Our National Borders are Melting Away

Bennett White

I: Current Conditions in the Arctic

The United Nations has taken a strong presence in the international community to ensure that climate change is acknowledged by governments and mitigation efforts are undertaken to combat the increase of global surface temperature. The Intergovernmental Panel on Climate Change (IPCC) was constructed to establish guidelines for member governments to adhere by to limit the impact of climate change. The initiatives taken by the IPCC have focused on the reduction of greenhouse gases that have been identified as contributors to the accelerated impact of climate change. The IPCC has formulated mitigation efforts that look to the future and neglect the present effects of climate change. The national government have realized the urgency of implementing measures to reduce the impact level of climate change. Problematically some national governments see the need to combat the immediate issue of climate change, rather than mitigating efforts for the long term effects. Droughts have rattled the Australian continent for decades, while low lying sea side communities are being submerged by oceans forced citizens to higher ground. The Arctic Ocean and surrounding landmasses have experienced a significant reduction in the level of sea ice that once covered this portion of the earth. The changes in the climate composite of the Arctic should urge a shift in the political agenda of the global community. The Canadian government has acknowledged the threat that the reduction in artic sea ice poses onto the countrys well-being. With the current reduction in sea ice, northern portions of Canada are shifting from ice covered to solid earth composite surfaces, requiring a new definition of Canadas boundaries in the Arctic. The opening of the Arctic is also providing opportunities for future economic development initiatives to take place. What was once frozen and inhabited, is now open. The Northwest Passage (NWP) is a vital part of Canadas national sovereignty and it is the challenge of the Canadian government to safeguard the nations boundaries and ensure that they are not threatened by political or environmental motives threats in the future.

II: What is the Northwest Passage?

In 1497, English King Henry VII sent Italian explorer John Cabot to look for a northwest route from Europe to the Orient that would keep ships from having to sail all the way around Africa. That expedition launched roughly five centuries of steady disappointment and tragedy as generations of explorers met with failure as they searched for the fabled Northwest Passage. Even in modern times, navigating from the 1|Page

Atlantic to the Pacific through Canadas Arctic Islands has been difficult (Pharand, 2007). The Northwest Passage is comprised of a collection of maritime transit routes linking Europe and the Atlantic Ocean with Asia and the Pacific Ocean; while in North America it connects the Davis Strait (Baffin Bay) to the Beaufort Sea. It is one of the most challenging maritime routes in the world, extending 1,450 kilometres east to west of the Arctic, with constant obstacles such as icebergs over 90 meters high in the path of maritime vessels (Encyclopeadia Britannica, 2009). This has posed considerable hazards for those who wish to undertake the maritime voyages through this region of the Arctic. The once frigid Arctic has experienced warmer climates over the past several decades, which are now threatening the sovereignty of Canada and its presenting a portion of the world that has not been surveyed to identify and distinguish between national boundaries. The greatest threat to Canadas national sovereignty is the opening of the NWP that has signified the first major change in sea ice cover in the Arctic, and a possible future global maritime shipping passage. The Arctic has lost 74,000 square kilometres of ice yearly, amounting to reduction of two million square kilometres of ice (Lajeunesse, 2008) since 1970. Most of the change is taking place along the shallow waters of the western section of the Arctic Ocean. The National Aeronautics and Space Administration (NASA), in September of 2005, published an image from its Aqua (AMSR-E) satellite that showed a significant increase of open water in the Arctic, occurring along the continental shelves during the summer, but only a portion of the NWP has seen the evidence of open water (Bone, 2009). The remaining sea ice in the NWP has shifted position plugging the McClure Strait, producing treacherous conditions for maritime vessels traveling through the passage.

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Figure 1: "Sea Ice Concentration." NASA: Earth Observatory. 24 Oct 2009.

The reduction of sea ice in the Arctic Ocean, and the opening up of a potential international maritime passage, has brought the concern of national sovereignty to the political agenda in Canada. The reduction of sea ice has opened the NWP to increased presence of shipping vessels, as well as cruise liners, navigating the Arctic Ocean, in addition to maritime exploration for natural resources (hydrocarbons) in the Arctic. Looming threats to the stability of the Arctic, as well as Northern Canada, it has forced the Canadian government to take actions to guarantee that Canadian sovereignty still encompasses the maritime boundary baselines drawn around the Arctic Archipelago that entitles Canada to the NWP (Pharand, 2007). This presents a looming concern for Canada as the NWP is predicted to be ice-free by the end of the 21st century (Bone, 2009). This has placed pressure on the Canadian government to ratify the laws that govern Arctic maritime routes.

