Some international agreements and declarations have been specifically designed for addressing issues concerning the Arctic, while several others apply globally but are particularly relevant in the region. Analysis of these both hard and soft law instruments along with other disciplines, is a key for understanding Arctic Governance and Cooperation, as outlined by the Polar Law Institute.
The concept of Polar law and the idea of a programme of legal education with some of the core subjects of what can be defined as Polar law was already being discussed when the first steps were taken towards a full blown legal education at the University of Akureyri (UNAK) around the turn of the millennium. When the first group of students finished their BA-degree in 2006, the concept of Polar law was developed and given a central place in the research objectives and teaching of the Faculty. The Faculty held a preparatory conference in 2007 with many international experts, including Professor Nigel Bankes who, in 2010, would be only the third scholar ever to be awarded an honorary doctorate from UNAK. The masters programme in Polar law was launched in 2008. This was taking place at same time as domestic and international interest in the Arctic increased heavily. The Polar law initiatives at UNAK were amongst dozens connected to the Fourth International Polar Year (2007-08).
Binding International Agreements:
SOVEREIGNTY
Svalbard Treaty – Paris (F) 1920
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Parties: A total of 43 countries are registered as parties to the Svalbard treaty, including all 8 Arctic States.
Website: https://www.sysselmannen.no/en/Toppmeny/About-Svalbard/Laws-and-regulations/Svalbard-Treaty/
The Svalbard Treaty was signed in Paris on 9 February 1920. The treaty provides for Norwegian sovereignty over Svalbard, while at the same time providing for certain rights for the other signatories.
HUMAN AND INDIGENOUS RIGHTS
UN International Convention on the Elimination of All Forms of Racial Discrimination – New York (U.S.) 1965
Arctic States: All Arctic States are part to the agreement
Status of the Agreement and Parties
Website: https://www.ohchr.org/
The Convention defines “racial discrimination” as: ‘any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life’ (article 1). The Convention requires States parties, at all levels, to eliminate all forms of racial discrimination and to prohibit any form of racial discrimination by any persons, groups or organizations (article 2), and to adopt measures to prohibit any forms of dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination and acts of violence and incitement of such acts, and any form of assistance to such activities (article 4). (Source: World Health Organization)
UN International Covenant on Civil and Political Rights (ICCPR) - New York, US, 1966
UN International Covenant on Economic, Social and Cultural Rights (ICCPR) – New York, US, 1966
The ICESCR aims to ensure the protection of economic, social and cultural rights including: the right to self-determination of all peoples (article 1); the right to non-discrimination based on race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status (article 2); the equal right of men and women to enjoy the rights in the ICESCR (article 3); the right to work (articles 6–7); the right to form and join trade unions (article 8); the right to social security (article 9); protection and assistance to the family (article 10); the right to an adequate standard of living (article 11); the right to health (article 12); the right to education (articles 13–14); and the right to cultural freedoms (article 15). (Source: World Health Organization)
Status of the Agreement and Parties
Arctic States: All Arctic States are part to the agreement
ILO C169 Indigenous and Tribal Peoples Convention, (ILO Convention No. 169 or C169), 1989 – Geneva, (Z), 1989
The ILO has been engaged with indigenous and tribal peoples’ issues since the 1920s. It is responsible for the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the only international treaty open for ratification that deals exclusively with the rights of these peoples.
Status of the Agreement and Parties
Arctic States: Only Norway and Denmark are part to the agreement
Website
International non-binding Declarations:
Regional Agreements Signed under the Auspices of the Arctic Council:
Agreement on Cooperation on Aeronautical and Maritime Search and Rescue in the Arctic
Agreement on Cooperation on Aeronautical and Maritime Search and Rescue in the Arctic (SAR or Arctic Search and Rescue Agreement) – Nuuk, (GL) 2011
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Parties: the 8 Arctic states
Website: arctic-council.org
This is the first agreement signed under the auspices of the Arctic Council. As defined in article 2, its objective “is to strengthen aeronautical and maritime search and rescue cooperation and coordination in the Arctic”.
Agreement on Enhancing International Arctic Scientific Cooperation
The Agreement on Enhancing International Arctic Scientific Cooperation – FAIRBANKS, 2011
As defined in article 2, “the purpose of this Agreement is to enhance cooperation in Scientific Activities in order to increase effectiveness and efficiency in the development of scientific knowledge about the Arctic.
Parties: the 8 Arctic states.
Binding Regional Agreements:
Non-binding Regional Declarations: