Ocean Development and Management in the Arctic: Issues in American and Canadian Relations

The need for Canadian-American cooperative ocean management in the Arctic stems from four factors. Transboundary ocean currents have the potential to carry marine pollutants from one country to the other. Many living resources, such as bowhead and beluga whales, do not recognize political boundaries. Native communities depend culturally and economically on coastal resources. Technological collaboration in such areas as satellite communications and navigational aids is necessary to avoid costly duplications. Three documents - the World Conservation Strategy, the Report of the U.N. Conference on the Human Environment, and the Law of the Sea Convention - bid the United States and Canada to join hands in managing resources in a more systematic manner. At least four jurisdictional issues concerning arctic waters are capable of rocking future U.S.-Canadian relations: the Alaska/Yukon offshore boundary, the legal status of the waters of the Canadian arctic archipelago and the Northwest Passage, the legal principles governing the exclusive economic zones in the Beaufort, Chukchi, and Bering seas, and the legal regime applicable to arctic waters and the seabed beyond 200 nautical miles. Although cooperative ocean management may be hindered by national complexities, such as lack of clear arctic policies, fragmented decision-making processes, and tensions between government managers and local communities, the two countries should address eight threshold questions concerning future institutional linkages: Are present formal and informal arrangements adequate for arctic ocean management? What type or types of agreement - demonstrative, administrative, distributive or resolutive - should be used to formalize cooperation? What level of cooperation - bilateral, trilateral, arctic-wide or global - is required and politically feasible? Should the two countries create new management institutions or should they harmonize existing legislation and administration? Should one "super commission" be created with a say over all arctic marine issues or should a number of commissions be created for coordinating individual ocean uses? Should joint institutions have advisory or actual decision-making powers? What role should native groups play in regionalized arctic marine management? What type of dispute-settlement mechanism(s) should be established?Key words: Canada-U.S. relations, ocean development and management, international law of the seaMots clés: relations Canada-E.U., développement et gestion de l'océan, droit international de la me

The 2013 Minamata Convention and Protection of the Arctic Environment: Mercurial Promises and Challenges

David L. VanderZwaag，达尔豪斯大学法学院海洋与环境法研究所法学教授，加拿大研究讲座教授（海洋法与海洋治理方向）。【中文摘要】控制汞向北极的远距离迁移是2013年10月通过的《水俣公约》(以下简称“《公约》”)的目的之一。本文从2个角度分析了该公约。首先指出《公约》存在10个方面能让人看到希望，包括：赋予缔约方逐步淘汰汞开采活动的义务；将2020年定为逐步淘汰众多汞添加产品的日期；鼓励在牙科中逐步减少汞的使用和释放；禁止及限制在《公约》所列制造工艺中使用汞；要求缔约方控制《公约》所列点源(如燃煤火力发电厂和废物焚烧设施)的大气排放，等等。文章接着讨论了《公约》实施过程中可能遇到的7项挑战：满足《公约》严格的生效条件，确保按时逐步淘汰，确实减少汞排放和释放，确保获得充足的资金，以及厘清《公约》与其他公约及涉及汞的国际倡议的关系等。 【Abstract】The Minamata Convention, adopted in October 2013 and aimed in part at controlling the long-range transport of mercury into the Arctic, is reviewed from two perspectives. First, ten promising aspects of the Convention are high-lighted. Promises include, among others: committing Parties to phase-out mercury mining; establishing a phase-out date of 2020 for many mercury-added products;encouraging the phase-down of mercury uses and releases in dentistry; prohibiting and restricting the use of mercury in listed manufacturing processes; and requiring Parties to control atmospheric emissions from listed point sources, such as coalfired power plants and waste incineration facilities. Second, seven implementation challenges are discussed. Among the challenges are: reaching rigorous ratification of the Convention; ensuring timely phase-outs; achieving actual reductions in mercury emissions and releases; ensuring adequate financing; and sorting out relationships with other conventions and international mercury-related initiatives.加拿大社会科学和人文研究委员会给予“北极海洋治理跟踪与展望”项目的科研支

Canada and ocean climate adaptation: tracking law and policy responses, charting future directions