III: National Security of the Northwest Passage:

The reduction in sea ice throughout the NWP, has presented an alternative route for marine vessels considering going from the Pacific Ocean to the Atlantic Ocean or vice versa. At the international level, the passage is a way to establish better trading relations between Western Europe and the distant 3|Page

Asian economies. The NWP is 9,000 kilometres shorter than the Panama Canal, which is the best maritime shipping route to date connecting the two oceans on either side of North America (Carnaghan & Goody , 2006). When it takes less time for a ship to reach Asia from Western Europe, money is saved. The economic opportunity that the NWP provides to the international trading system makes it an issue that will not be looked at lightly.

The international community realizes the considerable advantages of using this passageway. The passage has the qualities that define it as an international strait; connecting two oceans together, but there must be a minimum threshold of shipping traffic (Carnaghan & Goody , 2006). During the summer months, when the sea ice in the Arctic is less abundant and less compact, the number of vessels that enter the NWP is sufficient to classify it as an international strait. The NWP does not qualify as an international straight during the winter months (late August to early June), when the passage is only accessible by vessels that are equipped with the appropriate technology to navigate the frozen Artic Ocean. Although international governments identify that the number of vessels is sufficient, indicate that submarines patrolling the area can fall under the shipping numbers needed to it to be considered as an international strait (Lajeunesse, 2008).

The Canadian government reprimanded the United States when it was acknowledged that the United States Navy had sent submarines on patrol missions through the NWP, which the Canadian government had not been aware of. The Canadian government saw this as a direct threat to the countrys national security. Since the NWP is constituted as being within the national boundaries of Canada, it is advised under international law for any vessel-entering national boarders to identify themselves and state their purpose. The problem with the presence of United States submarines in the arctic was that it illustrated the stance that the United States was taking, that all countries are entitled to freedom of navigation through the NWP (Lajeunesse, 2008)It is not the authority of the United States to dictate what international waters are and who may govern them.

The modern disagreement over maritime access of the NWP started when the SS Manhattan owned by Exxon Mobile voyaged through the passage from the Beaufort Sea to the Davis Straight, and then repeated it the following year. Canada was never notified of the SS Manhattans activity in the arctic, nor did Canada give permission for the United States Coast Guard to escort the SS Manhattan by way of two Coast Guard icebreakers, though the passage (Carnaghan & Goody , 2006). At the time of the incident, Canada claimed authority over three nautical miles that overlapped international waters within the McClure Strait, which is where the maritime route of the SS Manhattan took place. 4|Page

The intention of the United States were not to antagonize the Canadian government over the legal situation of the passage, but was to demonstrate the economic feasibility of icebreaker vessels escorting bulk cargo carriers through the passage year round from Alaska to the East Coast of North American. The intention taken by Exxon Mobile and the United States government, during the passage of the SS Manhattan, was to claim that the NWP should be recognized as an international waterway (Bone, 2009).This argument would have strengthened the United States case, if it were not for Exxons decision to pipe oil from Alaska to the United States rather than shipping it.

The Canadian government left the issue of the NWP in the distance past for a while, until the United States violated international law in 1985, when the United States coast guard icebreaker, Polar Seas, successfully crossed the NWP (Bone, 2009). The United States yet again did not notify Canadian authorities of their intentions in the NWP. This caused the Canadian government to take immediate action within the legal restraints of the passage. The Canadian government wanted to ensure that the international legal rights of the passes, be defined to include the NWP and all of the biotic and a biotic feature in this area, and be given to Canada as the primary owner.

