Icebergs, cold water and the Arctic Ocean: What else could be a better topic to cool off during the sizzling weather of August? Global warming has brought yet another issue to the table: navigation through the Arctic. As the icebergs melt and frozen swaths give way, new shipping routes emerge through the Arctic Ocean. The feasibility test by marine transport companies has been given the green light and trans-Arctic transportation has been on the rise steadily in the last couple of years. According to the statistics, while only 69 ships passed through the Arctic passage between 1906 and 2006, as many as 24 ships used the path in 2009 alone. 

The “going north” has nothing to do with the adventurous instinct of mankind. It is all about cost reduction and natural resources. The Arctic Routes, also known as Northern Sea Routes, make a significant difference in terms of distance and shipping cost. Compare the distance between Hamburg and Yokohama of 11,430 miles, using the current maritime route via Malacca Strait and Suez Canal, with 6,900 miles through the Arctic routes. The distance between Korea and Europe would become that much shorter as well: In 2007, one ship successfully shuttled between Ulsan, Korea and Rotterdam through the Northern Sea Routes. Well, Singapore may not be so happy about this development, as China, Japan and Korea may ultimately consider skipping its port for the bulk of their international shipments.

The thawing of the Arctic passage has also opened a new arena of national competition. It means greater access to Arctic resources such as fish, oil and natural gas. The Arctic Ocean is known to contain one of the world’s largest deposits of oil and natural gas. Races among the Arctic region countries for the natural resources have already started and are in full swing. In order to claim the floor of the Arctic Ocean as within its Exclusive Economic Zone, in August 2007 Russia sent down a submarine all the way to the bottom of the Arctic Sea and put the plaque of its flag on the ocean floor. Canada called it “flag planting” and vehemently contested its legitimacy. The United State is also on the verge of giving oil companies permits for the oil drilling in the Arctic Ocean near Alaska.

Sensing the heated competition early on, countries with a stake have decided to form an inter-governmental forum to coordinate their activities and manage the race to the North Pole. So, in 1996 the eight Arctic-bordering countries of Canada, Denmark, Finland, Iceland, Norway, Russia, Sweden, and the United States established the “Arctic Council,” which is the only international forum that discusses the Arctic Ocean. Germany, Poland, the Netherlands, France, the United Kingdom and Spain are now participating in the council as observers. More or less, the council seems to be an exclusive membership entity. The Arctic Council is already creating new norms for this once forbidden maritime region such as Guidelines for Ships Operating in Arctic Ice-Covered Waters. In other words, a new regime for this region is already in the offing, without necessarily the participation of countries that stand to be affected by them in the future. Thus, countries whose interest would be affected by this development have a good reason to stay vigilant and try to have their views reflected in the new regime. The world has an experience of successfully managing a territorial race among countries for the other polar region in the past: It adopted the 1959 Antarctic Treaty and the treaty is full of cooperative spirits. The precedent shows the benefit of introducing an inclusive, rather than exclusive, regime in managing a new frontier. A regime for the Arctic region may require a similar approach.

The effect of climate change as a result of global warming is increasingly palpable in our lives. The recent massive rainfall and flooding in Seoul were also attributed by many to climate change. As shown in the changing situation of the Arctic Ocean, climate change also raises new issues in terms of maritime transportation and global economic activities. It is ironic that a victim of global warming (i.e., the thawing Arctic Ocean) somehow facilities more human activities and oil excavation, which would in turn expedite further global warming. The shorter routes and cheaper petroleum are not free: They come at the expense of drowning polar bears and rising sea levels. Maybe in the future, we may reach the point where Santa Claus will need a water ski to travel from the North Pole.

By Lee Jae-min 

Lee Jae-min is a professor of law at the School of Law, Hanyang University, in Seoul. Formerly he practiced law as an associate attorney with Willkie Farr & Gallagher LLP. ― Ed.