Canada and Arctic Politics: The Continental Shelf Extension

This article challenges the validity of the commonly held assumption that Canada and other Arctic countries are engaged in a highly competitive scramble to stake claims for extensions to their continental shelves beyond 200 nautical miles, and that Canada may lose out because it is lagging behind in this race to claim as many seabed resources as possible. It argues that the process is orderly; that, under international law, Canada already has sovereign rights over the continental shelf beyond 200 nautical miles; that the process is generally characterized by cooperation; and that the timing of various countries’ submissions to the Commission on the Limits of the Continental Shelf will not be a key determinant of success.     

The Svalbard Continental Shelf Controversy: Legal Disputes and Political Rivalries

Norway's claim to exclusive rights over the continental shelf surrounding the former terra nullius Arctic archipelago of Svalbard is controversial, with the unclear scope of the Svalbard Treaty recognized as “a main challenge” by Norway's parliament. This article explores the nature of this challenge by: (1) giving an account of the legal basis of the conflict; (2) analyzing its political context, and (3) discussing the contemporary judicial and political processes which may or may not resolve the conflict. This article concludes that the issue seems to escape judicial settlement, rendering the controversy a matter of international politics. With the world's eyes increasingly on the petroleum resources of the Arctic, a clarification over the legal status of the Svalbard shelf is not in sight.     

The Outer Continental Shelf of Coastal States and the Common Heritage of Mankind

The establishment of the outer limits of the continental shelf not only involves the rights and interests of coastal states, but also the interests of the international community as a whole. This article examines this balance between coastal states’ assertions of their outer continental shelf limits and the common heritage of mankind.     

Third Party Intervention in the Commission on the Limits of the Continental Shelf Regarding a Submission Involving a Dispute

The Commission on the Limits of the Continental Shelf (CLCS) was established in accordance with Article 76 of the Law of the Sea Convention. CLCS has the mandate to consider data submitted by coastal states concerning the outer limits of their continental shelf in areas where those limits extend beyond 200 nautical miles and to make recommendations to the submitting state on matters related to the establishment of the limits. For third parties that have actual or potential disputes, unresolved borders, or unresolved land or maritime disputes with the submitting state, the recommendations of the CLCS can be very sensitive. The focus of this article is on the practice of third parties in responding to submissions and how third parties have constructed their Notifications.     

Diversity of isopods (Crustacea): new data from the Arctic and Atlantic Oceans

New data on the diversity pattern of isopods (Crustacea) from the northern most part of the North Atlantic and the Arctic Oceans is presented. The pattern of diversity with depth is similar at depths <1000m, but differs considerably below about 1000m. In the Arctic the diversity of isopods (expressed both as numbers of species per sled and expected number of species) increased with increased depth to a maximum at depths of about 320 to 1100m, but then declined towards deeper waters. There was a significant increase in numbers per sled and in the expected number of species with increased depth in the northernmost part of the North Atlantic Ocean. Additionally, changes occurred in the relative composition of the shallow and deep water fauna, with asellote isopods being relatively larger part of the isopod fauna in the Arctic than in the northern most part of the North Atlantic. This indicates major faunistic changes occurring at the Greenland-Iceland-Faeroe Ridge, possibly caused by rapid changes in the temperature. Furthermore, that the low diversity of the Arctic deep-sea is a regional phenomenon, and not a part of a large scale latitudinal pattern in the North Atlantic.     

Coastal States in the South China Sea and Submissions on the Outer Limits of the Continental Shelf

The purpose of this article is to examine the outer continental shelf submissions made by the coastal states of the South China Sea and their potential impact on legal and political developments in the South China Sea. In accordance with the United Nations Convention on the Law of the Sea of 1982 and the guidelines of the Commission on the Limits of the Continental Shelf, coastal states are to establish the outer limits of their continental shelf where it extends beyond 200 nautical miles. Meeting this obligation is complicated in enclosed or semienclosed seas where there are maritime disputes such as in the South China Sea.     

Managing Adjacency: Some Legal Aspects of the Relationship Between the Extended Continental Shelf and the International Seabed Area

The Third United Nations Conference on the Law of the Sea (1973–1982) struck a difficult compromise between the definition of the outer limits of the extended continental shelf (ECS) in relation to the international seabed area (the Area) and the making of payments and contributions by the coastal state in relation to production activities on its ECS in Article 82. The implementation of Article 82 underscores a broader and more far-reaching relationship between the continental shelf, and the ECS in particular, and the Area. In some regions there may be a relationship between the exclusive economic zone and the Area, where there is no ECS. Effectively, the relationship translates into realities and expectations of good neighborliness. This article examines this relationship and the possible approaches for the management of identified challenges.     

