Lexpert Special Editions

| POLAR MINING | The Next Frontier Territorial claims over a potential wealth of resources under the Arctic seabed will depend not only on international law, but also diplomacy - Special to the Lexpert Leading Canadian Lawyers in Global Mining, written and sponsored by Lawson Lundell LLP THE POLAR REGION'S natural resources are becoming a top priority for nations bordering the Arctic Ocean. The increased accessibility of the region, combined with speculation over a wealth of natural resources in the seabed and subsoil, has prompted research expeditions by all five of the Arctic bordering countries in hopes of establishing greater Maritime borders and laying claim to a larger continental shelf. Russia even symbolically staked claim to the Lomonosov Ridge when in 2007 they planted a flag on the seabed of the North Pole, an area that they claim to be part of their extended continental shelf. The five Arctic bordering countries are Canada, the Russian Federation, Norway, Denmark (GreenUntil ratification of the land) and the United States. UNCLOS by the United States, the delimitation of the Potentially resource-rich outer limits of the extended underwater territory is at continental shelves in the Arctic stake, and all five Arctic nawill likely be brought about by tions have sought to further diplomatic co-operation, rather than by application their interests in the area. of the treaty. Although co-operation among the northern players has helped guide some of the expeditions, disputed territorial claims are still left unresolved, such as the disputes over Hans Island, the Beaufort Sea and the Northwest Passage. As states take steps to exploit the resources under the continental shelf, the prospect of further disputes seems likely. Four of the five bordering countries have prepared or are in the midst of preparing submissions to the Commission on the Limits 12 LEXPERT | 2013/14 | WWW.LEXPERT.CA of the Continental Shelf (CLCS), pursuant to Section 76(8) of the United Nations Convention on the Law of the Sea (UNCLOS), for an extended continental shelf beyond the 200-nautical-mile limit. Canadian research expeditions have come to a close, and a submission will be presented to the CLCS by the December 6, 2013, deadline. The Danish submission is expected by December 16, 2014, whereas both Norway and Russia have both received recommendations from the CLCS with regards to their submissions. The United States has yet to ratify the UNCLOS, a subject that has been debated in the US Senate on numerous occasions and remains a highly political issue. There are currently no indications that ratification of the treaty will be forthcoming in the coming year. While the UNCLOS sets out procedures for the peaceful resolution of Maritime boundaries disputes, not all Arctic bordering countries are party to the convention. Where competing claims arise between parties and non-parties to the convention, how will such disputes be settled if the UNCLOS is denied jurisdiction by one of the competing states? The law of the sea is a vast area of international law that evolved through customary international law practices as well as two main codification phases. The evolution of the law of the sea attests to the vast efforts made on behalf of the international community in hopes of balancing on the one hand the increasing claims by states for sovereign rights over greater marine zones, and on the other hand the fundamental concept of the common heritage of mankind attributed to the high seas.1 While early stages of these customary practices only allotted coastal states a territorial limit of three nautical miles, later practices have extended

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