Adoption of the arctic search and rescue agreement: A shift of the arctic regime toward a hard law basis?

This paper examines the Arctic Search and Rescue Agreement—the first legally-binding instrument negotiated and adopted under the auspices of the Arctic Council—and analyzes its implications for the current Arctic regime. Led by the Arctic Council, the Arctic regime was established in a soft law format. However, the soft law nature and restricted mandates of the Arctic Council have limited its capacity to respond to new issues emerging from climate change, particularly those related to the exploitation of oil and gas reserves, commercial shipping through the region, effects on wildlife, and impacts on indigenous peoples' homelands and culture. The adoption of the Agreement represents a new approach for the Arctic States to respond to these new challenges. At the same time, it does not imply that a legally-binding instrument is necessarily preferable for every issue, and importantly, the new Arctic Agreement does not establish new institutional relationships, suggesting satisfaction among the Arctic States with the existing arrangements. Thus, although the Arctic regime is undoubtedly changing, this change should not be treated today as a shift from soft to hard law. What is more certain is that the Arctic Council will continue to function as a cooperative forum where the Arctic States can address these challenges, and its importance will only increase in coming years.