I. The Arctic Situation and Recent Changes
The Arctic is situated at a special geographical location. It commonly refers to the area of land and sea north of the Arctic Circle (approximately 66 degrees 34 minutes N), totaling about 21 million square kilometers. In the context of international law, the Arctic includes the northernmost landmasses of Europe, Asia and North America adjacent to the Arctic Ocean and the relevant islands, and a combination of sea areas within national jurisdiction, high seas, and the Area in the Arctic Ocean. There is no single comprehensive treaty for all Arctic affairs. The Charter of the United Nations, the United Nations Convention on the Law of the Sea (UNCLOS), the Spitsbergen Treaty and other treaties and general international law govern Arctic affairs at present.
The continental and insular land territories in the Arctic cover an area of about 8 million square kilometers, with sovereignty over them belonging to Canada, Denmark, Finland, Iceland, Norway, Russia, Sweden and the United States, respectively. The Arctic Ocean covers an area of more than 12 million square kilometers, in which coastal States and other States share maritime rights and interests in accordance with international law. These coastal States have within their jurisdiction internal waters, territorial seas, contiguous zones, exclusive economic zones, and continental shelves in the Arctic Ocean. Certain areas of the Arctic Ocean form part of the high seas and the Area.
States from outside the Arctic region do not have territorial sovereignty in the Arctic, but they do have rights in respect of scientific research, navigation, overflight, fishing, laying of submarine cables and pipelines in the high seas and other relevant sea areas in the Arctic Ocean, and rights to resource exploration and exploitation in the Area, pursuant to treaties such as UNCLOS and general international law. In addition, Contracting Parties to the Spitsbergen Treaty enjoy the liberty of access and entry to certain areas of the Arctic, the right under conditions of equality and, in accordance with law, to the exercise and practice of scientific research, production and commercial activities such as hunting, fishing, and mining in these areas.
The Arctic boasts a unique natural environment and rich resources, with most of its sea area covered under thick ice for most of the year. The Arctic natural environment is now undergoing rapid changes. Over the past three decades, temperature has been rising continuously in the Arctic, resulting in diminishing sea ice in summer. Scientists predict that by the middle of this century or even earlier, there may be no ice in the Arctic Ocean for part of the year. On the one hand, melting ice in the Arctic has led to changes in the natural environment, or possibly can result in accelerated global warming, rising sea levels, increased extreme weather events, damaged biodiversity, and other global problems. On the other, with the ice melted, conditions for the development of the Arctic may be gradually changed, offering opportunities for the commercial use of sea routes and development of resources in the region. Commercial activities in the region will have considerable impact on global shipping, international trade and energy supply, bring about major social and economic changes, and exert important influence on the way of work and life of Arctic residents including the indigenous peoples. They may also pose a potential threat to the ecological environment of the Arctic. The international community faces the same threat and shares the same future in addressing global issues concerning the Arctic.