Unlocking Oil and Gas Reserves in the Arctic Ocean: Is there a Conventional Solution to Delimitation of the Maritime Boundaries?

Significant oil and gas resources beneath the seabed of the Arctic Ocean and its adjacent seas are becoming increasingly accessible as the polar ice cap melts. There has been considerable media and academic interest in the issue of which states have the sovereign rights to exploit these resources. This article demonstrates that the United Nations Convention on the Law of the Sea (UNCLOS) provides a suitable framework for amicable resolution of all of the outstanding maritime boundary issues in the Arctic region. Determining the extent of the maritime zones and boundaries of the Arctic states under UNCLOS will provide the legal certainty necessary for resource exploration and exploitation. The article first establishes that the provisions of UNCLOS and the norms that they reflect are applicable to all five Arctic states, and then considers the current status of the various maritime boundaries between these states. The situation within 200 nautical miles (nm) of the Arctic coastline is shown to be generally unproblematic with few boundaries remaining to be delimited. Beyond 200 nm the situation becomes more complex. The littoral states must establish the outer limits of their continental shelf in accordance with the complex provisions of Article 76 and on the basis of recommendations from the Commission on the Limits of the Continental Shelf. Where this process reveals areas of overlap then the Arctic states will have to agree additional maritime boundaries under Article 83. Cooperation between the littoral states will be required if disputes are to be avoided.