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Xiamen academy of international law

Efe Kurnaz
Efe Kurnaz

The document discusses recent developments and challenges related to polar law. It notes that the polar regions are facing dramatic changes due to factors like climate change and increased human activity. It summarizes the international legal regimes governing Antarctica and the Arctic, including key treaties. It also outlines stakeholders in the polar regions and their interests. Recent developments discussed include Turkey's growing involvement in polar issues like seeking observer status in the Arctic Council and planning its first Antarctic expedition. Challenges to Turkey's polar engagement are identified as well, such as lack of public awareness, funding, and infrastructure.

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Polar Law Recent Developments and Challenges Onur Sabri DURAK Istanbul Technical University Maritime Faculty & Polar Research Center duraks@itu.edu.tr duraks@polarresearch.com
1. Introduction Why Polar Regions? Polar Regions are facing dramatic changes. Natural resources of world are decreasing while need for energy and water is increasing. Only Antarctic holds 90% of ice/ice covered waters of the world. New transportation routes. The climate change and human activities in Polar Regions require a review of recent status quo and if possible develop new approaches. Under the recent legal status quo, non of the States in the world is eligible to administrate all oceans and seas by herself. Different interests and concerns of States on Oceans and Seas. Historical/Geographical/Political Concepts. Questions: Greenland belongs to which continent? 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 2
2. Polar Regions Antarctic 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 3
2. Polar Regions Arctic (Contd) 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 4
3. International Regime Antarctica Antarctic Treaty Protocol on Environmental Protection to the Antarctic Treaty Annex I: Environmental Impact Assessment Annex II: Conservation of Antarctic Fauna and Flora Annex III: Waste Disposal and Waste Management Annex IV: Prevention of Marine Pollution Annex V: Area Protection and Management Convention on the Conservation of Antarctic Marine Living Resources Convention for the Conservation of Antarctic Seals 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 5
3. International Regime Antarctica (Contd) Some important provisions of the Treaty: Antarctica shall be used for peaceful purposes only (Art. I) Freedom of scientific investigation in Antarctica and cooperation toward that end shall continue (Art. II). Scientific observations and results from Antarctica shall be exchanged and made freely available (Art. III). Any nuclear explosions in Antarctica and the disposal there of radioactive waste material shall be prohibited (Art. V) 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 6
3. International Regime Arctic (Contd) Declaration on Establishment of the Arctic Council (The Ottawa Declaration), 1996. Framework Docuent (Chapteau) for the Sustainable Development. Arctic Council Observer Manual Agreement on Cooperation in Aeronautical and Maritime Search and Rescue in the Arctic (Arctic SAR Agreement) Conservation of Arctic Flora and Fauna (Working Group). 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 7
4. Stakeholders, Concerns and Benefits Stakeholders Regional States International Organizations Other States having concerns and benefits on Polar Regions Regional/Indigenous Peoples Maritime Industry Mining and Energy Industries Fisheries and Food Industry Scientists NGOs Concerns and Benefits Sovereignty Claims Distribution of mining and energy resources Utilization of international maritime routes Rights of Regional/Indigenous Peoples Scientific Researches 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 8
