Arctic Climate Change and U.S. Accession to the United Nations Convention on the Law of the Sea

AuthorRaul 'Pete' Pedrozo
PositionAssociate Professor, International Law Department, US Naval War College
Pages757-775
Arctic Climate Change and U.S. Accession to UNCLOS Vol. 89
757
N
Arctic Climate Change and U.S. Accession to the
United Nations Convention on the Law of the
Sea
Raul (Pete) Pedrozo *
I. INTRODUCTION
ew data released by the National Aeronautics and Space Administra-
tion (NASA)
1
and the National Oceanic and Atmospheric Administration
(NOAA)
2
in 2012 and 2013 reveals that the Arctic is melting much faster
than originally predicted. In September 2012, the Arctic Ocean ice pack
shrank to its lowest extent on record49 percent below the average over
the past 35 years.
3
This accelerated decrease in sea ice led the Administra-
* Associate Professor, International Law Department, US Naval War College.
1
. Rani Gran and Maria-José Viñas, NASA Finds Thickest Parts of Arctic Ice Cap Melting
Faster, NASA GODDARD SPACE FLIGHT CENTER, Feb. 29, 2012, ww w.nasa.gov/ top-
ics/earth/features/thick-melt.html (“A new NASA study revealed that the oldest and
thickest Arctic sea ice is disappearing at a faster rate than the younger and thinner ice at
the edges of the Arctic Ocean’s floating ice cap.”); A change of pace, NATIONAL SNOW AND
ICE DATA CENTER, July 17, 2013, http://nsidc.org/arcticseaicenews /2013/07/a-change-
of-pace/ (“During t he first two weeks of July, ice extent declined at a rate . . . 61% faster
than the average rate of decline over the period 1981 to 2010.”).
2
. Jeffries, M. O., J. A. Richter-Menge and J. E. Overland, Eds., December 2012: Arctic
Report Card 2012, 3642, http://www.arctic.noaa.gov/reportcard (“Sea ice extent in Sep-
tember 2012 reached the lowest observed in the satellite record (1979present).”)
3
. Joel Clement, John Bengtson and Brendan Kelly (Lead Authors), Managing for the
Future in a Rapidly Changing Arctic, A Report to the President from the Interagency Working
International Law Studies 2013
758
tion to re-think the need for a new national strategy to address the signifi-
cant management, safety and security challenges posed by a rapidly chang-
ing Arctic environment.
4
After several months of deliberation, the White
House released a new National Strategy for the Arctic Region on May 10, 2013
that seeks to “guide, prioritize, and synchronize efforts to protect U.S. na-
tional and homeland security interests, promote responsible stewardship,
and foster international cooperation.”
5
Eleven days later, the U.S. Coast
Guard rolled out its new Arctic Strategy, recognizing that there will be an
“increasing demand for the Coast Guard to ensure the safety, security and
stewardship of the nation’s arctic waters” as Arctic ice recedes and mari-
time activity increases.
6
The new National Strategy will also likely cause the
U.S. Navy to look at its Arctic Roadmap published in 2009.
7
The National Strategy is built on three lines of effort:
Advance U.S. security interests;
Pursue responsible Arctic region stewardship; and
Strengthen international cooperation.
8
Group on Coordination of Domestic Energy Development and Permitting in Alaska
(Mar. 2013).
4
. The Interagency Working Group report to the President recommended that the
U.S. Government:
- Adopt an Integrated Arctic Management approach that integrates and balances envi-
ronmental, economic and cultural needs and objectives when making stewardship
and development decisions affecting the U.S. Arctic;
- Ensure ongoing high-level White House leadership on Arctic issues, including the
development of a new National Strategy for the Arctic Region through the Presiden-
tial Policy Directive process;
- Strengthen key partnerships with the State of Alaska and Alaska Native tribal gov-
ernments and organizations;
- Promote better stakeholder engagement on planning and management issues; and
- Coordinate and streamline federal action by identifying overlapping missions and re-
ducing duplication of effort.
Id., at 3.
5
. National Strategy for the Arctic Region, May 10, 2013, at 5, available at
http://www.whitehouse.gov/sites/default/files/docs/nat_arctic_strategy.pdf .
6
. United States Coast Guard Arctic Strategy, The United States Coast Guard’s Vision for
Operating in the Arctic Region: Ensure Safe, Secure and Environmentally Responsible Maritime Activity
in the Arctic, May 21, 2013.
7
. Memorandum from J.W. Greenert, Admiral, U.S. Navy, Navy Artic Roadmap
(Nov. 10, 2009), Annex U.S. Navy Arctic Roadmap (Oct. 2009).

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