Abstract
This legal brief commissioned by the Natural Resource Defense Council (NRDC) responds to five legal questions related to the opportunity to institutionalize Arctic cooperation through the adoption of a legally binding agreement: 1. What changes would be required in order to allow the Arctic Council (AC) to host an Arctic Regional Seas agreement along the lines of the Convention for the Protection of the marine Environment of the North-East Atlantic (OSPAR)? 2. What changes would be required in order to allow the Arctic Council (AC) to administer an oil spill liability scheme and oil pollution liability fund (i.e. ability to enter into contracts, etc.)? 3. Alternatively, if the Arctic governments negotiated a regional seas agreement separately, would it be possible to then forge a 'link' to the Arctic Council? 4. What legal steps are required to bring the existing AC agreements under the new agreement? 5. What legal options exist in order to deal with the participation of…permanent participants?…Arctic states without access to the Ocean (sensitivity)?…non-Arctic states in the context of the adoption of a ocean agreement?
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