other circumpolar countries, have expressed an interest in parts
of the Arctic. Most of these claims are made because of the expected oil and gas reserves in the
region of the Arctic.
In the following chapters, we will discuss key terms, a general overview, major parties involved and
the measures that have been taken and what their result was.
Climate change combined with the United Nations Convention on the Law of the Sea led to a
renewed interest in the Arctic, considering the fact that due to climate change large parts of the
Arctic are melting, which leads no numerous possibilities.
Definition of key terms
The Arctic
The Arctic or the North Pole is the most northern part of the earth. The Arctic includes parts of the
United States, Canada, Russia, Iceland, Denmark (because of Greenland), Finland, Norway, and
Sweden. the Arctic Ocean is also part of the Arctic.
Territorial claim/ land claim
When there is a territorial claim, a country has legally declared its wish to control a region. This
region can include waters, which is in this case the Arctic Ocean. These claims can be supported by
various arguments which consider different aspects of the topic, for example cultural, geographical
and economical arguments. Furthermore, laws or agreements, which already exist, are also eagerly
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used in land claims. Disagreements between countries on land claims can cause a territorial dispute
over an area. These territorial disputes could cause great conflicts between countries.
Commission on the Limits of the Continental Shelf (CLCS)
This commission consisting of experts in relevant scientific fields decides what the outer limits are of
coastal nations. They create the rules for making a territorial claim. States have to submit their claim
within 10 years of the date of ratification. The Russian Federation, Canada, Denmark and Norway
have made their claim. If the claims are deemed valid, the claimant can use the area to retrieve oil. It
should be added that a valid claim does not enlarge the EEZ of the claimant. The CLCS essentially
decides who gets to have the Arctic.
General Overview
International waters are by definition not owned by any country and the Arctic is mainly
international water. So the Arctic belongs to no one, except for the parts of the Arctic that do belong
to the aforementioned countries.
Then there is the exclusive economic zone (EEZ), which means that the countries surrounding the
Arctic can only claim the land within 200 nautical miles of their coasts.
Some countries want to claim more of the Arctic for a variety of reasons. The most common reason is
the fact that there is a great amount of resources, such as oil, gas and uranium, that can be found
within the Arctic region. Since we will be running out of certain resources, it would make sense to
claim a region where a large amount of resources can be found.
Most major parties involved make extended continental shelf claims, which means that their
argument for them to have sovereignty over a certain region would be that the continental shelf
their country lies on extends well into the Arctic region. They are of the opinion that the Arctic would
be a natural extension of their territory.
Then we have the issue of passage routes. Parts of the Arctic Ocean are used by ships from all over
the world as seaways. The best-known area is the Northwest passage, as you can see below. Not all
countries agree on the use of this passage. Some claim there should be another passage, others
would rather not have any passage in that area at all because they think it disturbs
the natural environment and it would cause pollution.
Protecting the environment is a serious concern in this matter. Because of the greenhouse effect,
most of the ice within the Arctic region is starting to melt. This makes it easier to reach parts of the
Arctic where natural resources can be found.
The extraction of these natural resources, can very easily harm the environment. The natural habitat
of some endangered species will be disrupted, which could then lead to a further decrease of the
amount of endangered animals. While it is already very low.
If materials such as uranium and oil leak into the ocean, it will have disastrous effects on the
environment. Damage to the Arctic is irreparable: it took millions of years to get to its current state,
so we will be unable to get it back.
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25th, 26th and 27th of September
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Source: http://geology.com/articles/northwest-passage.shtml
There are a few specific areas that are wanted by several state parties.
An example of such an area is the Lomonosov Ridge. It creates two basins in the Arctic Ocean. The
Eurasian basin and the Amerasian basin. The Eurasian basin is claimed by Russia, the other basin by
Denmark and Canada.
More conflicts are discussed in the next chapter.
The possibility of militarization of the Arctic has been a serious concern of numerous circumpolar
countries. Some countries see militarization as a threat to their security, and therefore they want to
avoid it at all cost.
Major Parties Involved
Canada
A significant part of Canada lies within the region of the Arctic, therefore Canada thinks it is entitled
to sovereignty in the Arctic. Also, according to Canada the Northwest passage is part of Canada’s
internal waters, while some other countries consider it international waters and therefore open
waters. Canada doesn’t agree with the United States of America which let military ships use the
passage without informing Canada about it. Additionally, the USA and Canada cannot reach
agreement on the issue of the Beaufort Sea, which lies between Alaska (American territory) and
Yukon (Canadian territory). It is thought that there are large oil reserves can be found beneath the
sea.
The United States of America
The USA state that their continental shelf is part of the Arctic region and that Alaska lies within this
region. However, they did not make a territorial claim. They have signed the UNCLOS, but have not
ratified it. So they morally support the UNCLOS, but they do not have to act upon it. Since the USA
have not ratified it, they do not have to make their official claim yet. Seeing that the Russian
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Federation is claiming and possibly militarizing the Arctic, a new conflict between the two countries
should be avoided.
