The “Arctic Exception” in the Law of the Sea Convention: A Contribution to Safer Navigation in the Northwest Passage?

This article examines the so-called “Arctic exception,” Article 234 of the 1982 UN Convention on the Law of the Sea. Article 234 is intended to give the coastal state of ice-covered sea areas the necessary powers to prevent, reduce, and control vessel source pollution, which poses a particular risk to the highly sensitive Arctic marine environment. The aim of this article is to present a thorough interpretation of Article 234 in order to eventually evaluate the provision's significance for Arctic navigation, specifically in the Canadian Arctic and the Northwest Passage.     

Regulating Shipping in the Arctic Ocean: An Analysis of State Practice

The United Nations Convention on the Law of the Sea (LOSC) permits state parties to establish an Exclusive Economic Zone (EEZ) 200 nautical miles from their coast. Coastal states have exclusive jurisdiction over resources within the EEZ, but navigational and other high seas freedoms continue to exist. A significant number of states have, however, enacted legislation that departs from the LOSC, interfering with the navigational rights and freedoms of other states. This article analzses this development with a specific focus on the Arctic. It investigates the powers of Arctic coastal states to regulate shipping in the EEZ and thereby navigation in the Arctic Ocean. It adds to the existing literature by providing an analysis of state practice, suggesting that despite uncertainty concerning the interpretation of the LOSC Article 234 and the right to exercise legislative jurisdiction over ice-covered waters, a not insignificant number of states have claimed jurisdiction in their own EEZ beyond the rights granted in the LOSC, and are therefore not in a position to object to extensive jurisdictional claims in the Arctic.     

Straits in the Russian Arctic

The issues surrounding the regimes of international straits, noninternational straits, and ice-covered areas are analyzed for the purpose of looking at Russian practices in its Arctic straits. It is concluded that the Russian practice exceeds that permitted to states bordering straits under the traditional regime for straits. Nevertheless, viewing the U.S. practice as a coastal state, as well as the coastal state practice of Canada, substantial similarities are found with the Russian practice. Conflicting claims and practices result in a confused Arctic legal regime. An international conference is recommended to discuss and perhaps settle the issues.     

A Note on the Application of Article 234 of the Law of the Sea Convention in Light of Climate Change: Views from Russia

This note explores the nature of Article 234 of the 1982 UN Convention on the Law of the Sea in light of decreasing Arctic ice cover. Despite various readings and possible interpretations of Article 234, the principal source of the rules of treaty interpretation is the 1969 Vienna Convention on the Law of Treaties. The note concludes, based on treaty interpretation, that there are no legal grounds for changing the Arctic regime based on Article 234 in light of the decreasing ice cover in the Arctic.     

Cooperation or Conflict in a Changing Arctic?

The possibility of conflict among nations has dominated discussions of the future of the Arctic. Are there no opportunities for cooperation? This article explores the avenues and incentives for Arctic cooperation through the common issues outlined in the strategy statements of the five coastal Arctic states. Incentives to cooperate can be found in all the thematic areas examined: sovereignty, scientific research, resource development, shipping, and environmental concerns. Cooperation is already occurring on some salient issues. Additional cooperation may occur as issues become increasingly pressing. From this perspective, Arctic conflict is by no means inevitable. Numerous avenues for cooperation exist.     

Arctic marine fishes and their fisheries in light of global change

In light of ocean warming and loss of Arctic sea ice, harvested marine fishes of boreal origin (and their fisheries) move poleward into yet unexploited parts of the Arctic seas. Industrial fisheries, already in place on many Arctic shelves, will radically affect the local fish species as they turn up as unprecedented bycatch. Arctic marine fishes are indispensable to ecosystem structuring and functioning, but they are still beyond credible assessment due to lack of basic biological data. The time for conservation actions is now, and precautionary management practices by the Arctic coastal states are needed to mitigate the impact of industrial fisheries in Arctic waters. We outline four possible conservation actions: scientific credibility, ‘green technology’, legitimate management and overarching coordination.     