This research article provides a law and policy summary of climate change adaptation initiatives in Canada at the ocean-climate nexus. Three levels of governance are examined (national, provincial, and Indigenous) with a focus on the Atlantic region. The research method was the review of relevant and newly amended laws, regulations and policy statements, and related commentaries. The roles of the federal government are first described with key developments including the launch of a Climate Adaptation Platform in 2012 to share adaptation experiences and information and release of a National Adaptation Strategy and accompanying Adaptation Action Plan in November 2022. Federal adaptation efforts in the areas of fisheries, aquaculture and shipping are also reviewed along with progress in establishing marine protected areas (MPAs) and other effective area-based conservation measures. Provincial adaptation initiatives are next summarized with a focus on the four Atlantic provinces. Those provinces have established a regional hub, CLIMAtlantic, to provide climate information and advance climate-related research and training. Each province has developed a climate action plan which includes climate adaptation priorities. Indigenous-led climate engagement and adaptation initiatives are finally described including the publication in 2019 of a National Inuit Climate Change Strategy, regional initiatives of the Atlantic Policy Congress of First Nations Chiefs Secretariat, and the development of climate adaptation plans by select First Nation communities in the Atlantic region. The paper concludes by discussing future law and policy directions to make Canada more “climate ready.” Adoption of climate adaptation strategies for governmental departments and agencies with ocean and coastal responsibilities should be a priority. Incorporating climate change adaptation responsibilities through legislative and regulatory changes also needs to be considered, for example, by amending Canada’s Oceans Act to recognize the role of oceans in climate adaptations and mitigation, to authorize the designation of MPAs as climate refuges and to require adaptive and dynamic MPA management plans through strict monitoring and timely review provisions. Indigenous peoples must be effectively included in all climate adaptation discussions and planning

Impacts of the Changing Ocean-Sea Ice System on the Key Forage Fish Arctic Cod (Boreogadus Saida) and Subsistence Fisheries in the Western Canadian Arctic—Evaluating Linked Climate, Ecosystem and Economic (CEE) Models

This study synthesizes results from observations, laboratory experiments and models to showcase how the integration of scientific methods and indigenous knowledge can improve our understanding of (a) past and projected changes in environmental conditions and marine species; (b) their effects on social and ecological systems in the respective communities; and (c) support management and planning tools for climate change adaptation and mitigation. The study links climate-ecosystem-economic (CEE) models and discusses uncertainties within those tools. The example focuses on the key forage species in the Inuvialuit Settlement Region (Western Canadian Arctic), i.e., Arctic cod (Boreogadus saida). Arctic cod can be trophically linked to sea-ice algae and pelagic primary producers and are key vectors for energy transfers from plankton to higher trophic levels (e.g., ringed seals, beluga), which are harvested by Inuit peoples. Fundamental changes in ice and ocean conditions in the region affect the marine ecosystem and fish habitat. Model simulations suggest increasing trends in oceanic phytoplankton and sea-ice algae with high interannual variability. The latter might be linked to interannual variations in Arctic cod abundance and mask trends in observations. CEE simulations incorporating physiological temperature limits data for the distribution of Arctic cod, result in an estimated 17% decrease in Arctic cod populations by the end of the century (high emission scenario), but suggest increases in abundance for other Arctic and sub-Arctic species. The Arctic cod decrease is largely caused by increased temperatures and constraints in northward migration, and could directly impact key subsistence species. Responses to acidification are still highly uncertain, but sensitivity simulations suggests an additional 1% decrease in Arctic cod populations due to pH impacts on growth and survival. Uncertainties remain with respect to detailed future changes, but general results are likely correct and in line with results from other approaches. To reduce uncertainties, higher resolution models with improved parameterizations and better understanding of the species' physiological limits are required. Arctic communities should be directly involved, receive tools and training to conduct local, unified research and food chain monitoring while decisions regarding commercial fisheries will need to be precautionary and adaptive in light of the existing uncertainties

Advancing Research for the Management of Long-Lived Species: A Case Study on the Greenland Shark

