Don't Be Left out in the Cold: An Argument for Advancing American Interests in the Arctic Outside the Ambits of the United Nations Convention on the Law of the Sea

Authors

• Jason W. Howard, University of Georgia School of Law

Publication Date

2008

Abstract

In the world of fast-depleting fossil fuel reserves, any area promising new sources of oil and natural gas will be valuable to the nation controlling it. The Arctic Circle could be such an area. Recognizing this, in August 2007, while gathering scientific data, a submarine placed a titanium Russian flag on the Arctic seafloor in a symbolic statement of Russia's claim to the area. As Russia and other nations prepare their claims under the U.N. Convention on the Law of the Sea, the United States, because it has not yet ratified the treaty, is left to defend its interest outside the treaty's confines. This Note argues that the United States may assert its rights to the area by relying on the longstanding freedom of the high seas doctrine, which would allow it to navigate and mine the area. The Note then explores compromise solutions that could be implemented through multiparty negotiations

Recommended Citation

Howard, Jason W. (2008) "Don't Be Left out in the Cold: An Argument for Advancing American Interests in the Arctic Outside the Ambits of the United Nations Convention on the Law of the Sea," Georgia Law Review: Vol. 42: No. 3, Article 5.
Available at: https://digitalcommons.law.uga.edu/glr/vol42/iss3/5