The Regime for Transboundary Hydrocarbon Deposits in the Maritime Delimitation Treaties and Other Related Agreements of Arctic Coastal States

This article assesses the treaty practice of the five Arctic Ocean coastal states and Iceland in dealing with the issue of transboundary hydrocarbon deposits as part of the conclusion of maritime delimitation and other related agreements. That practice suggests a number of different ways in which states deal with the issue of hydrocarbon deposits bisected by a maritime delimitation: (1) silence, (2) a standard unity of deposit clause, (3) more complex variations on the standard clause including framework agreements for the development of transboundary deposits, and (4) a delimitation line with some form of joint development zone. This article assesses the Arctic state practice within this typology seeking to supplement the existing literature which tends to focus on the North Sea and Southeast Asia.     

The dynamics of landscape change and snow geese in mid-continent North America

The Mid‐Continent Population of the lesser snow goose, which breeds in the eastern and central Canadian Arctic and sub‐Arctic, and winters in the southern United States and northern Mexico has increased 5–7% annually from the late 1960s to the mid‐1990s, largely because of increased survival in response to an agricultural food subsidy. The rise in numbers complements the increased use of nitrogen fertilizers and a corresponding rise in yields of rice, corn, and wheat along the flyways and on the wintering grounds. In sub‐Arctic migration areas and at Arctic breeding colonies, foraging by high numbers of birds has led to loss of coastal vegetation, adverse changes in soil properties and the establishment of an alternative stable state of exposed sediment, which can be detected with LANDSAT imagery. At a local scale, gosling growth, size and survival decreased in affected areas and other taxa have been adversely affected. The food subsidy on wintering and migration areas appears insufficient to meet reproductive demands as foraging in spring continues to occur on southern Hudson Bay staging and nesting areas. The recent introduction of liberal hunting regulations may reduce population size in the near term, but the revegetation of these coastal ecosystems will take decades to achieve. The present pattern of vegetation loss in these Arctic coastal systems is likely to continue in the forseeable future.     

In the Same Boat? A Comparative Analysis of the Approaches of Russia and Canada in the Negotiation of the IMO’s Mandatory Polar Code

Abstract

In the field of Arctic shipping, Canada and the Russian Federation have enacted extensive unilateral national regulations cognizant of Article 234, UN Convention on the Law of the Sea. On the global level, both states have been important actors in negotiating the International Maritime Organization’s mandatory Polar Code, a legal instrument with implications for regulations at the national level. This article compares and contrasts the approaches, positions, and arguments of Canada and Russia especially regarding national systems to control navigation and vessel-source pollution. The results suggest different emphases stemming from the two states’ political and economic realities and capacities.     

Retention of ice-associated amphipods: possible consequences for an ice-free Arctic Ocean

Recent studies predict that the Arctic Ocean will have ice-free summers within the next 30 years. This poses a significant challenge for the marine organisms associated with the Arctic sea ice, such as marine mammals and, not least, the ice-associated crustaceans generally considered to spend their entire life on the underside of the Arctic sea ice. Based upon unique samples collected within the Arctic Ocean during the polar night, we provide a new conceptual understanding of an intimate connection between these under-ice crustaceans and the deep Arctic Ocean currents. We suggest that downwards vertical migrations, followed by polewards transport in deep ocean currents, are an adaptive trait of ice fauna that both increases survival during ice-free periods of the year and enables re-colonization of sea ice when they ascend within the Arctic Ocean. From an evolutionary perspective, this may have been an adaptation allowing success in a seasonally ice-covered Arctic. Our findings may ultimately change the perception of ice fauna as a biota imminently threatened by the predicted disappearance of perennial sea ice.     

Challenges to the Primary Jurisdiction of Flag States Over Ships

With the increasing emergence of substandard ships sailing under the flag state's ineffective control and the growing number of accidents that negatively affect the marine environment and the maritime order, port states, coastal states, and international organizations have begun to develop new regimes to increase their control over ships. As a result, the authority of flag states is increasingly being challenged, seemingly calling into question the primary jurisdiction and control of flag states over their ships. The aim of this article is to promote a better understanding of the relationship between flag state, coastal state, and port state control.     

