북극이사회 옵서버의 법적 지위에 대한 고찰

Due to the climate change, ice-melting in the Arctic region provides us with a new opportunity for the economic growth. On the other hand, it could cast disputes over territory or exploitation of natural resources in that region. As for us, however, the Arctic evidently open up a new page for the development of our nation economic growth, of which economic structure is export-oriented with foreign trade and does not have any particular natural resources. Unlike the Antarctic region where a concrete legal regime has been established for the usage and preservation of that region, the Arctic Council which is a governmental forum for the convention on major social and economic issues on the area cast a substantial power on the region. We have established a close relationship with members of the Arctic Council, and finally elected as an observer in the above mentioned organization in 2013. Even if it is a splendid achievement for us to become an observer state in the Arctic Council, it also cast a difficult question how to handle the status as an observer for expanding our national interest. Meanwhile, as a governmental forum, the Arctic Council has its characteristics of closures and autonomy of the operation. Those characteristic are easily found by reading its OBSERVER MANUAL FOR SUBSIDIARY BODIES and RULES OF PROCEDURE. Although status as an observer may provide us with a new chance for the national development, it must be kept in mind that the status as an observer state in the Arctic Council is not so powerful and stable. We must pay attention that the status as an observer in the Arctic Council can be maintained as long as an observer state respects the Ottawa Declaration or its Rules of Procedure and complements the work conducted in the Arctic Council. Especially, since every resolutions are made by consensus-basis among members of the Arctic Council, the status as an observer can be easily hurt with an objection from a member state.