An Icy Question: The Possibility of Governing Arctic Sea Ice
An Icy Question: The Possibility of Governing Arctic Sea Ice

Summary/Abstract: The Arctic is a 4.300 meters deep ocean surrounded by a vast and nearly continuous continental belt and covered by not a coherent ice cover, but moving ice formations of various thickness.1 According to general law of the sea, beyond territorial waters of coastal States it is governed by the freedom of the seas doctrine restricted by rights inherent to contiguous and exclusive economic zones (hereinafter: EEZ).2 However, it is a long time standing tendency that certain coastal States - namely Canada and the Russia – intend to expand their sovereignty beyond territorial seas under different titles like environmental protection. The sovereignty over territory beyond the North Circle has been a subject of a nearly 100 year-old debate. During the last centuries the north part of the continents were occupied or obtained under other legally justified titles by neighboring States. Later, in the beginning of the 20th century shipping facilities attracted naval States to shorten sea routes between the Atlantic and Pacific Ocean and the restriction of freedom of the seas and expansion of State sovereignty was the aim of Arctic coastal States. Nowadays, it is the huge unexploited oil and gas resource lying in the continental shelf under the Arctic Ocean is the most attractive force in the area beside sea routes.4 Regarding that these most valuable parts of the Arctic region are beyond the exclusive jurisdiction of coastal States but not beside the circle of interest of States, it is to be examined whether it is possible to expand jurisdiction over this part of the Arctic Ocean as it the domain of mare liberum just like many other similar areas of the world. Or it is not? The surface of Arctic Ocean is as a matter of fact covered by ice sheets, ice islands and ice floes. Are the same titles of acquisition of territory legally applicable to expand and exercise jurisdiction over ice – and of course to obtain the coastal States’ right to exploit the possibilities in the seaward zones belonging to coastal State? Does terra firma falls under the same legal regime as terra glacia? It is an important question of our time as owing to technical development and melting of ice the accessibility of northern regions is getting less difficult and causing more problems to the international community.

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