Interpretation and Application of Article 298 of the Law of the Sea Convention in Recent Annex VII Arbitrations: An Appraisal

Article 298 of the UN Convention on the Law of the Sea allows state parties to exclude certain categories of disputes from the compulsory procedures entailing binding decisions. This provision serves as a “safety valve” by excluding sensitive issues mainly related to sovereignty. This article examines the three recent Annex VII Arbitral Awards (the South China Sea Arbitration; the Arctic Sunrise Arbitration; and the Chagos Marine Protected Area Arbitration) that assessed the interpretation and application of Article 298.     

Parasites of freshwater resident and anadromous Arctic charr (Salvelinus alpinus) in Greenland

Twenty-one metazoan parasite species were found in Arctic charr at three coastal sites in west Greenland, including Neascus sp. and the nematode Pseudoterranova decipiens , new records for Arctic charr. Twelve species are new records for Arctic charr in Greenland. The quantitative composition of the parasite communities varied, but the freshwater species ( Diphyllobothrium ditremwn, Eubothriutn salvelini, Proteocephalus longicollis, Crepidostotnutn farianis ) were usually numerically dominant, even in anadromous fish. The absence from Greenland of Mysidacea, Amphipoda, Ephemeroptera and Odonata excludes parasites requiring such organisms as intermediate hosts, including the cestode Cyathocephalus truncatus , nematodes of the genus Cystidicola , and freshwater acanthocephalans.     

Allochthonous inputs of riverine picocyanobacteria to coastal waters in the Arctic Ocean

The observed onset of climate change at high northern latitudes has highlighted the need to establish current baseline conditions in the Arctic Ocean, and has raised concern about the potential for the invasion and growth of biota that have warm temperature optima, such as cyanobacteria. In this study, we used 16S rRNA gene sequences as a molecular marker to evaluate the hypothesis that Arctic rivers provide a major inoculum of cyanobacteria into the coastal Arctic Ocean. Surface samples were collected along a transect extending from the Mackenzie River (Northwest Territories, Canada), across its estuary, to 200 km offshore at the edge of the perennial Arctic pack ice (Beaufort Sea). The highest picocyanobacteria concentrations occurred in the river, with concentrations an order of magnitude lower at offshore marine stations. The 16S rRNA gene clone libraries of five surface samples and five strains along this gradient showed that the cyanobacterial sequences were divided into eight operational taxonomic units (OTUs), six OTUs closely related to freshwater and brackish Synechococcus and two OTUs of filamentous cyanobacteria. No typically marine Synechococcus sequences and no Prochlorococcus sequences were recovered. These results are consistent with the hypothesis of an allochthonous origin of picocyanobacteria in the coastal Arctic Ocean, and imply survival but little net growth of picocyanobacteria under the present conditions in northern high-latitude seas.     

eDNA metabarcoding as a new surveillance approach for coastal Arctic biodiversity

Because significant global changes are currently underway in the Arctic, creating a large‐scale standardized database for Arctic marine biodiversity is particularly pressing. This study evaluates the potential of aquatic environmental DNA (eDNA) metabarcoding to detect Arctic coastal biodiversity changes and characterizes the local spatio‐temporal distribution of eDNA in two locations. We extracted and amplified eDNA using two COI primer pairs from ~80 water samples that were collected across two Canadian Arctic ports, Churchill and Iqaluit, based on optimized sampling and preservation methods for remote regions surveys. Results demonstrate that aquatic eDNA surveys have the potential to document large‐scale Arctic biodiversity change by providing a rapid overview of coastal metazoan biodiversity, detecting nonindigenous species, and allowing sampling in both open water and under the ice cover by local northern‐based communities. We show that DNA sequences of ~50% of known Canadian Arctic species and potential invaders are currently present in public databases. A similar proportion of operational taxonomic units was identified at the species level with eDNA metabarcoding, for a total of 181 species identified at both sites. Despite the cold and well‐mixed coastal environment, species composition was vertically heterogeneous, in part due to river inflow in the estuarine ecosystem, and differed between the water column and tide pools. Thus, COI‐based eDNA metabarcoding may quickly improve large‐scale Arctic biomonitoring using eDNA, but we caution that aquatic eDNA sampling needs to be standardized over space and time to accurately evaluate community structure changes.     