5. Recent Developments Antarctic Consultative Members, 29 States Non-Consultative, 23 States As of 27 January 2015, Kazakhstan Arctic Observer States: India, Singapore, Italy, Japan, South Korea, China Ad-hoc Observer: Turkey, EU IMO Polar Code Mandatory under both the International Convention for the Safety of Life at Sea (SOLAS) and the International Convention for the Prevention of Pollution from Ships (MARPOL) MSC Amendments in November 2014 MEPC Amendments in May 2015 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 9
6. Turkey at Polar Regions Despite being late, Turkey has set its sights on the Antarctica. Widespread interests in White Continent which has become a magnet for countries with respect to natural resources and scientific and environmental issues had finally drawn the attention of Turkey since for many years and interest in the subject of Antarctica and Arctic remained on paper. Interest in the Antarctic started with the signing of the Antarctic Treaty. Turkey ratified the Treaty in 1995 but always remained silent for 18 years. Since 2013, with the guidance of Istanbul Technical University, Turkey is developing her Polar Regions Policy. 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 10
6. Turkey at Polar Regions (Contd) Official Gazette, D. 18.09.1995, N. 22408, 95/7172 Numbered Decision on the Accession of Antarctic Treaty. Draft Code on the Accession of Environmental Protocol to the Antarctic Treaty Status Quo : On the agenda Main Commission : Submitted the report (Ministry of Foreign Affairs) Secondary Commission : Not submitted the report (Ministry of Environment and Urbanization) 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 11
6. Turkey at Polar Regions (Contd) Observer Status in Arctic Council Application under process. Ad-hoc Observer 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 12
6. Turkey at Polar Regions (Contd) Official Gazette, D. 02.10.2014, N. 29137, Decision on the Acceptance of National Marine Research Strategy Document of Turkey Article 6/a/(1) and 6/a/(2) To provide effective enforcement of marine researches in seas and maritime jurisdiction zones. With a global perspective, encourage conducting marine researches in areas which are not a part of Turkish seas or maritime jurisdiction zones likewise Arctic and Antarctic. 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 13
6. Turkey at Polar Regions (Contd) Official Gazette, D. 17.01.2015, N. 29239, Istanbul Technical University Polar Researches Research and Implementation Center Regulation 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 14
6. Turkey at Polar Regions (Contd) Planned Voyage Date : March 2016 Destination : Antarctic Purpose : Expedition Participants : 15 20 Scientists and researchers Research Fields : Glaciology, Climate Change, Environment, Meteorology, Biology, Molecular Biology, Fisheries, Chemistry, Astronomy and Space Sciences, Geology, Oceanography, Cartography, Policy and Law. 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 15
7. Challenges Public awareness, Bureaucracy, resistance of public authorities, Funding, Structural difficulties (construction of a base or research vessel), Networking, Cooperation and Lobbying, Volunteer researchers for polar researches and studies. 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 16
7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 17 THANKS ANY QUESTIONS? Onur Sabri DURAK duraks@itu.edu.tr duraks@polarresearch.com www.polarresearch.center

