The Doctrine of Discovery and the Arctic
August 8th, 2007
As I reported yesterday, Russia, Canada and the United States are heating up their race for the “new world” of the Arctic. As the Arctic icecaps retreat before global warming and climate change, new lands and assets are becoming accessible. Check out my LA Times editorial on this issue.
Several days ago, Russia planted its flag on the seabed more than two miles under the North Pole. The U.S. and Canada are moving quickly to try to counter Russia’s efforts to invoke the Doctrine of Discovery and the U.N. Convention on the Law of the Sea to claim the 10 billion tons of oil and gas and other minerals that are estimated to be on and under the Arctic floor.
Canada and the U.S. both have naval expeditions headed to the North Pole. Other news reports have more to say about this developing international issue.
The U.S. claims that its citizens were the first to have planted the American flag on the ice above the North Pole in 1908 and 1909.  That would seem to give the U.S. prominence in using the “first-in-time first-in-right” argument under the Doctrine of Discovery. But an interesting counter argument is that these U.S. citizens were not on terra firma and were really only on frozen sea ice above the North Pole seabed that Russia is trying to claim by planting its flag there.Â
If the U.S. explorers are viewed as only having placed the U.S. flag on the ocean, the frozen sea ice, then the Doctrine of Discovery should not give the U.S. any claim dating to 1908 and 1909. The open oceans have always been viewed as unclaimable by any one country and freely accessible to all. Â
August 14th, 2007 16:02
[...] the world’s media, see for example, CNN, NY Times, my LA Times editorial of August 6, and my blog entry, my blog entry, and my blog entry, a Russian submarine placed a titanium Russian flag on [...]
August 15th, 2007 13:23
Who owns the Arctic Commons vast oil and gas resources?
The US Company, United Oil and Gas Consortium Management Corp., does.
Away from the bogus Russian Claim region, in the center of the Arctic Ocean, (an area now controlled by United Oil and Gas) where the high organic oil layers are 2 miles thick, could hold the most super-giant oil deposits. Enough to last America for 200 years.
US COMPANY HAS A STRONG PRIOR LEGAL CLAIM TO THE ARCTIC OIL AND GAS
The US Government and oil companies currently have access to a strong prior claim to the Arctic Commons hydrocarbons through the US Nevada private company United Oil and Gas Consortium Management Corp. ; see http://www.unoilgas.com , which made a solid international Arctic Commons hydrocarbons claim on May 9th 2006.
United Oil and Gas Prior claim to the Arctic Commons hydrocarbons and has priority under customary international law.
Whoever controls United will have a much stronger claim to the arctic oil and gas than the flimsy Russian claim to what probably only represents 10-20% of the Arctic Commons potential, due to the shallower sub basins present within the disputed Russian Claim area.
see; http://www.unoilgas.com
September 29th, 2007 10:46
[...] I have already discussed extensively on this blog, the Doctrine of Discovery and Russia’s audacious claim to the Arctic seabed has reawakened [...]