Molecular phylogeography of Dryas integrifolia: glacial refugia and postglacial recolonization

Chloroplast DNA variation in the Arctic plant species Dryas integrifolia (Rosaceae) was analysed in relation to both the present-day geographical distribution of populations and to Pleistocene fossil records of this species. The phylogeographical structure was weak but the analysis of haplotype diversity revealed several groups of haplotypes having present-day geographical ranges that overlap locations postulated from geographical and fossil evidence to have been glacial refugia. Based on this information we infer that two important refugial sources of Arctic recolonization by this species were Beringia and the High Arctic. Two other putative refugia, located southeast of the ice sheet and along coastal regions of the eastern Arctic may have served as sources for recolonization of smaller portions of the Arctic. The genetic substructure in the species is mostly due to variation among populations regardless of the ecogeographical region in which they are found. Spatial autocorrelation at the regional scale was also detected. High levels of diversity both within populations and ecogeographical regions are probably indicative of population establishment from several sources possibly combined with recent gene flow.     

Secondary contact between two divergent lineages of grayling Thymallus in the lower Enisey basin and its taxonomic implications

A contact zone between two widespread divergent lineages of grayling Thymallus sp. has been identified in the lower Enisey basin (Khantaiskoye Lake) in north central Siberia (Russia). Sequences of the mitochondrial DNA control region revealed two lineages with 2·6% divergence. Haplotypes from these two lineages clearly fall within two previously described clades, one presumably corresponding to Arctic grayling Thymallus arcticus found throughout the Siberian coastal zone as well as North America, and the other corresponding to grayling found elsewhere in the Enisey basin, including Lake Baikal and its tributaries. Allelic variation at seven microsatellite loci strongly suggests reproductive isolation in sympatry between these two lineages in Khantaiskoye Lake. Integration of these new data with existing knowledge on Thymallus throughout its Siberian range supports a taxonomic revision. The currently recognized sub-specific lineages of Arctic grayling along the Siberian Arctic coast as well as grayling from North America should probably be regarded as T. arcticus . Arctic grayling, however, are limited to the coastal zone and lower reaches of the Enisey. Most of the Enisey basin, including Lake Baikal and its tributaries are occupied by another taxon, which should be recognized as Thymallus baicalensis . This perspective strictly follows evolutionary principles, eliminates the use of four sub-specific names and circumvents the illogical mosaic distribution of T. arcticus arcticus , which nevertheless does not represent a monophyletic lineage.     

Direct and indirect climatic drivers of biotic interactions: ice-cover and carbon runoff shaping Arctic char Salvelinus alpinus and brown trout Salmo trutta competitive asymmetries

One of the major challenges in ecological climate change impact science is to untangle the climatic effects on biological interactions and indirect cascading effects through different ecosystems. Here, we test for direct and indirect climatic drivers on competitive impact of Arctic char (Salvelinus alpinus L.) on brown trout (Salmo trutta L.) along a climate gradient in central Scandinavia, spanning from coastal to high-alpine environments. As a measure of competitive impact, trout food consumption was measured using ¹³⁷Cs tracer methodology both during the ice-covered and ice-free periods, and contrasted between lakes with or without char coexistence along the climate gradient. Variation in food consumption between lakes was best described by a linear mixed effect model including a three-way interaction between the presence/absence of Arctic char, season and Secchi depth. The latter is proxy for terrestrial dissolved organic carbon run-off, strongly governed by climatic properties of the catchment. The presence of Arctic char had a negative impact on trout food consumption. However, this effect was stronger during ice-cover and in lakes receiving high carbon load from the catchment, whereas no effect of water temperature was evident. In conclusion, the length of the ice-covered period and the export of allochthonous material from the catchment are likely major, but contrasting, climatic drivers of the competitive interaction between two freshwater lake top predators. While future climatic scenarios predict shorter ice-cover duration, they also predict increased carbon run-off. The present study therefore emphasizes the complexity of cascading ecosystem effects in future effects of climate change on freshwater ecosystems.