A catastrophic meltwater flood event and the formation of the Hudson Shelf Valley

The Hudson Shelf Valley (HSV) is the largest physiographic feature on the U.S. mid-Atlantic continental shelf. The 150-km long valley is the submerged extension of the ancestral Hudson River Valley that connects to the Hudson Canyon. Unlike other incised valleys on the mid-Atlantic shelf, it has not been infilled with sediment during the Holocene. Analyses of multibeam bathymetry, acoustic backscatter intensity, and high-resolution seismic reflection profiles reveal morphologic and stratigraphic evidence for a catastrophic meltwater flood event that formed the modern HSV. The valley and its distal deposits record a discrete flood event that carved 15-m high banks, formed a 120-km² field of 3- to 6-m high bedforms, and deposited a subaqueous delta on the outer shelf. The HSV is inferred to have been carved initially by precipitation and meltwater runoff during the advance of the Laurentide Ice Sheet, and later by the drainage of early proglacial lakes through stable spillways. A flood resulting from the failure of the terminal moraine dam at the Narrows between Staten Island and Long Island, New York, allowed glacial lakes in the Hudson and Ontario basins to drain across the continental shelf. Water level changes in the Hudson River basin associated with the catastrophic drainage of glacial lakes Iroquois, Vermont, and Albany around 11,450 ¹⁴C year BP (∼ 13,350 cal BP) may have precipitated dam failure at the Narrows. This 3200 km³ discharge of freshwater entered the North Atlantic proximal to the Gulf Stream and may have affected thermohaline circulation at the onset of the Intra-Allerød Cold Period. Based on bedform characteristics and fluvial morphology in the HSV, the maximum freshwater flux during the flood event is estimated to be ∼ 0.46 Sv for a duration of ∼ 80 days.     

Crossed Lines: The Curious Case of the Beaufort Sea Maritime Boundary Dispute

The Beaufort Sea maritime boundary dispute has traditionally been understood as involving a wedge-shaped area of maritime space that extends to a distance of 200 nautical miles north of the terminus of the Canada-United States border between the Yukon Territory and Alaska. However, new data collected in pursuit of establishing the limits of the extended continental shelf in the region show that the two countries’ seabed resource rights may stretch far beyond the 200-nautical-mile limit of the exclusive economic zone. Significantly, at approximately 200 nautical miles from shore, the U.S.-claimed equidistance line crosses the line claimed by Canada, which follows the 141° W meridian, meaning that the legal positions of the two countries if simply extended beyond the EEZ would appear to favor the other party. This article explores how the United States and Canada might seek to reformulate their legal positions to resolve the dispute. Though these reformulated positions might not reduce the area in dispute, they will clarify it and potentially enable the parties to either delimit a single maritime boundary or choose to implement one of a number of creative solutions to the dispute that are outlined in the article.     

Submarine Ridges and Elevations of Article 76 in Light of Published Summaries of Recommendations of the Commission on the Limits of the Continental Shelf

Several of the summaries of recommendations of the Commission on the Limits of the Continental Shelf contain recommendations involving the application of the provisions of Article 76 of the 1982 UN Convention on the Law of the Sea with respect to a class of morphological features that can best be described as seafloor highs. The application of these provisions requires the classification of such features into one of the three categories of seafloor highs: oceanic ridges of the deep ocean floor, submarine ridges, and submarine elevations that are natural components of the continental margin. The summaries of the CLCS recommendations provide guidance on the approach that has been adopted for the application of these provisions. Furthermore, the summaries give insight into the principles by which the CLCS is guided in considering the submerged prolongation of the landmass of a coastal state and the delineation of the outer limits of its continental shelf beyond 200 nautical miles, and the importance of determining the foot of the continental slope at its base in this connection.     

