Researchers from the U.S. are currently mapping the sea floor north of Alaska. They believed that a submerged plateau called the Chukchi Cap may contain vast oil and natural gas resources. The sea floor mapping exercise was prompted by the fact that Russia, Denmark, and Canada have recently staked claims in the arctic. During August, Russia erected a flag on a seabed more than 15,000 ft below the North Pole. Denmark sent a research team to reinforce its claim to undersea holdings that extend from the coast of Greenland. Canada announced plans for a new fleet of ice-breaking ships and an arctic port. In fact, the Canadian Prime Minister in a 3-way North American summit during August asserted his country’s claim to the “Northwest Passage,” along Canada’s northern coast. The Northwest Passage, which is still blocked by ice most of the year, offers a shipping route between China and northern Europe that is about 5,000 miles shorter than using the Suez or Panama canals.

Despite the fact that knowledge about the sea floor and the arctic is limited, the international laws governing it have been around for 25 years. Researchers believe that all of these countries staked a claim on an underwater sea mountain called the Lomonosov Ridge that runs under the North Pole. Looking at this as an opportunity to capitalize on natural resources, they all have cases before the U.N. Most of the world recognizes the 1982 U.N. Convention on the Law of the Sea (UNCLOS) as the provision that governs coastal lands and the sea. A total of 29 countries (namely the U.S., China, South Korea, Venezuela, Ecuador, and Somalia), never ratified the treaty.

UNCLOS grants all navies the rights to innocent passage through the world’s seaways. Some non-signatories continue to limit the rights of warships that pass through their waters. The treaty allows countries (even non-signatories) exclusive rights to the seabed extending 200 nautical miles from their coast. Countries can present evidence to claim rights to the continental shelf beyond that point. Provisions built into the agreement establish arbitration for any disputes. A non-signatory, however, has no way to assert its claims except by threatening force.

The international treaty, which governs almost every aspect of ocean law, from underwater mineral rights to access to shipping lanes, was struck well before global warming became a buzzword for environmental activists and now it’s taking on added importance. The U.S. Senate Foreign Relations Committee recently set a hearing on the treaty. At this point, the U.S. only seems interested in strategic access to the waterways for its Navy. Supporters see the treaty as a pillar of international law and a key to long-term U.S. security. Politicians critical of the treaty say it would hamstring the military with international regulations and weaken the country’s ability to interdict illicit shipments, such as drugs and nuclear weapons. In May, President Bush endorsed the treaty’s ratification and the U.S. armed forces supported that move.

If the trend continues, global warming will reshape the world. Some regions will suffer and others will thrive. The countries bordering the Arctic region, or with interests in the region, have displayed the foresight to stake claims for potential wealth.

Steve Fiscor, Editor-in-Chief, E&MJ