Contention Over the Arctic
Canada Files Submission on Arctic Ocean Continental
Shelf
- Peter Ewart -
This map is part of the Canadian government's submission to the United
Nations
Commission on the Limits of the Continental Shelf.
Under the United Nations Convention on the Law of the
Sea
(UNCLOS), all coastal states have a continental shelf extending
200 nautical miles. However, it could extend beyond 200 nautical
miles if the shelf is a "natural prolongation of [the state's]
land territory." This latter is often referred to as the
"extended" or "outer" continental shelf and applies in the case of an
estimated 85
countries.
In this regard, on May 23, the Canadian government filed
a
2,100-page submission with the UN Commission on the Limits of the
Continental
Shelf regarding Canada's continental shelf in the
Arctic Ocean. Article 76 of UNCLOS "sets out a process for states
to determine the limits of the continental shelf" and involves
making a submission to an expert body of the Commission and
having it reviewed.
This UNCLOS process is part of a compromise that
"balances
recognition of the inherent rights of a coastal state over its
continental shelf with the interest of the international
community in defining the limits of seabed beyond national
jurisdiction."
To establish the outer limits of the shelf, technical
and
scientific data is gathered on the physical attributes of the
seabed as well as distance from shore. These attributes are then
used to determine a series of latitudinal and longitudinal
coordinates by which the outer limits are defined.
To prepare the submission, the Canadian government
brought
together a team of scientists, technical personnel and lawyers
from various departments who were responsible for collecting and
interpreting thousands of kilometres of bathymetric, gravimetric,
seismic and other types of data. Others were also involved in the
collection, including Indigenous peoples, territorial
governments, and the Department of National Defence. In addition,
Canada collaborated with the Kingdom of Denmark, Sweden and the
United States in joint surveys and scientific activity.
The Arctic Ocean is rich in natural resources, including
oil,
gas, minerals and fisheries amounting to trillions of dollars.
Under the Convention on the Law of the Sea, coastal states
exercise sovereign rights over the continental shelf "for the
purpose of exploring it and exploiting its natural
resources."
Establishing shelf boundaries and other issues related
to the
oceans can be highly contentious. According to its preamble, the
stated purpose of UNCLOS is "to settle, in a spirit of mutual
understanding and cooperation, all issues related to the law of
the sea." Most countries of the world have signed on to UNCLOS.
However, the U.S. has yet to ratify the convention,
although it now recognizes it "as a codification of customary
international law."
Canada's submission to UNCLOS covers 1.2 million square
kilometres of seabed and subsoil in the Arctic Ocean, including
the North Pole. As such, it overlaps in some areas with the
submissions of other Arctic states.
For example, Canada, Russia and Denmark (Greenland) are
each
claiming the vast underwater Lomonosov Ridge, which stretches
for 1,800 kilometres between the three countries, to be an
extension of their respective continental shelves. The ridge,
which includes the North Pole, was first discovered in 1948-49 by
Soviet expeditions conducting hydrological measurements and is
named after a famous Russian naturalist. In 2007, Russian
deep-sea submersibles descended the Arctic Ocean and planted the
Russian flag on the Ridge, an action which triggered "an
international outcry and indignation." Canada's foreign minister
at that time, Peter McKay, stated: "This isn't the 15th century.
You can't go around the world and just plant flags and say:
'We're claiming this territory.'"
In addition to the above, Canada has a longstanding
boundary
dispute with the U.S. involving 21,000 square kilometres of the
Beaufort Sea, as well as a territorial dispute with the U.S. over
Canada's claim to the Northwest Passage.
The next step in the UNCLOS process will be for the
Commission
to consider Canada's 2,100-page submission and develop
recommendations regarding the outer limits of Canada's
continental shelf. However, it could take as long as 10 years to
complete the process, or longer if additional time is needed to
delimit overlapping boundaries with neighbouring
states.
This article was published in
Volume 49 Number
20 - June 1, 2019
Article Link:
Contention
Over the Arctic: Canada Files Submission on Arctic Ocean Continental
Shelf - Peter Ewart
Website: www.cpcml.ca
Email: editor@cpcml.ca
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