Small‐Sized Benthic Organisms of the Alpha Ridge,Central Arctic Ocean

Abundance, biomass and activity of the small‐sized benthic organisms (bacteria to meiofauna, including foraminifera) was studied in summer 1998 during the expedition ARK XIV/1a to the Amerasian area of the perennially ice covered central Arctic Ocean. With the help of two icebreakers, the German research vessel POLARSTERN and the Russian nuclear‐powered ARCTICA, it was possible to reach this remote, heavily ice‐covered region in order to carry out the first benthic investigations. These focus on effects on the benthic community of the expected low food availability under perennial ice coverage. Bacterial and meiofaunal abundances were determined by direct counting. Biomass determinations on bacteria and nematodes were undertaken by size‐imaging techniques. In addition biochemical analyses were carried out to estimate food availability (as sediment‐bound chloroplastic pigments indicating phytodetritus) at the sea floor, the total microbial biomass (TMB; i.e. the total amount of sediment inhabiting bacteria, flagellata, protozoa and small metazoa, estimated by phospholipid quantification) and the potential bacterial activity (turnover rates of ester‐cleaving exoenzymes). Concentrations of chloroplastic pigment equivalents (CPE) in the main target area (Alpa‐Ridge) ranged between 0.10 ± 0.02 and 0.17 ± 0.04 μg/ml. A 2–3 times higher concentration was determined at a station on the Lomonosov Ridge crest (0.40 ± 0.15 μg/ml). The standing stock of meiobenthic organisms (including foraminiferans) was extremely low and varied between 72 ± 17 individuals 10 cm^–2 in the deep Makarov Basin (3,170 m) and 190 ± 56 individuals 10 cm^–2 on the Alpha Ridge (1,470 m). Significantly higher numbers (U‐test, p = 0.049) were found on the Lomonosov Ridge (297 ± 82 individuals 10 cm^–2). Meiobenthic abundances from the area of investigations, were up to ten times lower than those reported from non‐ice covered deep‐sea regions. However a significant water depth depending decrease of meiobenthic abundances was still detectable. A comparison of biomass data determined by volumetric measurements and biochemical methods showed that about 67% of the TMB are held by organisms of nanofauna size (2–32 μm), approx. 32% belongs to bacteria. Only 0.5–1.5% of the TMB were held by metazoan meiofauna.     

Law of the Sea Issues Between the United States and East Asian States

The United States is the sole superpower in the contemporary world and its role in the development of the law of the sea cannot be ignored. Although having not yet acceded to the U.N. Convention on the Law of the Sea, the United States has contributed to the development of the international law of the sea in numerous ways, including responding to the so-called excessive maritime claims in East Asia and creating new rules of maritime enforcement. This article assesses this recent U.S. practice.     

International Law and Western Sahara’s Maritime Area

Abstract

Western Sahara’s coastal waters have become contentious because of seabed petroleum exploration and fisheries undertaken pursuant to treaties between Morocco and the European Union, Japan, and Russia. These activities have been protested by the territory’s government-in-exile, the Saharawi Arab Democratic Republic. In 2017 Morocco announced its intention to adopt legislation to create an exclusive economic zone (EEZ) on the territory’s coast. This article considers the status of Saharan coastal waters in the circumstances of decolonization and occupation. The obligations on states interested in exploring and extracting Saharan ocean resources are considered and are argued to be restrictive regardless of the status of the territory’s coastal waters and recognition of a Saharawi state.     

The Rejection of a Theoretical Beauty: The Foot of the Continental Slope in Maritime Boundary Delimitations Beyond 200 Nautical Miles

This article addresses maritime boundary delimitation concerning the continental shelf beyond 200 nautical miles. The focal point is how the foot of the continental slope can be used as the point of departure in drawing the provisional equidistance line in outer continental shelf boundary delimitations between neighboring states. The article examines the strength and weaknesses of this approach and asks whether the International Tribunal for the Law of the Sea indirectly rejected this approach in the 2012 Bangladesh v. Myanmar Case.     

