INTERNATIONAL LEGAL IMPLICATIONS OF CLIMATE CHANGE FOR THE POLAR REGIONS: TOO MUCH, TOO LITTLE, TOO LATE?

Climate change is by definition both a global and a regional issue. Perhaps this paradox is most evident in the polar regions where regional change and global impact coexist. This commentary does not deny the importance of the global regime, but opts instead to consider the role of those institutions which can most affect the particularities of the polar context, namely the Arctic Council and the Antarctic Treaty Consultative Meetings. So far, discussion within these institutions has focused on the science of climate change, and it is certainly the case that research done within both regions has made important contributions to regional and global knowledge. The development of regional policy and regulatory responses to climate change has, however, been fairly minimal to date. Nevertheless, the original perception that climate change is not an issue which can be addressed regionally is slowly beginning to change. There are (at least) three areas where action can and should be undertaken by polar states: mitigating and minimising local greenhouse gas emissions; developing appropriate regional adaptation strategies; and representing the interests of these regions within appropriate international fora. We argue that regional regimes cannot abrogate complete responsibility when it comes to climate change. Despite recent scientific and policy initiatives, climate change is under-regulated in the polar regions. Thus, there is too much rhetoric and too little regulation. Unfortunately, before we get a chance to resolve this conundrum, the global reality may overtake the normative endeavour; in other words, it may also be too late.