диссертация (1169188), страница 86
Текст из файла (страница 86)
As Prof. Brownlie notes: “No overarching502Stroeve J., Holland M., Meier W., Scambos T., Serreze M. Arctic sea ice decline: Faster than forecast. /Geophysical Research Letters. 2007. Vol. 34, L09501, doi: 10, 1029/2007GL029703.503IPCC (2007) Fourth assessmenthttp://www.ipcc.ch/.Accessed 20 Aug 2011.report.IntergovernmentalPanelonClimateChange.504Nikolaev A.N., Dudykina I. P. Legal Issues of Preservation and Rational Management of Marine LivingResources in the Central Arctic. // International Cooperation in Environmental Protection, Preservation, andRational Management of Biological Resources in the Arctic Ocean. Ed.-in-Chief Ivanov I.S. M. 2013. P. 59–68.505Ivanov I.S., Vylegzhanin A.N. (Eds.). Arkticheskii region: problemy mezhdunarodnogo sotrudnichestva [TheArctic Region: Issues of International Cooperation].
In 3 vols. Vol. 3. Primenimye pravovye istochniki [ApplicableLaw]. Introductory article by Vylegzhanin A.N. М. 2013. 660 pp. The English version of such an encyclopedia ofthe most comprehensive, including the latest legal acts: Berkman P.A., Vylegzhanin A.N. …378regime equivalent to the Antarctic Treaty system operates in the Arctic, which isinstead governed largely by the law of the sea and the domestic legislation of theeight Arctic states”.
506 Development of the legal framework in such areas asenergy, marine transportation, tourism and the social sphere, depends on theinteraction and active cooperation of the Arctic states. Scholars, however, view theprospects of such cooperation differently. According to some scenarios, theavailability of resources, especially energy resources, coupled with a not entirelyclear legal framework, may intensify competition for them and result in increasedinterstate tensions.507This scenario can be seen in a number of official documents.
Thus, in March2008, the EU published a report entitled “Climate change and internationalsecurity,” among other things, touching upon the topic of potential resource-relatedconflicts in the Arctic. The increased availability of vast energy resources in theArctic is changing the geo-strategic dynamic in this region, having a potentialimpact on international stability and European security interests, the Report states.It also emphasizes heightened competition for access and control over energyresources which will, according to the Report’s authors, cause tensions aroundterritorial issues in the Arctic to increase.508In the U.S., the topic of potential interstate conflicts concerning Arcticnatural resources is used as an argument in favour of the presence of the Americannavy in the region.
A document entitled “A cooperative strategy for 21st centuryseapower” published in 2007 asserts that the warming of the climate, graduallyopening new Arctic areas for economic activities leads not only to newopportunities for exploiting natural resources there, but also to the formation ofnew navigational routes, capable of “changing the global transport system.” Thisdevelopment may create new opportunities for economic growth, but also,506Brownlie’sPrinciplesofPublicInternationalLaw.P.346.507Wadhams P. Diminishing Sea-Ice Extent and Thickness in the Arctic Ocean. / Environmental Security in theArctic Ocean.
Ed. by Berkman P.A. and Vylegzhanin A.N. Cambridge, UK. Springer. Dordrecht. 2013. P. 15–36.508European Union Climate change and international security. Paper from the high representative and the EuropeanCommissiontotheEuropeanCouncil,3May2008.http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/reports/99387pdf.379according to the strategy’s drafters, serves as a “potential source of conflictsrelating to natural resources.”509 Much the same alarmist statements are reflected inthe new document, too.These projections suggested in official documents may evidence a trend,taking shape in some Arctic states, to view their northern neighbours as potential“rivals” in using the territories and natural resources of the Arctic. Some foreignpolitical and legal studies note that the existing territorial disputes in the Arcticwill become more relevant by 2030 and will spur an increase of military presencein the region; at the same time, it is hardly reasonable to talk about impendingarmed conflict; states would prefer to use international law to resolvecontroversies: their economic interests in the region, including opportunities forattracting foreign investors, are too high.510 Other foreign analysts underline thatscholarly opinions as to whether climate change will cause conflicts, are veryvaried.511 In any event, the link between climate change and possible conflicts isfar from evident.