IV: The International Law of the Sea

The Canadian government has always indicated that the NWP is part of the countries national waterways system. The drawing of the national boundaries, as well as the legal acknowledgment of the NWP as national waters of Canada, only helps to strengthen Canadas case against those who oppose this legal amendment. The United Nations Law of the Sea Convention (UNCLOS) has been the legal actor that regulates, as well as amends, laws pertaining to maritime seaways. The Law of the Sea Convention: UNCLOS has acted as mediator for maritime boundaries, its where the borders of the Northern Sea maritime routes have been drawn and disputed. In the context of the UNCLOS, Canada has defined its boundary in the North as consisting of the island chains in the Arctic sea. Under part IV of the UNCLOS, Canadian officials have identified Canadas boundaries lying as an archipelagic state, in the Arctic: A group of islands, including parts of islands, interconnecting waters and other natural features which are so closely interrelated that such islands, waters and their natural features form an intrinsic geographical, economic and political entity, or which historically have been regarded as such. (Lajeunesse, 2008) The NWP falls in the legal boundary of Canada, which makes it unethical to think that since ice is dissipating from the Arctic that landmasses being uncovered should be redefined and the surrounding 5|Page

national boundaries, risking the disappearance of national boundaries and identities. This does not give the international community the rights to redraw the boundaries of Canada. Canadian authorities are following protocols at the international stage to redefine the nations boundaries, but it is a difficult procedure when potential natural resources are in the context of the situation.

Canada is following the international protocol when it making its case to recognize the NWP as a sovereign territory. Any attempt to extend the national boundary of a country within the Arctic must go through the United Nations. Canada has done this by taking its case to the UNCLOS, where Canada has insisted that under sections V and VI of the convention legislation, that the NWP is an exclusive economic zone for the country, as well as being situated on the outer continental shelf of the Canadian landmass (Anderson & Bone, 2009) .The NWP provides a future economic opportunity that the First Nations communities of Northern Canada can take economic advantage of. These communities are directly influenced by the actions that are enforced in the region of the NWP. They have the most to gain, but also the most to lose from boundary disputes.

Shortly after the conflict with the United States Coast Guard vessel, Polar Sea, the Canadian government implemented the territorial Sea Geographical Coordinate Order. It placed legal rules on the waters of the Canadian archipelago:

Whereas Canada has long maintained and exercised sovereignty over the Waters of the Canadian archipelago; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Secretary of State for External Affairs, pursuant to subsection 5(1) of the Territorial Sea and Fishing Zones Act, is pleased hereby to make the annexed order respecting the geographical coordinates of points from which baselines may be determined, effective January 1, 1986. (Kraska, 2007) Enforcing laws and regulations under the Territorial Sea and Fishing zones act, has forced foreign vessels traveling through the waters of the Canadian Archipelago to adhere to the rules set in place. By establishing jurisdiction over these waters, Canada not only illustrates its sovereignty over the waterways, the country also established regulations that were set out to protect the ecologically sensitive area of the Arctic. Hans Island, a small 1.3km2 island located between Canadas Ellesmere Island and Greenland (Denmark), was an ongoing dispute between Canada and Denmark up until July 2005, when Former National Defence Minister, Bill Graham, visited the island on diplomatic means to declare the island part of Canada (Pharand, 2007). Geographically this is one of the most northern point in Canada and is a vital component to the governments initiative of attaining arctic sovereignty. By establishing governance over 6|Page

this potion of land, Canada retains jurisdiction of its three nautical miles of the national boundary. Within the three nautical miles from the borders, any hydrocarbon reserves found in the seabed are the products of Canada. This provides economic incentives for Canada to redefine its stance in the Arctic. Canadas ability to project control over Hans Island illustrated the governments ability to exercise sovereignty over the Arctic Territory.

