Borders in the North Summer Conference: Governance After the Land Claims Yukon College, Whitehorse, Yukon 16 – 18 June, 2015 Jessica M. Shadian, Ph.D. Global Governance AIAS-Marie Curie COFUND Fellow Aarhus Institute for Advanced Studies (AIAS) E-mail: jessicashadian@aias.au.dk Web: www.aias.au.dk

Plan of Presentation Part I – Theory Part II – Connecting levels of governance: Inuit Land Claims and the Construction of ICC Part III – The ICC in a changing Arctic Part IV – Arctic Council: Search and Rescue Part I – Intellectual history of the ICC Theory History of ICC Part II - The Arctic at a Crossroad Part III – New Research: Arctic Emergency Preparedness and Response

The Global Arctic: Westphalian Nation-Building Immemorial Exploration Nation-Building The Global Arctic: Westphalian Nation-Building Immemorial Global Whaling Global Trade Global Energy Supplies Extractive Industries Global Shipping

Non-State Nation-building: Constructing an Indigenous Inuit Polity Global Whale/Fur Trade Residential Schools Sovereignty claims Inuit Circumpolar Council (ICC) Sovereignty claims Inuit Circumpolar Council (ICC)

THE ARCTIC COUNCIL the negotiating table The arctic council

The Inuit Circumpolar Conference

US OCS Program / Berger Inquiry

First ICC Meeting in Barrow

Arctic Council Permanent Indigenous Participants Aleut International Association (AIA) Arctic Athabaskan Council Gwich’in Council International Inuit Circumpolar Council (ICC) Russian Association of the Indigenous Peoples of the North (RAIPON) The Saami Council

https://www.itk.ca/publication/circumpolar-declaration-sovereignty-arctic URL: https://www.itk.ca/publication/circumpolar-declaration-sovereignty-arctic

Rethinking the Boundaries of Political Space: Arctic Council and Search and Rescue © D. Nakashima © D. Nakashima

Putting Borders Around Place in a Global Arctic : Governance after the Land Claims Agreements WHO GOVERNS AND WHO DECIDES?

Inuit Sovereignty

“it is impossible to make sense of the issues that trouble the relationship today without a clear understanding of the past . . . We simply cannot understand the depth of these issues or make sense of the current debate without a solid grasp of the shared history of Aboriginal and non-Aboriginal people on this continent.” Indian and Northern Affairs Canada. October 1996. ‘Report of the Royal Commission on Aboriginal Peoples.’ Indian and Northern Affairs Canada. Online. Available at: www. aadnc- aandc.gc.ca/eng/1307458586498/1307458751962 (accessed 16 September 2013)

Postcolonialims: The Many Faces of Sovereignty and Self-Determination Decolonisation in Africa Decolonisation in the Arctic Decolonisation in the Arctic

Indigenous Internationalism UN Permanent Forum on Indigenous Peoples UN Permanent Forum on Indigenous Peoples

UN Permanent Forum on the Rights of Indigenous Peoples

“We hope that our [upcoming] Inuit Circumpolar Conference will initiate dialogue between the five Arctic coastal nations necessary to lead to formal agreements for safe and responsible Arctic oil and gas development.” we Inupiat feel that safe and responsible Arctic shelf resource development must be governed by a single set of rules established by international agreements. We feel that the special problems of the Arctic necessitate the development of an international set of Arctic policies if we Inupiat are to be able to develop trust and confidence in the oil industry’s ability to conduct Arctic shelf operations safely and responsibly. Hopson, Eben. 1976a. ‘Letter to the Hon. Jimmy Carter, Americana Hotel, 801 Seventh Avenue, New York, New York. From Eben Hopson.’ Eben Hopson Memorial Archives. Online. Available at: www.ebenhopson.com/papers/1976/DemoConfab.html (accessed 16 September 2013) ‘Testimony Before the Berger Inquiry on the Experience of the Arctic Slope Inupiat with Oil and Gas Development in the Arctic.’ Eben Hopson Memorial Archives. Online. Available at: www.ebenhopson.com/papers/1976/Berger- Speech.html (accessed 16 September 2013)

