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17 Rev. Eur. Comp. & Int'l Envtl. L. 1 (2008)

handle is hein.journals/reel17 and id is 1 raw text is: RECIEL 17 (1) 2008. ISSN 0962 8797 Editorial The environmental conditions in the Earth's polar regions are undergoing changes that are unpreced- ented in recent history. These changes in the Arctic and Antarctica are both opening up these regions to economic and resource development and posing new challenges as natural species and human communities try to adapt. In light of these changing conditions, the Interna- tional Council for Science and the World Meteorolo- gical Organization have spearheaded the organization of the International Polar Year (IPY) to examine a variety of physical, biological and social issues in the Arctic and Antarctica. Spanning a two-year period from March 2007 to March 2009, the IPY consists of over 200 research projects involving scientists from over 60 countries to study aspects of environmental and social change such as: determining the existing envir- onmental status of the polar regions; quantifying and understanding past and present environmental and social change in the polar regions and improving pro- jections of future change; advancing understanding of the links and interactions between polar regions and the rest of the Earth; enhancing monitoring of the global environment; and investigating cultural, histor- ical and social aspects of Arctic communities. These studies will have significant implications on knowledge relating to key international environmental policy issues including climate change and biodiver- sity loss, as participants study changing snow and ice extent, mass and duration; linkages of polar changes to global sea levels, water supply, climate change, ocean circulation and fisheries; impacts on Northern com- munities, traditions, health and livelihoods; and other issues.1 Previous polar years were held in 1882-1883, 1932-1933 and 1957-1958. The work being done during the IPY brings to light the fact that environmental change in the Arctic and Antarctica will bring with it a host of challenges in international environmental law touching on biodiver- sity, toxic substances, resource exploitation, govern- ance, State sovereignty and other related issues. Can existing international law regimes effectively address the new issues that will arise? What principles of international law need to be applied to address these new challenges? And how will environmental consid- erations be integrated in the decisions that are made? 1 A Framework for the International Polar Year 2007-2008 (Inter- national Council for Science, November 2004), at 7-8. @ 2008 The Author. Journal compilation @ 2008 Blackwell Publishing Ltd., 9600 Garsington Road, This issue commences with an article by Rosemary Rayfuse, who discusses the protection of marine biodi- versity in polar areas beyond national jurisdiction. Rayfuse states that climate change is quickly permit- ting access to natural resources in these areas and that insufficient studies have been conducted on their marine biodiversity. Noting inadequacies in the inter- national legal regime governing the protection of polar marine biodiversity, she stresses the need for an inter- national agreement for their conservation and sustain- able long-term management, which incorporates elements of the Antarctic Treaty with modern conser- vation and management principles. She emphasizes that any new regime must recognise the interests of the international community in the conservation and management of polar marine biodiversity. In his article, Timo Koivurova addresses environmental governance issues in the Arctic. The author exam- ines the present governance system of the Arctic and then reviews various proposals for an Arctic treaty. Koivurova maps out the essential elements that an effective treaty must include, taking into account poli- tical realities and the societal goals being pursued in the Arctic. He proposes the adoption of a framework treaty using the Arctic Council as its foundation, together with 'guiding principles related to environ- mental protection and sustainable development'. In their article, Julia Jabour and Melissa Weber focus on challenges to polar sovereignty and recent proposals for redefining the polar regions as global commons with joint management. Stressing that countries can be willing to accommodate both their national interests and those of the global community in global commons areas, Jabour and Weber emphasize 'that the current governance arrangements are legitimate in a dynamic world, regardless of sovereignty' and conclude that without suitable alternatives to arrange- ments that encompass sovereign rights with joint management, proposals for change should be con- sidered with caution. David Leary examines in his article the emergence of bioprospecting as a key biodiversity-related issue in both the Antarctic and the Arctic. The author exam- ines the nature and extent of bioprospecting in the polar regions, and then, focusing on the Nordic coun- tries, analyses legislative developments in those coun- tries concerning the regulation of access and benefit sharing. He reviews concerns that may be raised by these developments and recommends that a 'more coordinated regional response' may be warranted. Oxford OX4 2DQ, UK and 350 Main Street, Maiden, MA 02148, USA. 1

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