The Central Arctic Ocean Fisheries Agreement as an element in the evolving Arctic Ocean governance complex

Abstract

The Central Arctic Ocean (CAO) has attracted increased attention since representatives of the five Arctic coastal states together with representatives of four other states and the European Union signed the Agreement to Prevent Unregulated High Seas Arctic Fisheries in October 2018. This article assesses the significance of this development as an element in the evolving governance complex for the Arctic Ocean. We begin with a discussion of the relevant legal framework, including universal treaties such as the UN Convention on the Law of the Sea (UNCLOS) and the Arctic lex specialis going back to the conventions of the Arctic coastal States in the 19th century and elaborated more recently under the terms of the 1996 Ottawa Declaration on the Establishment of the Arctic Council and ensuing arrangements. We then analyze the 2018 Agreement itself as an innovative arrangement including Arctic and non-Arctic states. This assessment leads to several conclusions. The agreement constitutes a progressive contribution to the evolving governance complex for the Arctic Ocean. Striking features of the agreement are (i) its reliance on a precautionary approach put in place before human activities get underway on a large scale and designed to ensure sustainability and (ii) the inclusion of non-Arctic states and the European Union as signatories. We consider whether the Central Arctic Ocean Fisheries Agreement will emerge as an important precedent with significant implications for the governance of the CAO as an area beyond national jurisdiction and for the Arctic Ocean governance complex more generally.