THE SECOND COLD WAR: PEACEFUL DELIMITATION MAY NOT SURVIVE THE CHILL OF THE ARCTIC.

• Author: Bossier, Ashley

1. Introduction 56 II. Background 58 A. United Nations Convention of The Law of The Sea III 58 B. Maritime Zones 59 1. Zones Beyond State Jurisdiction 60 2. Zones Under State Jurisdiction 60 a. Baselines 61 b. Territorial Seas 61 c. The Contiguous Zone, EEZ, And Continental Shelf 62 3. Ice-Covered Areas 64 III. Expansion of the Continental Shelf 64 A. A Continental Shelf Beyond 200 Nautical Miles 64 B. The Commission's Decision 66 IV. Delimitation 67 V. Why a Country May Want to Expand 68 A. Norway's Extension Accepted 69 B. Submissions Under Review 70 1. Russia 70 2. Canada 72 3. Denmark 72 VI. Future Implications 73 A. United States of America 73 B. Russia: A Cause for Concern? 74 C. Conflict in the South China Sea 76 VII. Conclusion 77 I. INTRODUCTION

   The term "Arctic" often evokes images of polar bears, penguins, and the North Pole. Most people do not consider the abundance of minerals and resources frozen in time. The Arctic is the northernmost part of the planet and one of the coldest. It is not a traditional landmass, there is no land whatsoever (1), and the area is completely composed of ice. (2) However, the ice is disappearing swiftly due to global warming. The sun's rays hit the northern part of the Earth at a certain angle causing the most severe changes in temperature than anywhere else on the planet. (3) The average temperature in the Arctic is rising twice as fast as the rest of the world and it is believed that it will be completely ice-free during the summer months by 2040. (4) In December 2021, the United Nations reported the highest temperatures ever documented in the area (5) when a town in northern Siberia reached a sweltering 100.4 degrees Fahrenheit. (6) More than one million square miles of ice melted and disappeared from the Arctic in one summer because of global warming. (7) The outer edge of the sea ice has been declining roughly 13 percent each decade since 1979. (8) In 2022, the Arctic's maximum extent of ice was recorded at 5.75 million square miles, the tenth-lowest peak in NASA's records. (9)

   With warmer temperatures and less ice, the Arctic has become more accessible to humans. (10) Such accessibility allows for more activities, such as new exploration of the region and shipping routes, mineral excavations, including oil and gas. (11) Exploration of the Arctic could lead to fantastic discoveries. The Arctic Ocean is recognized as an "unknown ecosystem" because of the lack of scientific research and knowledge of the area. (12) In fact, "[m]ore is known about the surface of Mars than about the Arctic Ocean's deep." (13) However, an increase in human activity brings more pollution to the area and an increased risk of further ice melt. (14) Pollution is a threat to all ecosystems, especially the Arctic, which is more exposed than ever before.

   As the ice disappears, new shipping routes open through previously frozen solid areas. The Arctic Ocean is roughly 2.8 million square miles and has historically been completely covered by multiple layers of ice. (15) Since the Arctic has been melting, some areas have become completely free of ice and are now accessible to shipping vessels during the summer months. New routes have opened up and shipyards have begun building new and improved vessels that can move through the ice without the help of icebreakers. (16) Currently, there is a port infrastructure project in the works to create a shipping route from Canada to Russia, which would reduce shipping times from 17 days to only eight days and cut costs by nearly 20 percent. (17) Routes like the Northern Sea Route and the Northwest Passage have also become more accessible and reliable as trade routes. (18)

   The Arctic has an abundance of minerals that have not been fully explored because of the thick multilayers of ice and extreme conditions. Under the Arctic seabed, there are large deposits of fossil fuels, organic materials, and minerals. (19) Roughly 25% of the world's untapped oil and gas are hidden in the Arctic. (20) While the Earth continues to heat up, countries worldwide are rapidly preparing for Arctic explorations like never before.

