Beneath the North Pole’s icy surface lies a hotbed for coastal states to claim political power. Setting limits for each nation’s sovereign rights is the topic of Ekaterina Antsygina’s doctoral thesis. 

Now in the third year of her PhD in Law studies, she has received a fellowship and several scholarships to conduct her research on delimiting extended continental shelves in the Central Arctic Ocean. 

Canada, Russia and Denmark (Greenland) each have natural prolongations of their territories into the Arctic Ocean. Legally, each continental shelf extends out to a distance of 200 nautical miles from its country’s baselines or further if the shelf naturally extends beyond that limit.

Ekaterina Antsygina discusses her research and her motivation for studies involving international law and geopolitics. 

Why is it important to define the boundary of limits of extended continental shelves in the Arctic Ocean?
 
The establishment of maritime borders in the Arctic is very important for the region as it affects geopolitics, science, and business. Sovereign rights for continental shelves include exploration and exploitation of natural resources such as oil, gas, metals, snow crabs, the possibility to construct artificial islands, installations and structures, and scientific research. Currently, the Arctic littoral states (countries known as “coastal states” situated on the ocean’s shore) are in the process of delineating their extended continental shelves. Delineation is the establishment of the extended continental shelf’s outer limits, and the obligation to delineate arises only if a state intends to claim sovereign rights over a continental shelf that extends beyond 200 nautical miles. 

The procedure of delineation was introduced by the United Nations Convention on the Law of the Sea and the first submission on the outer limits of the extended shelf to the Commission on the Limits of the Continental Shelf (CLCS) was made in 2001. So, the practice of states on delineation and delimitation of the extended shelves is very recent and is not well established.

The submissions of Russia, Denmark, and Canada to the CLCS in respect to the outer limits of their extended continental shelves in the Arctic Ocean reveal an overlap of claims, so the need for the establishment of maritime borders between continental shelves (i.e. delimitation) is imminent. Most likely, soon Russia, Canada, and Denmark will start discussing the delimitation scenarios for the Central Arctic Ocean. I analyze existing law and practice and suggest delimitation scenarios that might be useful for the Arctic states. Daniela Iribe Gonzalez, an MASc student from the Department of Geological Sciences and Geological Engineering at Queen’s, prepares maps with those scenarios.
 
Tell us about your research. 
 
The main issues I address are which state (or states) should get the sovereign rights for continental shelves in the area of the North Pole and what delimitation methods can be used for the delimitation scenario optimal for Canada, Russia, and Denmark. The delimitation of the extended continental shelves in the Arctic is necessary in order to divide continental shelves of these states. It will impact how the Arctic states cooperate on environmental issues, scientific collaboration, infrastructure projects. International law does not impose any obligatory method of delimitation for continental shelves. The only requirement is to achieve an equitable solution. Hence, the Arctic states are free to use any delimitation method they consider suitable to achieve equity in the delimitation of the Central Arctic Ocean. 

Some methods might be more beneficial for Denmark and less beneficial for Canada and Russia. For example, the equidistance method is more beneficial to Denmark. Canada and Russia might prefer to establish the delimitation lines based on meridians. Both Canada and Russia used the Sectoral method before for the territorial claims in the Arctic Ocean (i.e. all the islands in the sector would belong to a state administering the sector).
 
I am trying to define delimitation lines which, in my opinion, reflect the equitable solution for all three states. I am also providing legal arguments about why this or another method (or combination of both) should be applied. It should be noted that rights for continental shelves belong to coastal states ipso facto and ab initio, so at this moment any of the mentioned states can exercise sovereign rights in the area of overlap. Though the exploitation of natural resources and construction of artificial islands are not feasible in a near future, the Arctic states might wish to decide on the delimitation lines before they start the active exploration of the extended shelves in the Arctic.

When do you expect the UN’s Commission on the Limits of the Continental Shelf will decide on Canada’s scientific argument for control of a vast portion of the Arctic seabed?
 
The recommendation of the CLCS in respect to the Canadian submission is not expected anytime soon. The process might take 10-15 years because there are many submissions ahead of the Canadian one in the queue. The delimitation in the Central Arctic Ocean, according to my prognosis, will not happen until Russia, Canada, and Denmark delineate on the basis of the CLCS’s recommendations.

How did you become interested in this area of international law?
 
While working as an assistant professor at the Catholic University of Colombia (2016-2017), I researched public international law. At that time, the International Court of Justice delivered a judgment on preliminary objections on the Question of the Delimitation of the Continental Shelf between Nicaragua and Colombia beyond 200 Nautical Miles from the Nicaraguan Coast (Nicaragua v. Colombia). Together with my colleague Bernardo Perez-Salazar, we decided to write an article on the delimitation of continental shelves between Nicaragua and Colombia beyond 200 nautical miles from the Nicaraguan coast. The result of this study will be published in the International Journal of Marine and Coastal Law. I think the law of the sea on the delimitation of continental shelves will be developing because the practice on the delineation and delimitation is emerging and many coastal states have overlapping entitlements for the extended continental shelves. There are several cases on maritime delimitation pending before the international courts and tribunals, some of them include the delimitation of extended shelves. 

I did an internship at the International Tribunal for the Law of the Sea (ITLOS) and this experience influenced my views on the process of delimitation. I was able to talk to several judges of the ITLOS who had experience in delimitation and asked their opinion on some aspects of the establishment of maritime borders. I am also passionate about the Arctic. Before starting my PhD, I took “A Changing Arctic” course at the International Summer School of the University of Oslo. The holistic approach to the Arctic implemented by the course professors helped me to see from this unique area from a different perspective. Conducting a study on the Arctic Ocean allows me to combine my passion for the law of the sea and interest in Arctic affairs.
 
What are your plans after graduation?

I still have 1.5 years till graduation and time to think about the next step. I liked working in academia and it might be one of the options. In order to strengthen my research skills and establish connections, I worked as a visiting researcher at the International Institute for Applied Systems Analysis and the Scandinavian Institute of Maritime Law. I am also going for a three-month stay at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law. I am thankful to Queen’s Law for launching the law teaching initiative that aims to help Queen’s-affiliated candidates prepare for law teaching jobs in Canada and other English-speaking markets. I will certainly use their help while preparing my job applications for academic positions.

Another option is to work for an international organization dealing with the law of the sea issues. I absolutely loved my experience at the ITLOS and would like to work in a similar environment. 

Another exciting alternative is to seek employment with the Canadian government. It would be amazing to participate in the negotiations on maritime delimitation and get practical experience.
 
What do you like best about your Queen’s Law studies in Kingston?
 
I like that I have a lot of opportunities here at Queen’s. First, there are courses on Public International law and the Law of the Sea taught by Canadian diplomats. I was able to talk to experts in my field and get advice from people who are applying international law to practice. Second, Professor Nicolas Lamp, my supervisor, provides me with good advice on the direction of my research and at the same time gives me a lot of freedom in deciding on the way I structure my work. Third, there are many opportunities for those who want to do research abroad. My research stay at the Scandinavian Institute of Maritime Law was sponsored by the Graduate Dean’s Doctoral Field Travel Grant, Mitacs Global Research Award, and Queen’s Graduate Award. Also, Associate Dean (Graduate Studies and Research) Josh Karton and Dianne Flint, our Graduate Program Coordinator, disseminate a lot of information on various scholarships and programs.