The discourse involves the impact of multiple external factors,including the role of regional organisations, the public and business, resourcepressing, etc. In general, although it is noted that the issue of the link betweenclimate change and potential growth of tensions in interstate relations isunderstudied, no serious complications in the relations of Arctic states areanticipated. Barry Zellen underscores in his new book that armed force will bepresent in the region and will to some extent define the availability of resources,but a more likely scenario would imply updating the Arctic boundaries “withleadership of science.” 512 In this context, foreign scholars stress the positiveaspects of a coordinated position of the Arctic states; their adherence to509UnitedStatesNavy.Acooperativehttp://www.nay.mil/maritime/MaritimeStrategy.pdfstrategyfor21stcenturyseapower.(2007)510Atland R.
The Security Implication of Climate Change in the Arctic Ocean. / Environmental Security in theArctic Ocean. Ed. by Berkman P.A. and Vylegzhanin A.N. Dordrecht, 2013, P. 209.511Salehyan I. From climate change to conflict. No consensus yet. // Journal of Peace Research (2008) 45 (3). P.315–326.512Zellen B.S. Arctic doom, Arctic boom: the geopolitics of climate change in the Arctic. Praeger, Santa Barbara(2009).380international law, including its customary norms that they affirmed in the IlulissatDeclaration.513In the same sense, the Science journal (having a multi-million readership)lauded the execution of the 2017 Agreement on Enhancing International ArcticScientific Cooperation.514As noted in this journal widely cited in the US, the UK and in many otherwestern countries: “Negotiated under the auspices of the Arctic Council through aprocess co-led by Russia and the United States, the agreement recognizes first “theimportance of maintaining peace, stability and constructive cooperation in theArctic.
This legally binding agreement aims to enhance scientific cooperation by“removing obstacles” and by providing a basic road map and commitment tofacilitate consistent access for marine, terrestrial, and atmospheric research on apan-Arctic scale.” The paper published in Science underlines that the ArcticScience Agreement “enables new movement of researchers, students, equipment,and materials”. The Agreement also promotes “sharing of data and metadata inways that were not previously possible.”Thus, at present, foreign political and legal literature states both theemerging risks of new international conflicts, and the political and legalopportunities for overcoming the respective risks, the spheres for cooperation inthe Arctic and new premises for the development of legal regulation by states inthe region that would correspond to the “new Arctic environment” forming underthe influence of climate change in the region.That is, the alarmist suggestions on the disastrous effects of climate changein general and ice-melting in the Arctic previously noted in Russian studies,515 are513IlulissatDeclarationArcticOceanConference.http://www.oceanlaw.org/downloads/Arctic/Ilulissat_Declaration.pdf.AccessedIlulissat.(2008)514Berkman P.A., Kullerud L., Pope A., Vylegzhanin A., Young O.
The Arctic Science Agreement propels sciencediplomacy. // Science. 3 November 2017. Vol. 358. Issue 6363. P. 2–4.515See, in particular, Maleev Yu.N. Global’noe poteplenie - gotovo li k vstreche ego mezhdunarodnoe pravo?[Global Warming – Is International Law Ready for It?] / Mezhdunarodnoe pravo i natsional’nye interesy RossiiskoiFederatsii [International Law and the National Interests of the Russian Federation]. Liber amicorum in honour ofAmbassador Extraordinary and Plenipotentiary, Professor O.N. Khlestov.
Collected articles. М. 2008. P. 225–245.381being replaced by more realistic projections and constructive proposals, includingof an international legal nature.Here, foreign researchers prioritise the problem of conserving the Arcticecosystem. It is noted that the Arctic is significant globally from the standpoint ofconserving a great variety of species of flora and fauna, biochemical processes andclimate on the Earth; a 2010 assessment of Arctic biodiversity conducted under theaegis of the Arctic Council by the Working Group for the Conservation of Floraand Fauna has shown that many Arctic ecosystems, including the ice sheet, thetundra, the lakes, etc., have been disappearing in recent decades.
Their furtherexistence is jeopardized by climate change, destruction of habitats and excessiveexploitation of natural resources.Accordingly, the essence of the problem is presented as follows. Untilrecently, Arctic natural resources were scarcely available. Now, as theirexploitation is becoming considerably more active, the Arctic still, despite thepollution already caused in the region, remains relatively “clean” (as compared toother regions of the Globe). In this context, legal scholars point at the need andpossibility of creating legal regulation in the Arctic, which would become “amodel for integrated ecosystem-based management.”516 In other words, they claimthat conservation of the Arctic nature requires, from the legal standpoint, a“fundamental change” in governing its natural resources.
![](https://s.studizba.com/z.php?f=/templates/si/i/noavatar.png&w=100&h=100&t=1"){kind=avatar}