V: Efforts to protect what is ours as Canadians

The Government of Canada has agreed that the efforts towards creating jurisdictional ruling of the Northern Arctic region, as well as the NWP, is not going to prevent vessels from voyaging into the countrys internal waters. From the words of Canadas current Prime Minister, Stephen Harper: "Sovereignty is not a theoretical concept; you either use it or lose it." (Anderson & Bone, 2009) The Conservative government appears to be ready to deal with the issue of Arctic sovereignty in an aggressive manner. The government has formulated an agenda for the Arctic that indicates specific area of focus and concern that could pose a threat to national security, if not coupled. The strategy is to increase Canadas presence within the Arctic. The government is taking four strategic initiatives to maximize its presence and role in the Arctic. The first strategic initiative that the government is undertaking will be to provide the Canadian Coast Guard up to eight Arctic class five ice-strength patrol ships with only one new polar class icebreaker to the coast guards (Lajeunesse, 2008). The promised patrol ships are not sufficient for the demand that patrolling the Arctic Sea requires. These vessels are capable of breaking though first year ice which is only one meter in depth. These ships will be no match for the multi-year ice (2-4 meters in depth) that flows through the NWP (Lajeunesse, 2008). The Canadian government has placed considerable threats when patrolling the large area of the Arctic Sea, in addition to the development of potential environmental devastation situations that could result from patrol ships colliding with multi-year ice. The Conservative government was looking to establish a military strong hold in the Arctic within its Northern Canada Agenda but also under the Military portfolio of the country. Until this point, there had been no significant military presence in the Arctic. The strategic plan called for the development of military headquarters and in 2006 the establishment of the first major military base in Northern Canada, CFNA Yellowknife (Carnaghan & Goody , 2006). A military base allows for quick response to any threats towards national security or response to environment disasters in the in the north. It will allow for the development of ports to be placed in the north, for military and commercial vessels. Placing a presence within the Arctic empowers Canada to have quick response as well as a defining figure. The next strategic initiative taken by the Conservative government was the formation of project Polar Epsilon that monitors the weather conditions in the Arctic. Using RADARSAT2 satellite imagery at 7|Page

an elapse period of 12-24 hours (Carnaghan & Goody , 2006), allows the conditions of the Arctic to be accessible to anyone needing specific weather condition information for the Arctic. By providing current information of sea ice conditions, will allow the Canadian Coastguard to regulate the number of vessels entering the strait. The project is designed to provide real-time data and information in anticipation of decreasing the potential risk of vessel running ground, or being stuck in the midst of the Arctic. The last initiative taken by the Conservative government was to establish a strong presence of Canadian Rangers throughout the Arctic. The Rangers are part-time military reservists from First Nations communities in the Arctic (Carnaghan & Goody , 2006). The Canadian government has given the Northern communities the chance to monitor and patrol their native lands. Providing First Nations communities with the ability to monitor and control their own territory, places significant power in their hands that they have not been provided in the past. This allows the Rangers the ability to protect their way of life in the Arctic from any threatening presence. Recruiting First Nations people into the Canadian Rangers can provide communities with salary-based position, a form of labour that is sustainable in the long term, which many industries in the Arctic cannot provide. The government hopes that these initiatives in the Arctic will present favourable conditions so in the future northern communities will be an integral part of the Canadian presence and monitoring base in the Arctic. Placing power in the possession of First Nations communities makes them a vital part of the protecting the nations sovereignty in the north.

VI: Economic opportunities generated from the opening of the Northwest Passage
The First Nations communities located in the Arctic, have an economic opportunity to generate substantial growth from. The establishment of military bases and well as the increase of the cruise line industry in the NWP present many opportunities for first nations communities to undertake. Under section V of the UNCLOS, Canada has an exclusive economic zone in the NWP. First Nation communities in the north have an opportunity to cater to the emerging Arctic cruise line industry. Cruise tourism is the fastest growing sector of tourism in the world and more people are taking trips to the Arctic than ever before. Between 1992 and 2007, there was a steady increase in the cruise line industry in the NWP, with one too three ships traveling through the passage yearly (Stewart & Howell, 2007). With the reduction of sea ice, more cruises are traveling future into the Arctic. In 2006, 22 vessels travelled to this area with an estimated 2,096 tourist embarking on trips to local communities in the Arctic (Anderson & Bone, 2009).First Nation communities have realized the opportunities that are available to them. One economic group formed by the First Nation communities of Northern Quebec was The Makivik Corporation that was formed undertake the land claim agreements given to the Inuit communities displaced by the James Bay project in Northern Quebec during in the 1970s. Funds were 8|Page

given to an Inuit entrepreneur initiative which saw the formation of the first Inuit owned cruise line business, out of Kuujjuaq, Quebec; that provided a weeklong cruise through the Arctic (Stewart & Howell, 2007). The increase in the number of cruise voyages throughout the Arctic has provided an investment opportunity for First Nations communities to be a part of a fast growing sector of the economy, within an industry that is a globally is well established.

VII: Environmental Impacts of the Northwest Passage being Open

As stated throughout this paper, the NWP is a treacherous maritime passage. The breaking of sea ice presents floating obstacles which could obstruct vessels. With the NWP potentially becoming an international shipping route, the environmental threats on Arctic ecosystems is astronomical. The Canadian government has implemented regulation adopted under the UNCLOS, where vessels are subjected to Territorial Sea and Fishing Zone Act to ensure that the Arctic marine ecosystem is not subjected to the threats of commercial fishing.

