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agreements, territorial governments, advisory bodies, governmental agencies, corporations,
organisations representing indigenous peoples and non-governmental associations (NGOs), for
instance. The article analyses the governance process to address both issues of management of the
environment and public participation. It does not focus on a gap analysis, even though some
shortcomings are highlighted. To answer these questions, the analysis also relies on the concept of
multilevel governance (MLG). As an analytical tool, MLG allows one to tackle the overlapping
competencies among levels of governments and the interaction of various actors (across those levels).
Various levels of jurisdiction are involved in the offshore oil and gas activities and the analysis focuses
on cases where regional governments are in place – for instance in Greenland, where the government
has taken responsibility over offshore activities in the EEZ, or in Nunavut, which has no offshore
jurisdiction but where Inuit rights are protected through various mechanisms.
Acknowledging the importance of the legal dimension of governance, the analysis also refers to the
concept of legal pluralism which indicates that we inhabit a world of multiple normative communities
(Zumbansen 2011; Callies & Renner 2009). Normative communities include the nation-state
governments and courts familiar to legal scholars, but many other normative communities articulate
norms without formal state power behind them. Indeed, many actors from the private sectors
(including transnational corporations) as well as NGOs can also design norms and values in the
offshore activities, potentially leading to a situation of legal pluralism where legal systems overlap
(Berman 2007). Pluralism is conceived here principally as a descriptive, not a normative, framework
to study the interplay of norms, and it does not propose a hierarchy of substantive norms and values
(Berman 2007: 1166).
The article is structured in three parts: it first deals with interactions of authorities between the national
level (state) on one hand, and the international and supranational levels (international law and the EU)
on the other hand. The second part analyses multilevel governance cases involving national and
regional (sub-state) authorities. In a third part, the role of non-governmental actors such as companies
and NGOs in governance processes is assessed at both international and national levels. The article
concludes with suggestions on paths to improve the efficiency of environment management and
public participation.
Interactions between national level and international/supranational level
Fragmentation of international law
Offshore activities take place in the EEZ or on the continental shelf of Arctic coastal states, where
under UNCLOS states enjoy sovereign rights over resources (article 56 and article 77) and their
domestic legislation applies to activities in their own area. These sovereign rights carry with them the
duty of due regard for the rights and duties of other states (article 56) and minimum standards to
protect and preserve the marine environment (articles 192 and 193). In addition to domestic law, and
although no international convention is dedicated to offshore oil and gas activities, many international
rules and international or regional agreements apply to the EEZ in the Arctic region when it comes
to pollution at sea.
Governance of Arctic Offshore Oil & Gas Activities