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options pertaining to contract law may not only optimise the operator-regulator interface and ensure
the effective performance of monitoring, but also more generally offer a stable framework for
inclusive dialogue between actors and develop a culture of trust, in particular in terms of risk
acceptance. This is what relational contracts emphasise: long-term relations and obligations such as
commitment and loyalty.
In the end, the analysis of the rationale for engaging in offshore activities in the Arctic region, from a
state perspective (e.g. energy security), and from regional government, indigenous shareholders and
corporation perspectives, could be helpful in order to shed light on the current governance settings
but also to provide relevant actors with arguments to weigh the decision on seismic and drilling
activities in relation to risk acceptance.
Acknowledgment
The author is thankful to Professor Ellen Margrethe Basse for her useful comments on legal aspects.
Any errors or inaccuracies are those of the author.
Notes
1. For a discussion on the influence of international law on national policy and law related to
indigenous peoples in the Arctic, see Koivurova and Stepien, 2011.
2. In 2008 the US Geological Survey estimated the reserves would amount 13% of the
undiscovered reserves of oil and 30 % of the undiscovered gas reserves (USGS 2008).
3. Our emphasis. Polar Code, Part II-B, Article 1. Regulation 43 of MARPOL Annex I applies
to Antarctic waters and prohibits the carriage in bulk as cargo, or carriage and use as fuel, of
heavy fuel. http://www.imo.org/MediaCentre/HotTopics/polar/Pages/default.aspx
4. EU Directive 2012/33/EU amending the Sulphur Directive (1999/32 as amended by
Directive 2005/33/EC).
5. Statutory Order no. 640 of 12 June 2014 on the Content of Sulphur in Solid and Liquid Fuel.
6. Act no. 1499 of 23 December 2014.
7. TGS-NOPEC Geophysical Company ASA, Petroleum GeoServices and MultiKlient Invest
AS.
8. At paragraph 47.
9. In the Rio Tinto and Little Salmon Carmacks decisions, the Supreme Court of Canada has
further explained that the duty to consult is a constitutional duty.
10. The legal argument for the injunction relied on the Supreme Court of Canada's 1997
Delgamuukw decision, which acknowledged an inherent aboriginal right to land, plus the two
rulings (Haida in 2004 and Mikisew in 2005) which require the Crown to consult first nations
even if a treaty is settled.
11. Hamlet of Clyde River, Nammautaq Hunters & Trappers Organization – Clyde River, and
Jerry Natanine versus TGS-NOPEC Geophysical Company ASA (TGS), Petroleum GeoCécile Pelaudeix