US and Canada scheduled to map the Arctic Continental Shelf together again in 2010; Canada also maps with AUVs

The icebreakers USCGC Healy and CCGS Louis S. Saint-Laurent are scheduled to sail together again this summer, continuing the bilateral Canadian-US cooperation in mapping the extended continental shelf (ECS) in the Arctic Ocean.  This summer’s joint efforts will focus on the Canada Basin. 

The Healy ECS mapping cruise is scheduled from August 2-September 2, 2010, so as to coincide with the Louis’ schedule.The Healy’s proposed cruise track and proposed cruise plan are both posted on icefloe.net which provides science planning information for the U.S. icebreaker fleet. The U.S. Chief Scientist for HLY 1002 is Brian Edwards  of the U.S. Geological Survey, Western Coastal & Marine Geology Program.

General information on the Canadian ECS effort is available from the Ministry of Foreign Affairs and International Trade (DFAIT).  As reported by both DFAIT and in the media, this spring Canadian scientists have also been gathering data for Canada's ECS submission from their base at the Borden Island Ice Camp, in Canada’s western Arctic archipelago.  In April they first deployed a Canadian-made autonomous underwater vehicle (AUV), the Arctic Explorer, designed and built by International Submarine Engineering Ltd (ISE) of Port Coquitiam, B.C. Media reports tell of the AUV obtaining detailed multi-beam images of the Sever Spur on a three-day deployment. The Arctic Explorer is one of two such AUVs that Canada acquired in September 2009 to map its Arctic seabed and is equipped with a 200 kHz multi-beam sonar.  

Canada is expected to make its submission to the Commission on the Limits of the Continental Shelf in December 2013, so as to meet its deadline under the UN Convention on the Law of the Sea.  The United States has not yet acceded to the Convention.

International Governance and Regulation of the Marine Arctic - WWF Report proposes treaty framework

In the same week that Russia and Norway announced their agreement on a longstanding maritime boundary dispute in the Barents Sea and the Arctic Ocean, WWF released a new iteration of its ongoing study International Governance and Regulation of the Marine Arctic [PDF].


The document released this week builds on the initial 2009 Gap Analysis and now combines three elements:  I. Overview and Gap Analysis, II. Options for Addressing Identified Gaps and III. A Proposal for a Legally Binding Instrument.   The proposed instrument seeks to move beyond the position that the UN Convention on the Law of the Sea and existing political and legal framework are adequate to address the rapidly changing situation in the Arctic.

The Report (III.§3.2) identifies eight basic features the framework instrument would exhibit, the first three of which are: 
"•  It would be a regional, legally binding framework instrument that complements and is compatible with the LOS Convention;
 •  The Arctic Council would become the primary body or forum of this instrument, with a mandate focused on providing strategic guidance rather than on regulation; 
• The spatial mandate of the Arctic Council would be limited to the marine environment  of the Arctic within (a) the area north of 60° North, (b) left undefined, or (c) the Arctic Ocean, as defined."

Part III of the Report also identifies which components of the Antarctic Treaty System the authors deem suitable for modification in an arctic agreement (e.g. use for peaceful purposes only)  and which they do not (e.g. an indefinite ban on mineral resource activities).


The exhaustively researched Report analyzes numerous existing agreements that have the potential to serve as models, in part, for an Arctic marine environment framework instrument.


The Report was commissioned by the WWF International Arctic Program and authored by Timo Koivurova and Erik Molenaar.  

Norway and Russia agree on the bilateral maritime delimitation in the Barents Sea and the Arctic Ocean

 UPDATE 7 JUNE 2011 - TREATY RATIFIED, WILL ENTER INTO FORCE 7 JULY 2011:

        Russia and Norway have now both ratified their treaty "concerning Maritime Delimitation and Cooperation in the Barents Sea and the Arctic Ocean, which will enter into force on July 7, 2011.  See Norway, Ministry of Foreign Affairs, Press release, June 7, 2011, "Norway and Russia ratify treaty on maritime delimitation."

UPDATE 15 SEPTEMBER 2010, MURMANSK:

      Norway and Russia sign the "Treaty between the Kingdom of Norway and the Russian Federation concerning Maritime Delimitation and Cooperation in the Barents Sea and the Arctic Ocean."  The press release from the Office of the Prime Minister of Norway also links to the Norwegian (Overenskomst mellom Kongeriket Norge og Den Russiske Føderasjon om maritim avgrensning og samarbeid i Barentshavet og Polhavet) and Russian (Читайте текст Договора на русском языке) language originals of the agreement, as well as an  English  language translation and a map of the agreed delimitation.

The following press release is courtesy of the IBRU int-boundaries discussion list.  Other reports appear in Prime-TASS, the New York Times and the Associated Press.

http://www.norwaypost.no/news/stoltenberg-a-historic-day.html


BEGIN QUOTE
Stoltenberg: - A historic day!