Ecosystems on ice: the microbial ecology of Markham Ice Shelf in the high Arctic

Microbial communities occur throughout the cryosphere in a diverse range of ice-dominated habitats including snow, sea ice, glaciers, permafrost, and ice clouds. In each of these environments, organisms must be capable of surviving freeze-thaw cycles, persistent low temperatures for growth, extremes of solar radiation, and prolonged dormancy. These constraints may have been especially important during global cooling events in the past, including the Precambrian glaciations. One analogue of these early Earth conditions is the thick, landfast sea ice that occurs today at certain locations in the Arctic and Antarctic. These ice shelves contain liquid water for a brief period each summer, and support luxuriant microbial mat communities. Our recent studies of these mats on the Markham Ice Shelf (Canadian high Arctic) by high performance liquid chromatography (HPLC) showed that they contain high concentrations of chlorophylls a and b, and several carotenoids notably lutein, echinenone and beta-carotene. The largest peaks in the HPLC chromatograms were two UV-screening compounds known to be produced by cyanobacteria, scytonemin, and its decomposition product scytonemin-red. Microscopic analyses of the mats showed that they were dominated by the chlorophyte genera cf. Chlorosarcinopsis, Pleurastrum, Palmellopsis, and Bracteococcus, and cyanobacteria of the genera Nostoc, Phormidium, Leptolyngbya, and Gloeocapsa. From point transects and localized sampling we estimated a total standing stock on this ice shelf of up to 11,200 tonnes of organic matter. These observations underscore the ability of microbial communities to flourish despite the severe constraints imposed by the cryo-ecosystem environment.     

The role of sea ice for vascular plant dispersal in the Arctic

Sea ice has been suggested to be an important factor for dispersal of vascular plants in the Arctic. To assess its role for postglacial colonization in the North Atlantic region, we compiled data on the first Late Glacial to Holocene occurrence of vascular plant species in East Greenland, Iceland, the Faroe Islands and Svalbard. For each record, we reconstructed likely past dispersal events using data on species distributions and genetics. We compared these data to sea-ice reconstructions to evaluate the potential role of sea ice in these past colonization events and finally evaluated these results using a compilation of driftwood records as an independent source of evidence that sea ice can disperse biological material. Our results show that sea ice was, in general, more prevalent along the most likely dispersal routes at times of assumed first colonization than along other possible routes. Also, driftwood is frequently dispersed in regions that have sea ice today. Thus, sea ice may act as an important dispersal agent. Melting sea ice may hamper future dispersal of Arctic plants and thereby cause more genetic differentiation. It may also limit the northwards expansion of competing boreal species, and hence favour the persistence of Arctic species.     

Distribution of <Emphasis Type="Italic">Boroecia borealis</Emphasis> (Ostracoda: Halocyprididae) in the Arctic Ocean and adjacent waters of the Atlantic

The geographical and vertical distribution of Boroecia borealis was studied based on literature data and materials collected by Soviet and Russian expeditions in the Arctic Ocean and adjacent waters of the Atlantic during the period from 1929 to 1993. In the region of study, this species occurs at a temperature from 0.5 to 17.7°C. In the Arctic basin, B. borealis is predominantly found in the warm deep Atlantic layer. The central Arctic region is not a zone of exclusion of this species, but is a part of the species’ range, where its apparently dependent populations occur. In the northern Atlantic, B. borealis can reach into the low latitudes as far as 30°N.     

Attenuation of the vertical flux of copepod fecal pellets under Arctic sea ice: evidence for an active detrital food web in winter

A variable fraction of fecal pellets produced in the epipelagic layer is intercepted and retained before reaching the bottom. We assessed fecal pellet retention in the ice-covered Beaufort Sea in early February by comparing the shape and size-frequency distribution of pellets collected by a sediment trap moored at 210 m to that produced in vitro. Appendicularian ellipsoidal and copepod cylindrical pellets made up 75 and 24% of the flux (165 μg C m⁻² day⁻¹). In contrast, production (135 μg C m⁻² day⁻¹) was dominated by cylindrical pellets (93%). The vertical flux of cylindrical pellets at 210 m was attenuated by 70%. Pellets >120 μm in width, represented 42% of the production, but were not detected in the trap. Retention most likely resulted from coprorhexic feeding by copepods such as Metridia longa. Our observations suggest that the detritivore food web prevailing under the ice of the Arctic Ocean in winter is dominated by appendicularians feeding on pellets fragmented by copepods.     

Submarine Communications Cables and Law of the Sea: Problems in Law and Practice

Submarine communications cables laid on the seabed of the ocean are the foundation of the world's international telecommunications network. International law, in particular, the law of the sea, has recognized the freedom to lay submarine cables and perform associated operations and has placed certain obligations on states related to the protection of submarine cables. This article examines the international law with respect to submarine cables and discusses the various problems with both the law and state practice on submarine cables. It argues that these problems are illustrations of the traditional challenges that face the law of the sea; that is, the balancing and accommodation of competing uses of ocean space. It concludes that an important step toward resolving these problems is enhanced consultation and cooperation between cable companies and governments and that efforts should focus on creating such mechanisms.