THE ARCTIC COUNCIL the negotiating table The arctic council

PART II – THE ARCTIC AT A CROSSROAD A WESTPHALIANIZATION OF THE ARCTIC THE ‘TRADITIONAL’ HYBRID AND NON-CONVENTIONAL APPROACH TO ARCTIC GOVERNANCE Arctic Council = Policy shaping Indigenous Permanent Participants sit at the negotiating table More NGO observers than non-Arctic state observers A WESTPHALIANIZATION OF THE ARCTIC Illulisaat Declaration –among the 5 coastal states. UNCLOS would solve its disputes New Binding Policies = Statecraft The acceptance of 6 new observer states but no new NGOs A WESTPHALIANIZATION OF THE ARCTIC Illulisaat Declaration –among the 5 coastal states which stated that UNCLOS would solve its disputes New Binding Policies The acceptance of 6 new observer states but no new NGOs   The ‘traditional’ hybrid and non-conventional approach to Arctic Governance: Arctic Council = Policy shaping Indigenous Permanent Participants sit at the negotiating table More NGO observers than non-Arctic state observers

From Policy Shaping to Policy Making (Statecraft) 2011 ‘Agreement on Cooperation in Aeronautical and Maritime Search and Rescue in the Arctic’ (SAR) 2013 ‘Agreement on Cooperation on Marine Oil Pollution, Preparedness and Response in the Arctic’ (Oil spill Agreement) 2011 ‘Agreement on Cooperation in Aeronautical and Maritime Search and Rescue in the Arctic’ (SAR)

THE ARCTIC AT A CROSSROAD A WESTPHALIANIZATION OF THE ARCTIC THE ‘TRADITIONAL’ HYBRID AND NON-CONVENTIONAL APPROACH TO ARCTIC GOVERNANCE Arctic Council = Policy shaping Indigenous Permanent Participants sit at the negotiating table More NGO observers than non-Arctic state observers A WESTPHALIANIZATION OF THE ARCTIC Illulisaat Declaration –among the 5 coastal states. UNCLOS would solve its disputes New Binding Policies = Statecraft The acceptance of 6 new observer states but no new NGOs A WESTPHALIANIZATION OF THE ARCTIC Illulisaat Declaration –among the 5 coastal states which stated that UNCLOS would solve its disputes New Binding Policies The acceptance of 6 new observer states but no new NGOs   The ‘traditional’ hybrid and non-conventional approach to Arctic Governance: Arctic Council = Policy shaping Indigenous Permanent Participants sit at the negotiating table More NGO observers than non-Arctic state observers

PART III – FUTURE RESEARCH

Exxon Valdez Exxon Valdez Spill Deepwater Horizon Deepwater Horizon

…the US Coast Guard “make efforts to try to communicate with our communities, but more often than not the municipalities and the state agencies tend to dominate the conversation and leave out the mariner, like myself.” ICC: The Sea Ice Never Stops Circumpolar Inuit Reflections on Sea Ice Use and Shipping in Inuit Nunaat, December 2014. URL: http://www.inuitcircumpolar.com/uploads/3/0/5/4/30542564/sea_ice_never_stops_-_final.pdf ICC: The Sea Ice Never Stops Circumpolar Inuit Reflections on Sea Ice Use and Shipping in Inuit Nunaat, December 2014. URL: http://www.inuitcircumpolar.com/uploads/3/0/5/4/30542564/sea_ice_never_stops_-_final.pdf

Hybrid Governance in the Arctic: Carving out a Political Space for Coastal Indigenous Communities in Arctic Emergency Preparedness and Response PARTNERS The Gordon Foundation The Canadian High Arctic Research Station (CHARS) Exchange for Local Observations and Knowledge of the Arctic (ELOKA) Ice Law Project, University of Durham, UK Gordon Foundation the Canadian High Arctic Research Station (CHARS) Exchange for Local Observations and Knowledge of the Arctic ELOKA Ice Law Project, University of Durham, UK