   Eight countries abut the Arctic Circle: Canada, Denmark, Finland, Iceland, Norway, Russia, Sweden, and the United States of America. (21) Each state has sovereignty over its land that extends into the Arctic Circle and the respective maritime zones of the Arctic Ocean. (22) Although states abut the Arctic Ocean, no single country or treaty governs the frozen ocean. (23) The Arctic Ocean is part of the high seas and is, therefore, open for exploration and data collection for the greater good of humanity. (24)

   Coastal states bordering the Arctic are trying to gain sovereignty over portions of the Arctic seabed by extending their continental shelves beyond their original limits. Each state has exclusive, sovereign rights over its continental shelf and all of the resources contained below the shelf. (25) By expanding its continental shelf toward the North Pole, a coastal state will control the seabed, subsoil, exploration, and exploitation of the area, data collection, and any potential profit from the extended territory. (26) Other countries may not explore the area or conduct scientific research without express permission from the sovereign state. (27) Although the states surrounding the Arctic seem far away from one another, in reality, they are much closer than they appear. The further north the coastal states extend their continental shelves, the closer they get to one another, as evidenced in the map below. (28)

   This comment will explore the process through which a coastal state submits to extend its continental shelf, why coastal states may want to extend their continental shelves, how disputes between coastal states regarding overlapping borders are handled, and, finally, the future implications that these expansions may have around the world.

2. BACKGROUND

   1. UNITED NATIONS CONVENTION OF THE LAW OF THE SEA III

      The third, and most recent, United Nations Convention of the Law of the Sea (hereinafter "UNCLOS" or "the Convention") took place between 1973 and 1982. (29) Representatives from over 150 countries attended the Convention. (30) It became enforceable in 1994 after 159 states signed the document. (31) The represented states worked together to create 320 articles and annexes to "govern all aspects of ocean space" and the resources contained therein. (32) During UNCLOS, the participating Nation-States discussed many different topics and aspects of the marine ecosystem. UNCLOS reinforced traditional laws, introduced new regulations, and addressed new concerns, like frozen areas of the sea. (33) It focused on the right of coastal states on the high seas and the rights within a state's exclusive economic zone ("EEZ"), frozen areas of the sea, and the need for all states to work together to contribute to the greater good of humanity. (34) As discussed later on, UNCLOS also divided the ocean into distinct maritime zones and explained which zones were subject to specific legal rules.

      The International Law of the Sea is an international body of law that contains different treaties and rules that are put in place to govern and manage the high seas and everyone who travels upon them. (35) The International Law of the Sea has three main principles: (1) the principle of freedom which allows every state, coastal and non-coastal alike, to travel the high seas; (2) the principle of sovereignty which protects coastal states and the areas under a state's control; and (3) the principle of the common heritage of man which seeks to promote the universal and common interests of the world. (36) One of the primary purposes of the International Law of the Sea is to determine how far a coastal state's jurisdiction reaches over different maritime zones and into the high seas. (37)

   2. MARITIME ZONES

      The ocean is divided into two main classifications of marine spaces, those beyond the national jurisdiction of a state and those within such jurisdictions. (38) The high seas and its subsurface area ("the Area") is beyond this jurisdiction while internal waters, territorial seas, international straits, archipelagic waters, the contiguous zone, the exclusive economic zone ("EEZ"), and the continental shelf are all under the adjoining state jurisdiction. (39)

      1. ZONES BEYOND STATE JURISDICTION

         "'The sea, like the air, is common to all mankind.'" (40) No coastal state has jurisdiction over the seas, and more specifically, no state has control over the high seas or the Area below them. These two maritime zones, the high seas, and the Area are governed by UNCLOS and other international laws and treaties. (41)

         The high seas are "all parts of the sea that are not included in the [EEZ], in the territorial sea or the internal waters of a State..." (42) The high seas are comprised of the waters that cover most of the Earth, which vessels of all nations may freely travel. (43) All states, coastal and non-coastal alike, have the freedom to use and travel the high seas. (44) They may only be used for "peaceful purposes" and cannot be ruled by a single nation-state. (45) States also enjoy the freedom to conduct scientific research on the high seas but are required to engage in the exchange of marine scientific data to promote the betterment and knowledge of mankind. (46)

         The other maritime zone that is not under the sovereignty of any state is called the Area. The Area, and all of its resources, like the high seas, are for all of mankind. (47) As stated in UNCLOS: "No State shall claim or exercise sovereignty or sovereign rights over any part of the Area or its resources, nor shall any State or natural or juridical person appropriate any part thereof. No such claim or exercise of sovereignty or sovereign rights nor such appropriation shall be recognized." (48) The Area is comprised of the seabed, subsoil, and ocean floor under the high seas. (49) Like the high seas, scientific...