The number one threat to the arctic environment is the increased number of vessels present in the area. More vessels result in ecological disturbance and then more stress on the environment. When tourists come ashore, the resources of the local communities are put to the maximum threshold. Northern communities infrastructure is limited to how much waste it can hold and how many people it can provide services too where the demand exceeds the supply capacity to which the communities can service the visitors. The ecological footprint of northern communities is subjected to seasonal variations, with the highest of peak season being during the summer months, when Arctic ice has retreated to its highest point.

There are numerous point and non-point sources of pollutants present in the Arctic region, that have the ability to pose detrimental effects on the northern environment. It is the responsibility of the Canadian government to establish regional environmental laws for the countries northern region that focus solely on the fragile environmental composition of the Arctic. Current regulations are set within Article 234 of the UNCLOS that permit costal states some level of authority to prevent the restriction of pollution from vessels. The focus of this amendment is to preserve the fragile ecology of the ice-covered areas of the north. Canadas Arctic Waters Pollution Prevention Act, gives the Canadian government control to manage and protect a 100-mile zone of the Arctic Coast against accumulated pollutants (Kraska, 2007). Single environmental regulations and laws have already been implemented that focused specifically on protecting vulnerable ecosystems and marine life within the north. 9|Page

VIII: Final thoughts:

The erratic nature of the archipelagic ice conditions, coupled with the imminent return of the polar winter, will dissuade any reputable shipping firm from using the NWP instead of the more reliable Panama Canal or Cape Horn routes.(Anderson & Bone, 2009)

It is the responsibility of any nation to protect what has been defined as its sovereign national boundary. Canada has been directly influenced by global temperature increased, specifically in the Arctic region of the nation. Ice caps are melting and the landmasses are being uncovered. It is the obligation of the Canadian government to ensure that the Northwest Passage remains part of the countries national waterways. Increasing the presence of Canada in the north is vital to the protection of the Canadian sovereign soil in the north. With the increase in the number of vessels travelling through the NWP, it is important that Canada continues to monitor this region of the country with more military presence in addition to improved technologies within the region. First Nation communities in the Arctic have an opportunity to become a vital part of an emerging Arctic cruise industry, but it is also important for the Canadian government to implement stronger environmental policies in the Arctic to ensure the protection of vulnerable ecosystems in the northern region of Canada. The opening of the Northwest Passage has placed a greater effort on the Canadian government to redefine what has always been the countries national border. Even with the change in ice coverage presence in the Arctic there should be no legal obligation for Canada to redefine what has been defined as there in the international courts.

Bibliography:
Anderson, Robert& R. Bone. Climate Change, Complexity and Cruising in Canadas Arctic: A Nunavut Case Study. Natural resources and Aboriginal People in Canada: Reading, Cases and Commentary . 2 n d . Concord, ON: Captus Press 2009. 414-435. Print Bone, Robert. The Canadian North: Issues and Opportunities . 3rd. Toronto: Oxford Univeristy Press, 2009. 87 -89. Print. Carnaghan , Matthew, and Allison Goody. Canadian arctic sovereignty. Ottawa, Ont.: Parliamentary Information and Research Service, 2006. 1-11. Print. Eamer, Joan, Christian Lambrechts, Pail Prestrud, and Oran Young. "Policy and Perspectives." United Nations Environmental Programme . 2008. United Nations, Web. 25 Oct 2009. <http://www.unep.org/geo/GEO_Ice/PDF/GEO_C9_LowRes.pdf>.
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"Inuit to run Arctic cruise line." CBC News. 29 March 2005: Web. 22 Nov 2009. <http://www.cbc.ca/canada/story/2005/03/29/inuit-cruise050329.html>. Kraska, James. "The Law of the Sea Convention and the Northwest Passage." International Journal of Marine and Coastal Law 22.2 (2007): 257-282. Web. 22 Oct 2009. Lajeunesse, Adam. "The Northwest Passage in Canadian Policy: An Approach for the 21st Century." International Journal 63.4 (2008): 1037-1052. Web. 23 Oct 2009.

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