POLREC

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?
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3. 2. Polar Regions – Antarctic
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4. 2. Polar Regions – Arctic (Cont’d)
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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
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6. 3. International Regime – Antarctica (Cont’d)
• 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)
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7. 3. International Regime – Arctic (Cont’d)
• 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).
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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
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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
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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.
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11. 6. Turkey at Polar Regions (Cont’d)
• 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)
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12. 6. Turkey at Polar Regions (Cont’d)
• Observer Status in Arctic Council
• Application under process.
• Ad-hoc Observer
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13. 6. Turkey at Polar Regions (Cont’d)
• 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.
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14. 6. Turkey at Polar Regions (Cont’d)
• Official Gazette, D. 17.01.2015, N. 29239, Istanbul Technical
University Polar Researches Research and Implementation Center
Regulation
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15. 6. Turkey at Polar Regions (Cont’d)
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.
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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.
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THANKS…
ANY QUESTIONS?
Onur Sabri DURAK
duraks@itu.edu.tr
duraks@polarresearch.com
www.polarresearch.center