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Xiamen academy of international law

  • 1. Polar Law Recent Developments and Challenges Onur Sabri DURAK Istanbul Technical University Maritime Faculty & Polar Research Center duraks@itu.edu.tr duraks@polarresearch.com
  • 2. 1. Introduction Why Polar Regions? Polar Regions are facing dramatic changes. Natural resources of world are decreasing while need for energy and water is increasing. Only Antarctic holds 90% of ice/ice covered waters of the world. New transportation routes. The climate change and human activities in Polar Regions require a review of recent status quo and if possible develop new approaches. Under the recent legal status quo, non of the States in the world is eligible to administrate all oceans and seas by herself. Different interests and concerns of States on Oceans and Seas. Historical/Geographical/Political Concepts. Questions: Greenland belongs to which continent? 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 2
  • 3. 2. Polar Regions Antarctic 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 3
  • 4. 2. Polar Regions Arctic (Contd) 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 4
  • 5. 3. International Regime Antarctica Antarctic Treaty Protocol on Environmental Protection to the Antarctic Treaty Annex I: Environmental Impact Assessment Annex II: Conservation of Antarctic Fauna and Flora Annex III: Waste Disposal and Waste Management Annex IV: Prevention of Marine Pollution Annex V: Area Protection and Management Convention on the Conservation of Antarctic Marine Living Resources Convention for the Conservation of Antarctic Seals 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 5
  • 6. 3. International Regime Antarctica (Contd) Some important provisions of the Treaty: Antarctica shall be used for peaceful purposes only (Art. I) Freedom of scientific investigation in Antarctica and cooperation toward that end shall continue (Art. II). Scientific observations and results from Antarctica shall be exchanged and made freely available (Art. III). Any nuclear explosions in Antarctica and the disposal there of radioactive waste material shall be prohibited (Art. V) 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 6
  • 7. 3. International Regime Arctic (Contd) Declaration on Establishment of the Arctic Council (The Ottawa Declaration), 1996. Framework Docuent (Chapteau) for the Sustainable Development. Arctic Council Observer Manual Agreement on Cooperation in Aeronautical and Maritime Search and Rescue in the Arctic (Arctic SAR Agreement) Conservation of Arctic Flora and Fauna (Working Group). 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 7
  • 8. 4. Stakeholders, Concerns and Benefits Stakeholders Regional States International Organizations Other States having concerns and benefits on Polar Regions Regional/Indigenous Peoples Maritime Industry Mining and Energy Industries Fisheries and Food Industry Scientists NGOs Concerns and Benefits Sovereignty Claims Distribution of mining and energy resources Utilization of international maritime routes Rights of Regional/Indigenous Peoples Scientific Researches 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 8
  • 9. 5. Recent Developments Antarctic Consultative Members, 29 States Non-Consultative, 23 States As of 27 January 2015, Kazakhstan Arctic Observer States: India, Singapore, Italy, Japan, South Korea, China Ad-hoc Observer: Turkey, EU IMO Polar Code Mandatory under both the International Convention for the Safety of Life at Sea (SOLAS) and the International Convention for the Prevention of Pollution from Ships (MARPOL) MSC Amendments in November 2014 MEPC Amendments in May 2015 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 9
  • 10. 6. Turkey at Polar Regions Despite being late, Turkey has set its sights on the Antarctica. Widespread interests in White Continent which has become a magnet for countries with respect to natural resources and scientific and environmental issues had finally drawn the attention of Turkey since for many years and interest in the subject of Antarctica and Arctic remained on paper. Interest in the Antarctic started with the signing of the Antarctic Treaty. Turkey ratified the Treaty in 1995 but always remained silent for 18 years. Since 2013, with the guidance of Istanbul Technical University, Turkey is developing her Polar Regions Policy. 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 10
  • 11. 6. Turkey at Polar Regions (Contd) Official Gazette, D. 18.09.1995, N. 22408, 95/7172 Numbered Decision on the Accession of Antarctic Treaty. Draft Code on the Accession of Environmental Protocol to the Antarctic Treaty Status Quo : On the agenda Main Commission : Submitted the report (Ministry of Foreign Affairs) Secondary Commission : Not submitted the report (Ministry of Environment and Urbanization) 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 11
  • 12. 6. Turkey at Polar Regions (Contd) Observer Status in Arctic Council Application under process. Ad-hoc Observer 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 12
  • 13. 6. Turkey at Polar Regions (Contd) Official Gazette, D. 02.10.2014, N. 29137, Decision on the Acceptance of National Marine Research Strategy Document of Turkey Article 6/a/(1) and 6/a/(2) To provide effective enforcement of marine researches in seas and maritime jurisdiction zones. With a global perspective, encourage conducting marine researches in areas which are not a part of Turkish seas or maritime jurisdiction zones likewise Arctic and Antarctic. 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 13
  • 14. 6. Turkey at Polar Regions (Contd) Official Gazette, D. 17.01.2015, N. 29239, Istanbul Technical University Polar Researches Research and Implementation Center Regulation 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 14
  • 15. 6. Turkey at Polar Regions (Contd) Planned Voyage Date : March 2016 Destination : Antarctic Purpose : Expedition Participants : 15 20 Scientists and researchers Research Fields : Glaciology, Climate Change, Environment, Meteorology, Biology, Molecular Biology, Fisheries, Chemistry, Astronomy and Space Sciences, Geology, Oceanography, Cartography, Policy and Law. 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 15
  • 16. 7. Challenges Public awareness, Bureaucracy, resistance of public authorities, Funding, Structural difficulties (construction of a base or research vessel), Networking, Cooperation and Lobbying, Volunteer researchers for polar researches and studies. 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 16
  • 17. 7/21/2015 Xiamen Academy of International Law, 2015, Xiamen, Fujian, PRC 17 THANKS ANY QUESTIONS? Onur Sabri DURAK duraks@itu.edu.tr duraks@polarresearch.com www.polarresearch.center