Arctic Yearbook 2015 - Page 224

224 Arctic Yearbook 2015 Resources Authority regarding environmental issues must be based on assessments and proposals for decisions from one or more scientific and independent environmental institutions (Government of Greenland 2013). This includes the preparation of strategic environmental impact assessments, the drafting of guidelines for environment impact assessments (performed by the licensee), and the examination of the EIA before they are put out to public consultation and final approval by the government of Greenland (Government of Greenland 2014: 27). In addition, the DCE works as a consultant for the inspection regarding compliance with the environmental requirements for drilling operations (Government of Greenland 2012: 20). It is true that compliance is not always achieved: the quantity of chemicals used by Cairn as a lubricant in its drilling campaign in Greenland has been highly criticised a posteriori by the DCE which found such practice in contravention with international agreements [OSPAR] on discharges to the marine environment (the “anti dumping convention”). In addition, transportation of the discharged chemicals over great distances by ocean currents is possible, and the fate of the chemicals is unknown (DCE 2012). This situation has led some scholars to address the question of governance through a focus on the contract between a public authority, which has monitoring rights and duties, and a licensee who will also establish subcontracts with other companies. It has been shown that governance mechanisms for handling complex procurements involving several actors (incentives, authority and trust) complement each other: and furthermore that there is a complex interplay between the specific uses of the different mechanisms with a multiplier effect (Olsen et al. 2005). Debates also question the nature of the licence: is it a contract (private law), or is it public law? To what extent does the design of a licence pertaining to contract law allow for more powerful leverage in terms of the enforcement of terms and the protection of the environment? What is the potential of relational contracts (emphasising longterm relations, and obligations such as commitment and loyalty) versus transactional contracts (which focus more on short-term competitiveness and effectiveness) in the offshore industry to overcome the issue of increased risks through subcontracts and ensure the effective fulfilment of monitoring duties? Developing knowledge in this area could open new perspectives when the governance of offshore oil and gas activities involves an increasing number of actors. Even though they are non-state actors with few formal powers over international or national decisionmaking, non-governmental organisations such as the Inuit Circumpolar Council and the WWF actively promote norms, be they environmental or related to human or indigenous rights. As another example of legal pluralism, the ICC has contested the sovereignty as defined by the Arctic coastal states in the Ilulissat Declaration (2008) and has provided an “Inuit Declaration of Sovereignty” which states that: “Sovereignty is a contested concept […] and does not have a fixed meaning. […] Sovereignties overlap and are frequently divided within federations in creative ways to recognize the right of peoples” (Inuit Circumpolar Council 2009). In this declaration, the ICC associates the notion of a territory (“Inuit Nunaat”) and of a people, with a different notion from that of authority, which is traditionally used for states: instead, the ICC associates the notion of Inuit people and territory with the notions of “rights and responsibilities.” The ICC founds the legitimacy of its sovereignty on the notion of selfdetermination that is w&