Also, Canada and the United Stated of America do not agree on the use of the Northwest
passage and the Beaufort Sea. Since they are neighboring countries, they want parts of the same
area. You can find more information under the sub-heading Canada.
Norway
Under The Law of the Sea, Norway can claim the Arctic as well. The Russian Federation and Denmark
have had a boundary dispute about the Barents Sea. They favored different boundaries, which then
led to a large zone which belonged to neither of them. After years of negotiation, Russia and Norway
finally came to an agreement in 2010. Now that area is used for exploring the possibility of retrieving
natural resources
Denmark
Denmark is part of this conflict via Greenland. Greenland is part of the Arctic. Under international
maritime law, the resources could be claimed by Denmark. Hans island is and island that lies in the
Kennedy Channel. It is just a small island, but since it extends the EEZ of Canada as well as Denmark
(through Greenland), it is claimed by both. November 2012, Greenland and Canada agreed on a more
exact border, but they did not yet resolve the issue of Hans island.
If Greenland gets the Arctic, the European Union could profit from that. Denmark and the European
Union has an agreement on a unified maritime policy. Therefore the EU supports Greenland’s claim.
The Russian Federation
Russia has a continental shelf that extends into the Arctic. And so the Russians feel like they are the
rightful owners of the resources. Russia has already placed some oil rigs and other countries suspect
the Russians of placing military bases there as well. Other countries in the region of the Arctic believe
that this could endanger their security. Multiple countries consider some of Russia’s actions
provocations, such as the placement of the Russian flag underneath the Arctic. Recently, Russia has
made a claim concerning 1.2 million square kilometers of sea shelf, currently belonging to the Arctic
region.
Other circumpolar countries
Circumpolar countries such as Iceland, Sweden and Finland also claim parts of the Arctic, but are not
as involved in the dispute as other countries.
Non-circumpolar countries
There are multiple non-circumpolar countries that would like a part of the Arctic as well. Often, this
has to do with the natural resources that can be found there. Examples are China and India.
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25th, 26th and 27th of September
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Timeline
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November 1996: UNCLOS came into force
27th of November 2006: Norway makes a claim in the North East Atlantic and the Arctic
14th of June 2012: Denmark makes a large territorial claim concerning the southern
continental shelf of Greenland
26th of November 2013: Denmark makes another claim, this time concerning the northeastern continental shelf of Greenland
6th of December 2013: Canada claims a part of the Arctic
15th of December 2014: Denmark also claims the Northern continental shelf of Greenland
3rd of August 2015: Russia made a large territorial claim concerning the Arctic Ocean
Previous and possible solutions
Circumpolar countries such as Iceland, Sweden and Finland also claim parts of the Arctic, but are not
as involved in the dispute as other countries.
It would be very complicated to find a solution all major parties involved are content with. All state
parties should work together and compromise, because otherwise it will not be possible to solve this
issue.
Possible solutions would be:
a) To give every claimant a part of the Arctic;
b) To give no one a part of the Arctic;
c) Agreeing on one country’s claim, and not agree on the others;
d) Not allowing the extraction of any natural resources such as gas, oil and uranium;
e) Restricting the amount of power the CLCS has;
f) To give the CLCS more power;
g) To make the North pole no-man’s-land, so that no one can have it.
Bibliography
http://www.munish.nl/pages/downloader?code=ga101&comcode=ga1&year=2014
https://en.wikipedia.org/wiki/Territorial_claims_in_the_Arctic
http://geology.com/articles/who-owns-the-arctic.shtml
http://geology.com/articles/northwest-passage.shtml
http://www.arctic-info.com/Encyclopedia/Rubric/countries-and-regions
https://en.wikipedia.org/wiki/Hans_Island#History_and_disputed_sovereignty
http://geology.com/articles/northwest-passage.shtml
http://geology.com/articles/who-owns-the-arctic.shtml
https://en.wikipedia.org/wiki/Barents_Sea#Political_Status
https://en.wikipedia.org/wiki/Territorial_claims_in_the_Arctic#Beaufort_Sea
http://geology.com/articles/arctic-ocean-features/
http://www.arctic-info.com/Encyclopedia/Rubric/countries-and-regions
http://arcticcontroversy.weebly.com/unclos--clcs.html
http://unclosdebate.org/argument/1717/us-cant-secure-claims-arctic-resources-through-clcs-nonparty-unclos
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Bonaventura Model United Nations
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http://www.un.org/Depts/los/clcs_new/commission_submissions.htm
http://www.theglobeandmail.com/globe-debate/why-canada-us-must-resolve-their-arctic-borderdisputes/article21189764/
http://www.parl.gc.ca/Content/LOP/ResearchPublications/prb0834_13-e.htm
http://www.volkskrant.nl/buitenland/russische-vlag-wappert-onder-de-noordpool~a868620/
http://www.politico.eu/article/china-and-india-go-arctic-sanctions-gas-oil-exploration-lng/
Appendix
The UNCLOS
http://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf
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