Tuesday, 27 April 2010 12:03

An agreement has been reached between the Norwegian and the Russian negotiating delegations on the bilateral maritime delimitation in the Barents Sea and the Arctic Ocean.

This was annouced by Norwegian Prime Minister Jens Stoltenberg at a joint press conference with Russian President Dimitrij Medvedev on Tuesday.

“This is a historic day. We have reached a breakthrough in the most important outstanding issue between Norway and the Russian Federation,” said Prime Minister Stoltenberg.

The agreement was officially announced later Tuesday in a joint statement by the Foreign Ministers of Norway and the Russian Federation. It is based on the joint statement, which Prime Minister Stoltenberg and President Medvedev will sign later in the day.

According to the joint statement, the two negotiating delegations have reached agreement on the maritime delimitation between Norway and the Russian Federation in the Barents Sea and the Arctic Ocean, which has been the object of extensive negotiations over the last 40 years. The negotiations have now been completed, but some technical control work remains before the final treaty is ready for signature. After that it will be put before the two countries’ national assemblies.* 

“The agreement is the result of meticulous efforts on the basis of international law, and is an expression of the great importance attached to international law by Norway and the Russian Federation as coastal states. The negotiated solution appears to be well balanced and will
benefit both our countries,” said Prime Minister Stoltenberg.

The recommended solution involves a maritime delimitation line that divides the overall disputed area of about 175 000 square kilometres in two parts of approximately the same size. In addition to a maritime delimitation line, the two delegations recommend the adoption of treaty provisions that would maintain and enhance cooperation with regard to fisheries and management of hydrocarbon resources  In the field of hydrocarbon cooperation, the two delegations recommend the adoption of detailed rules and procedures ensuring efficient and responsible management of their hydrocarbon resources in cases where any single oil or gas deposits should extend across
the delimitation line.

“Agreement on the maritime delimitation line opens up new prospects for cooperation in the north on resources, trade and industry, employment opportunities and people-to-people cooperation across our common border. This is a historic day, especially for our populations in the north. I want to extend my thanks to our two Foreign Ministers and the negotiators for their extensive efforts, which have now proved successful,” said Mr Stoltenberg.
END QUOTE (*emphasis added)


Thanks to Ilan Kelman for posting to the IBRU int-boundaries discussion list.

Further Beaufort Sea boundary developments

Update: See the September 27, 2011 post for information on technical discussions anticipating resolution of Beaufort Sea maritime boundary.


May 12, 2010 update: Canada's Foreign Minister Lawrence Cannon, speaking at  the 40th Annual Washington Conference on the Americas, publicly invited the United States to begin negotiations to resolve the Beaufort Sea boundary, as reported in the Montreal Gazette.

As originally posted in March 2010:

"Our Government will also work with other northern countries to settle boundary disagreements."

         Her Excellency the Right Honourable Michaëlle Jean,  Canada's Governor General,  March 3, 2010  Federal Speech from the Throne.


The Speech from the Throne makes  no mention of specific boundary disputes but adds weight to comments from the Department of Foreign Affairs and International Trade in late February that movement toward resolution of the Beaufort Sea dispute is desirable.   


A workshop held in Anchorage on March 6, 2010, provided a venue for U.S. and Canadian international law experts and others to discuss possible paths toward resolution of the Beaufort Sea boundary.  Media reports of the workshop offer graphics (see "Photo 2" and below) illustrating how the positions Canada and the U.S. have traditionally espoused with respect to the disputed boundary landward of the 200 nautical mile EEZ limit may in fact be to their detriment seaward of that line with respect to the extended continental shelf.  Historically Canada has taken the position that the 141st land meridian should extend into the Beaufort Sea landward of the 200 nautical mile EEZ, while the U.S. has argued for an equidistance line that runs to the east of that meridian.**  The workshop was organized by Professor Michael Byers, University of British Columbia, with the assistance of the Institute of the North in Anchorage.


In keeping with the well-managed character of the Beaufort Sea boundary disagreement, Canada and the United States cooperated on joint scientific cruises to map the Arctic continental shelf in 2008 and 2009, and will do so again this summer.  Bathymetric and other data gathered on joint and individual cruises have begun to make more evident the potential for both countries to extend their continental shelf seaward of their respective EEZs.  However, more data is needed before any conclusions can be drawn as to the extent of their respective shelves or of any overlap.

For possible approaches to the dispute see "Filling an Arctic Gap: Legal and Regulatory Possibilities for Canadian-U.S. Cooperation in the Beaufort Sea".  

**NOTE: Neither Canada nor the U.S. has stated any official position nor made any "claim" regarding the boundary seaward of 200 nautical miles.

Image Credit: Sovereign Geographic. 
Click image to enlarge.
Coalter@sovereigngeographic.com 202.905.5820