Long-lived species share life history traits such as slow growth, late maturity, and low fecundity, which lead to slow recovery rates and increase a population’s vulnerability to disturbance. The Greenland shark (Somniosus microcephalus) has recently been recognized as the world’s longest-lived vertebrate, but many questions regarding its biology, physiology, and ecology remain unanswered. Here we review how current and future research will fill knowledge gaps about the Greenland shark and provide an overall framework to guide research and management priorities for this species. Key advances include the potential for specialized aging techniques and demographic studies to shed light on the distribution and age-class structure of Greenland shark populations. Advances in population genetics and genomics will reveal key factors contributing to the Greenland shark’s extreme longevity, range and population size, and susceptibility to environmental change. New tagging technologies and improvements in experimental and analytical design will allow detailed monitoring of movement behaviors and interactions among Greenland sharks and other marine species, while shedding light on habitat use and susceptibility to fisheries interactions. Interdisciplinary approaches, such as the combined use of stable isotope analysis and high-tech data-logging devices (i.e., accelerometers and acoustic hydrophones) have the potential to improve knowledge of feeding strategies, predatory capabilities, and the trophic role of Greenland sharks. Measures of physiology, including estimation of metabolic rate, as well as heart rate and function, will advance our understanding of the causes and consequences of long lifespans. Determining the extent and effects of current threats (as well as potential mitigation measures) will assist the development of policies, recommendations, and actions relevant for the management of this potentially vulnerable species. Through an interdisciplinary lens, we propose innovative approaches to direct the future study of Greenland sharks and promote the consideration of longevity as an important factor in research on aquatic and terrestrial predators

The Gulf Of Maine Boundary Dispute And Transboundary Management Challenges: Lessons To Be Learned

One might be cynical about the usefulness of trying to draw legal guidance from a judicial determination of a United States-Canada dispute admitted by the judges themselves to be geographically unique. As stated by the majority of the judges in the Case Concerning Delimitation of the Maritime Boundary in the Gulf of Maine Area (Gulf of Maine Case) decision: Although the practice is still rather sparse, owing to the relative newness of the question, it too is there to demonstrate that each specific case is, in the final analysis, different from all the others, that it is monotypic and that, more often than not, the most appropriate criteria, and the method or combination of methods most likely to yield a result consonant with what the law indicates, can only be determined in relation to each particular case and its specific characteristics. However, this Article, after providing a brief historical overview of the Gulf of Maine dispute, suggests six general lessons to be extracted from the Gulf of Maine Case. Those lessons include: the utility of binding dispute resolution and the International Court of Justice (ICJ) Chamber procedure; the flexibility in establishing the parameters for binding dispute resolution; the possible linkability of a binding dispute resolution agreement with other marine management and entitlement issues; the possible variability of maritime boundary claims over time; the divisibility of the line drawing task; and the advisability of pursuing the binding dispute resolution alternative. Two additional lessons have emerged in the wake of the case. First is the continuity of transboundary ocean and coastal governance challenges, even after an ocean boundary is drawn. Second is the evolutionary nature of maritime boundary methodology where subsequent cases have further clarified the rather murky delimitation approach set out in the Gulf of Maine Case

Research Handbook on Polar Law

This timely Research Handbook explores the concept of polar law as a coherent body of law and as a set of rules and principles that applies to both the Arctic and Antarctic. It captures the evolution of polar law and policy, identifying future directions for research in this emerging and growing field. Expert international contributors analyse the concept of polar law across a range of areas including human rights, bioprospecting, tourism, environmental protection and fisheries management. They examine how Antarctic and Arctic regional regimes contribute to polar law, scrutinizing international treaties, agreements and arrangements. With a focus on the evolution of polar law in the context of the Anthropocene, chapters cover key issues related to the poles, such as climate change, minerals exploration and boundary disputes. Demonstrating the benefits of polar as opposed to bipolar law, this Research Handbook provides a critical assessment of contemporary challenges to the field. Incorporating a diverse range of themes and topics, this Research Handbook will be a valuable resource for academics and students of polar law as well as those interested in how international law applies to the polar regions. It will also be beneficial for diplomats and policy makers working in polar law and policy fields.https://digitalcommons.schulichlaw.dal.ca/faculty_books/1036/thumbnail.jp