Arctic Yearbook 2015 - Page 216

216 Arctic Yearbook 2015 agreements, territorial governments, advisory bodies, governmental agencies, corporations, organisations representing indigenous peoples and non-governmental associations (NGOs), for instance. The article analyses the governance process to address both issues of management of the environment and public participation. It does not focus on a gap analysis, even though some shortcomings are highlighted. To answer these questions, the analysis also relies on the concept of multilevel governance (MLG). As an analytical tool, MLG allows one to tackle the overlapping competencies among levels of governments and the interaction of various actors (across those levels). Various levels of jurisdiction are involved in the offshore oil and gas activities and the analysis focuses on cases where regional governments are in place – for instance in Greenland, where the government has taken responsibility over offshore activities in the EEZ, or in Nunavut, which has no offshore jurisdiction but where Inuit rights are protected through various mechanisms. Acknowledging the importance of the legal dimension of governance, the analysis also refers to the concept of legal pluralism which indicates that we inhabit a world of multiple normative communities (Zumbansen 2011; Callies & Renner 2009). Normative communities include the nation-state governments and courts familiar to legal scholars, but many other normative communities articulate norms without formal state power behind them. Indeed, many actors from the private sectors (including transnational corporations) as well as NGOs can also design norms and values in the offshore activities, potentially leading to a situation of legal pluralism where legal systems overlap (Berman 2007). Pluralism is conceived here principally as a descriptive, not a normative, framework to study the interplay of norms, and it does not propose a hierarchy of substantive norms and values (Berman 2007: 1166). The article is structured in three parts: it first deals with interactions of authorities between the national level (state) on one hand, and the international and supranational levels (international law and the EU) on the other hand. The second part analyses multilevel governance cases involving national and regional (sub-state) authorities. In a third part, the role of non-governmental actors such as companies and NGOs in governance processes is assessed at both international and national levels. The article concludes with suggestions on paths to improve the efficiency of environment management and public participation. Interactions between national level and international/supranational level Fragmentation of international law Offshore activities take place in the EEZ or on the continental shelf of Arctic coastal states, where under UNCLOS states enjoy sovereign rights over resources (article 56 and article 77) and their domestic legislation applies to activities in their own area. These sovereign rights carry with them the duty of due regard for the rights and duties of other states (article 56) and minimum standards to protect and preserve the marine environment (articles 192 and 193). In addition to domestic law, and although no international convention is dedicated to offshore oil and gas activities, many international rules and international or regional agreements apply to the EEZ in the Arctic region when it comes to pollution at sea. Governance of Arctic Offshore Oil & Gas Activities