The Arctic – An Ocean Surrounded By Land, Both In Demand | By Tom Talbott
As a young man in Warren, Ohio, Charles Norchi was awarded a Rotary Scholarship that enabled his graduate study in Geneva, Switzerland. We were the recipient of Professor Charles Norchi’s vast legal knowledge and insight via his work these days as the Director of the Center for Oceans & Coastal Law.
The “Arctic States,” those who have some claim to land mass in the Arctic circle, include the US, Canada, Russia, Denmark by virtue of Greenland, Iceland, Norway, Sweden, and Finland. Together they form what is known as the Arctic Council. The most important part of all this geography is what is in the middle – an ocean. The Arctic circle is essentially water surrounded by land, contrasted by the Antarctic, which is land surrounded by water. Whereas Antarctica is governed by one legal regime – the Antarctic treaty, the Arctic region with the 8 Arctic states, has no single formal treaty, with the one exception of a United Nations Convention of the Law of the Sea.
Maine Law School has the only Arctic law program in the US, one of two in the world, the other in Finland. The Center collaborates extensively with scientists at UMaine, particularly through their Climate Change Institute. A recent $3 million grant from the National Science Foundation, provides students with stipends to support scholarships and send them into the Arctic for field experience. Maine has a long tradition with respect to the Arctic, starting with Robert Peary, a Mainer, and first to reach the North Pole.
The Arctic Ocean is the world’s smallest ocean. Between the 8 countries, social interaction is limited due to the geography, cold, darkness, and ice. Shifting climates have seen recent ice retreat. Areas that were once isolated, are now becoming accessible. It is a geopolitical theatre in both maritime and land operations, contested by US/NATO and Russia. China and India also have strategies in play. Demands for access, and control of the region are becoming more intense.
The current sea route along the Canadian border continues to be the Northwest Passage. It is contested from a legal standpoint, because Canada asserts that the passage is in internal waters, and the US and the EU consider it a strait for international navigation under the aforementioned United Nations law. The other route is the Russian Sea Route, which currently sees the most overall traffic. Russia claims this is their territorial sea, and with 40 icebreakers on hand, Putin imposes heavy fees to use the lane. The US and EU naturally oppose that viewpoint, and the result is rising tension.
Any vessel sailing in the Arctic must comply with a new international agreement named the “Polar Code”. The code mandates structural engineering and strengthening of ships so they can be designated as a “Polar Class Vessel”. Once certified as a PCV, it will allow for more aggressive sea routes, which includes not having to use the Russian Sea Route and paying Putin. It also mandates certain “Search and Rescue” and survival gear and safety techniques on those vessels. The cost of S&R in this region is extremely high, and dangerous. When a passenger ship came down thru the Northwest Passage last year, there was heightened concern that if this trend increases, the potential for an accident/ collision with a shipping vessel is heightened. Maine Maritime Academy in Castine was very involved in the development of the Polar Code. Charles noted that the Council has subdivided the region into zones of cooperation and responsibility for more efficient S&R events.
Norchi explored many different scenarios and changes in the region. One will be the ability within the next year for Eimskip shipping based out of Portland, to begin direct trade routes to Greenland. Previously, traffic had to go to Denmark first, because Denmark insisted that Greenland shipping was under their jurisdiction.
In two years, the US will rotate into the position of being the Chair of the Arctic Council, and the meeting of the Council will take place here in Portland. This generates a lot of interest, beyond diplomacy and environmental issues, but it helps to attract a lot of business and trade interest as well.
The Council is one of the few international organizations that allows indigenous people to participate at the table. There are also observer states, countries that have keen interests in the region, including China, South Korea, Singapore, and India. Norchi noted that South Korea is a major player in shipping and ship construction.
The International Agreement for Scientific Cooperation was spawned by the existence of the Antarctic Treaty, which was initiated by President Dwight Eisenhower. One of its key points is to maintain a peaceful area, free of the intensities of the cold war and territorial claims, and to just focus on scientific exploration and cooperation.
The Chinese are working very hard to establish new routes that will benefit them, while also raising eyebrows over discussions of creating new islands to claim territorial rights. Going forward are what goals are going to make sense for the region, and the legal maneuverings that will take place between the countries. When a Russian submarine planted a flag underneath the North Pole, it had no legal value whatsoever, it was purely symbolic, and yet it did rattle many cages.
Charles circled back to the $3 million grant, and the impact it would have on students training and learning the changing legal landscapes of the Arctic. The program includes field work, going on expeditions, putting students from different disciplines together in the field, all of which is invaluable. Covid has set the program back, with restrictions on group travel, but this June 2022, the planes, zodiacs, and kayaks are lined up ready to roll. They will head to southern Greenland.
We can envision what a scientist would do, but what is a lawyer going to do on these expeditions? The word is compliance. For every science project, anywhere in the world, it must follow a plethora of strict legal guidelines, that follow both international law as well as the local laws of the country where it takes place. In the case of Greenland, controlled by Denmark, it means not only do we have Danish laws to understand, but also the home rules of Greenland. Lawyers and the scientists in the field must work together to make sure the project proceeds correctly.
Bowen Depke posed the first question noting that with all the major stakeholders, what are the top things that we should be concerned about going forward? Charles is worried about our capacity to operate in the Arctic. Resources, meaning icebreakers, and communication abilities need to be upgraded. Also, Greenland is moving towards independence from Denmark. If this happens, Denmark is no longer an Arctic country, which displaces them from the Council. In addition, if Greenland becomes independent, but decides not to remain in NATO, it is a great worry to our US military that has a major base in northern Greenland. It affects our scientific abilities too, because we rely on military aircraft to penetrate the difficult-to-reach areas where ice core samples are taken. Climate change is changing the landscape and we will need to know how to operate in new conditions. This includes mining. The money behind a proposed uranium mine, owned by an Australian company, is from Chinese investors.
Emily is a commercial litigator and attorney in Portland and has a lineage of past Rotary presidents from the Belfast Rotary Club including her mother and her grandmother. Emily was introduced to and attended many Rotary projects as a kid there and is now being welcomed into our club. Emily and her husband spent about 10 years in Boston, and they are working towards residing in Falmouth. A Bates College grad, Emily earned her JD at Boston College. Please welcome Emily to the club when you get a chance.
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