Selected Ongoing and Future Projects Pan Arctic PhD program in Arctic Extractive Industries: ‘Security, Geopolitical and Governance Challenges in relation to Arctic Extractive Industries’ Peer Reviewed Journal Articles in Progress: ‘Hybrid Governance and Arctic Unconventional Energy’, Osofsky, Hari M. and Shadian, J. ‘Arctic Security and Safety: Local/Regional Governance Linkages in the Aleutian Islands’, Gamble, Jim and Shadian, J. Forthcoming book chapters: ‘Indigeneity, Sovereignty, and Indigenous Internationalism: Post Colonialisms or Neo-Colonialisms?’ In Handbook of the Polar Regions by Mark Nuttall, Torben Røjle Christensen and Martin Siegert (Editors). Routledge. ‘Arctic Indigenous Peoples in International Governance: A multilateral crisis? In ‘ Beyond Geo-Politics: Arctic Governance In Global Perspective by Kathrin Keil and Sebastian Knecht (Eds.). Palgrave Macmillan. Forthcoming Book Projects: Handbook of Arctic Security. Bertlesen, R., G. Hoogensen-Gjørv, and J. Shadian (editors), Commissioned by Routledge. The Arctic in Global Affairs: A Region in Transformation, Gunhild Hoogensen and J. Shadian (Forthcoming) Bloomsbury Press: New York Books Editor: The Polar Journal. Begin Date: 1 July 2015 NSF Grant: Hybrid Governance in the Arctic: Carving out a Political Space for Coastal Indigenous Communities in Arctic Emergency Preparedness and Response. Aleut International Association (AIA). Amount 580,000 USD Pan Arctic PhD program in Arctic Extractive Industries Ice Law Project IBRU, University of Durham, UK. URL: http://icelawproject.org/. Peer Reviewed Journal Articles in Progress ‘Hybrid Governance and Arctic Unconventional Energy’, Osofsky, Hari M. and Shadian, Jessica M.; ‘Arctic Security and Safety: Local/Regional Governance Linkages in the Aleutian Islands’, Gamble, Jim and Shadian, Jessica M. Forthcoming book chapters: ‘Indigeneity, Sovereignty, and Indigenous Internationalism: Post Colonialisms or Neo-Colonialisms?’ In Handbook of the Polar Regions by Mark Nuttall, Torben Røjle Christensen and Martin Siegert (Editors). Routledge. ‘Arctic Indigenous Peoples in International Governance: A multilateral crisis? ‘ Beyond Geo-Politics: Forthcoming Book Projects: Handbook of Arctic Security. Bertlesen, Rasmus, Gunhild hogensen- Gvorv (editors), Commissioned by Routledge.

How my research contribute to these aims: BSIA Mission: “To develop new solutions to humanity’s critical problems, to improve global governance now and in the future, and to contribute to enhancing the quality of people’s lives around the world.” How my research contribute to these aims: Contributes to finding governance solutions which takes into account the fact that the world is more complex than inter-state solutions allow. Contributes to the creation of effective, efficient, and equitable governance by understanding and accounting for the growing numbers of non-state actors which share power with states My publications focus on the fact that the Arctic is becoming a major global geopolitical region and as such sets out to contribute to the creation of innovative and creative solutions that will bring its governance up to speed with this politics. The Global Program at the Bassillie School seeks to find Possible solutions and to improve global governance. How doe my reserah contribute to these aims: 1) 2) That the world is more complex than interstate treaty making allows for effective governce The reason for this – is that growing numbers of non-state actors have serious power More efficient and effective governance in the Arctic. It will also accommodate for the growth and capacity of democratic goverance to take place. 3)

OF WHAT IS THIS AN INSTANCE?

Inuit Sovereignty

Russia symbolically staked its claim to billions of dollars worth of oil and gas reserves in the Arctic Ocean today when two mini submarines reached the seabed more than two and a half miles beneath the North Pole. “Russia raises stakes over Arctic seabed”

“At the recent Council Ministers meeting Secretary of State Hillary Clinton said, ‘It’s time to change the Arctic Council from a policy shaping to a policy making body.’ Secretary of Interior Ken Salazar sat at the head table with Secretary Clinton. Senator Lisa Murkowski and Lieutenant Governor Mead Treadwell were part of the U.S. delegation. It’s interesting to note that there were six Inuit sitting at the head table: including the Premier of Greenland, Kuupik Kleist, who headed the Danish delegation; and Canada’s Health Minister, Leona Aglukkaq, who headed the Canadian Delegation. It was a good day for Inuit.” Stotts, James. 20 August 2011. ‘Arctic Imperative: James Stotts, President – Inuit Circumpolar Council Alaska.’ Alaska Public Media. Online. Available at: www. alaskapublic.org/2011/08/20/arctic- imperative-james- stotts/ (accessed 17 September 2013) Stotts, James. 20 August 2011. ‘Arctic Imperative: James Stotts, President – Inuit Circumpolar Council Alaska.’ Alaska Public Media. Online. Available at: www.alaskapublic.org/2011/08/20/arctic- imperative-james- stotts/ (accessed 17 September 2013)

History of Westphalian Politics Peace of Westphalia 1648 Berlin Conference 1884 UN Permanent Forum for Indigenous Issues 2002 United Nations 1945 UN Permanent Forum for Indigenous Issues 2002