Exploring the intersections of science, ocean-space & law within the context of the emerging legal status of sea ice in the Arctic Ocean

Abstract:

Alterations to the physical environment coupled with internal feedbacks are causing rapid spatial and temporal changes in sea ice cover in the Arctic Ocean and its adjacent shelf seas. These changes are problematic not only for the ecosystem services that sea ice provides, but for governance of future development in the region as well. Change to the physical environment of sea ice is ultimately spatial in nature: marked loss of sea ice extent reduces space for marine mammal transport and reproduction, indigenous access to sources of hunting, and reduced shoreline extent from increased erosion. In other spatial contexts, however, the reduction of sea ice extent in this region creates more open water spaces, which are conducive to both maritime activity and shallow water offshore drilling operations. As such, much attention is shifting toward the examination of the legal status of sea ice in the United States and Canadian Arctic. Future projections of sea ice in this region indicate significant alterations to seasonal sea ice extent and thickness, with the possibility of a nearly ice free summer within 30 years. As of yet, no standardized, internationally recognized legal regime exists for sea ice. Changes to its legal status could spatially and temporally alter patterns of development and indigenous interactions in this dynamic region. Critical legal geography offers a useful framework for examining the inseparable relationship that exists between law and space. Exploring the spatial and temporal variability of sea ice within a critical legal context could offer a framework for decision-making in this rapidly changing region.