Take (to) the Sea! - A Deep dive Into the Legal Regime Governing the Delineation and Delimitation of the Arctic Ocean

Sammanfattning: The polar ice cap in the Arctic is receding, which has led to an increase in activity in the region. As the Arctic is becoming more accessible, economic opportunities are opening, making territorial claims in the region increasingly interesting to the Arctic Coastal States. This thesis focuses on the legal regime governing a future division of the Arctic Ocean. Given certain provisions are met, the regime of the continental shelf allows States to establish exclusive national jurisdiction far beyond the 200 nm limits of the Exclusive Economic Zone. Article 76 of UNCLOS requires States to follow a certain process for establishing the outer limits of the continental shelf. This process involves delineation of the outer limits of the continental margin in accordance with the provisions of Article 76, paragraphs 1 to 10. This is a process that involves the acquisition of scientific data and the matching of that data with specific provisions in Article 76. Furthermore, States are required to submit information on the delineation to the Commission on the Outer Limits of the Continental Shelf, which will assess the submitted data and issue recommendations to States. Currently, four out of the five Arctic Coastal States have made submissions, three are awaiting recommendations to be issued (Canada, Denmark, and the Russian Federation) and one has already finalised its maritime boundaries in accordance with the procedure (Norway). The United States have not yet ratified UNCLOS and can therefore not submit their claims to the Commission on the Outer Limits of the Continental Shelf. When studying the submissions, it becomes obvious that there is considerable overlap of the claimed areas of entitlement. Therefore, a delimitation of the maritime boundaries will need to be carried out in order to settle this dispute. Article 83 of UNCLOS and jurisprudence from international courts and tribunals have established a comprehensive legal regime for the settlement of maritime disputes. This regime will govern future delimitations of the Arctic, however, the immediate issue is the scientific and legal classification of the Arctic Seabed, since this will determine whether there exist any entitlements to an outer continental shelf at all.