GREENPEACE VS RUSSIA OF ARCTIC SUNRISE ISSUE IN INTERNATIONAL LAW OVERWIEW INTERNATIONAL RELATIONS POLITIC AND SOCIAL SCIENCE FACULTY HASANUDDINUNIVERSITY MAKASSAR 2016 BACKGROUND Greenpeace as Non-Governmental Organization (NGO) that concerns about environmental matters on earth as unity. Specifically, Greenpeace is in attempt to develop a clean and green construction, to expose and cease the environmental crimes, to have the environmental rights established and protected. As far as we read the media regarding the cases that addressed by Greenpeace, we do really concern about the dynamic “Save the Arctic” campaign. The Arctic is a vast, ice-covered ocean, surrounded by tree-less, frozen ground, that teems with life, including organisms living in the ice, fish and marine mammals, birds, land animals and human societies.1 Ice has been a central feature of the Arctic Ocean more than 800,000 years. There are oil and gas reserves that have yet to be discovered about 90 billion barrels of oil, 1,669 billion cubic feet of natural gas, and 44 billion barrels of natural gas liquids that are located in the northern region of the Arctic Ocean with about 84% in offshore areas. 2With the amount of 10% of total global production is from the Arctic Ocean to human consumption. The use of dirty fossil energy tobecome one of the biggest causes of melting ice in theArctic region. Behind that threat, the oil companies such as Shell, BP, Exxon, Gazprom, Rosneft, and the others will be opening a new oil frontier to scoop up potential 90 million barrels of oil3 Russia is the country that is very eager to claim the territory for their incredible potential that can be worked in the Arctic Ocean. Climate change resulting in the melting ice in the Arctic Ocean happen sooner could actually open up Russia's access to the Arctic Ocean. To achieve those interests, Russian state-owned company through which Gazprom, Rosneft and Lukoil continues to drill for oil and gas in the Arctic region, which so far has the threat and the potential for oil spills at sea which 1 http://www.arctic.noaa.gov/ accessed on October 28, 2016 Charles M. Perry and Bobby Andersen, “New Strategic Dynamics in The Arctic Region”, (Washington, DC.:The Institute for Foreign Policy Analysis, 2012), page. 13 3 http://www.savethearctic.org/accessed on October 28, 2016 2 would cause damage to the earth. Particularly Gazprom became the first company to begin commercial production of oil in the Arctic off. In case of threat of environmental destruction in the Arctic area, one of the NGO which made efforts to the impact of the Russian-owned oil and gas exploration is Greenpeace.4Greenpeace has a claim that exploration in arctic area has a direct effect on the habitats due to drilling conducted resulted in pollution from chemicals. The threat is no less important is the oil spill at sea that can spread may result in the arctic species could become extinct. In June 2012, Greenpeace began to declare Save The Arctic campaign to gather support from around the world to save the arctic. 5 On August 24, 2013, activists Greenpeace peaceful protestors by climbing the bridge Prirazomnoya with bot ships. However, they were eventually arrested and tried by a national court on charges of piracy and boycotts. This is the focus of the authors to raise the issue of Greenpeaceversus Russia of arctic sunrise issue in international law overview. PROBLEM The problem of this paper is the overviewof international law of Greenpeace versus Russia inarctic sunrise issue AIMS OF RESEARCH The aims of research of this paper is to know more about theoverviewof international law of Greenpeace versus Russia in arctic sunrise issue RESEARCH QUESTION The research question of this paper is what is the overview of international law of Greenpeace versus Russia in arctic sunrise issue? 4 AndriZuhdi. 2016. Upaya Greenpeace MenyelamatkanArktik Dari KepentinganPengeboranMinyak Dan Gas Rusia.JomFisip Vol. 3 No. 2 – Oktober 2016page 4 5 Ibid METHOD The data collection method in this research is done through literature research, which aimed to obtainmaterials and information necessary secondary andrelevant to the research, which is sourced from books, mediareports, journals, and other sources of information such asData were documented through internet sites thatrelevant. ANALYSIS Greenpeace as Non-Governmental Organization (NGO) that concerns about environmental matters on earth as unity. Specifically, Greenpeace is in attempt to develop a clean and green construction, to expose and cease the environmental crimes, to have the environmental rights established and protected. Greenpeace is formed under the principal of non-profit organization that facilitate environmental issue, when at the same time, the primary concerns of global and regional based organization as the minor interests or ‘low politics’ that commonly ruled out of the negotiation table. Therefore, as it stands in a world that neglects the sake of earth, Greenpeace presents an alternative space to counterbalance the hegemony of economic-capitalism industry. Arktic is a vast ocean that is almost entirely covered by ice. There are many countries bordering the Arctic areas and based on the UNCLOS convention in 1982, several countries including Russia had a partial of Arctic area as their territory of its EEZ (Economic Exclusive Zone). To take advantage of the natural wealth owned Arctic ocean in the form of oil and natural gas, Russia with their several national companies drilling the oil-rig and the largest among them is Gazprom. Gazprom in its efforts to drill for oil and gas build an area oil and gas refinery, named Prirazlomnoya. The Prirazlomnaya Refineries Area are located in the offshore that hold the ice on each operation process in the field of oil and gas drilling, production and storage, processing and dismantling of the final product. It is for the first time in the world to produce hydrocarbons in the Arctic Ocean areas where the refinery is located on the sea of ice. Events and activities is certainly very dangerous if done in areas that are particularly vulnerable and extreme climates such as the North Pole or the Arctic. Some activities that are harmful from oil and gas drilling in the Arctic such as Oil Spills from Ships and Oil Leakage in Pipeline and Refinery Marine Pollution from Industry in Oil Refineries and Gas and Maritime Transport, cannon shot and Vibration Sound of Seismic Exploration Method in Seabed, Ship-breaking result in accelerated decline Ice Ice Pole6 Many species and marine biota are found in the Arctic, see this would be a concern to the development of living things he arctic future. Of course all the activities undertaken with regard to oil and gas drilling in the Arctic Ocean becomes a threat of pollution to the environment, because the Arctic is an area that is vulnerable and has a direct relationship with the warming and climate change that affects the sustainability of human life in the future. Climate change is happening in the last few decades have had a significant impact on the environment of the Arctic Ocean. The increasing heat of the earth, especially in the area of the Arctic Ocean has caused the melting of the ice in the Arctic Ocean. Climate change is faster and more severe in the Arctic than in most of the rest of the world. The Arctic is warming at a rate of almost twice the global average.7 Particularly speaking, it’s about the charges of all 30 people aboard a Greenpeace ship with piracy after two activists tried to scale an oil platform in a protest of Arctic drilling in June, 2013.In June 2012, Greenpeace began to declare Save The Arctic campaign to gather support from around the world to save the arctic. 8 These activists brought millions of names that have participated in this petition to the North Pole, with "Flag for the Future," designed by young people around the 6 Ibid. page 3 WWF, “Arctic Climate Change”, (2013), accessed in http://wwf.panda.org/what_we_do/where_we_ work/arctic/what_we_do/climate/ on October 28, 2016 8 Ibid.page 3 7 world.9On August 24, 2013, activists Greenpeace peaceful protestors by climbing the bridge Prirazomnoya with bot ships. On September 18, 2013, two activists of Greenpeace International, Sini and Marco, were arrested while protesting in offshore oil refinery Gazprom, Prirazlomnoya, Pechora Sea, off the coast of Russia. A day later, on September 19, 2013, Russian security forces arrested the Greenpeace activists who boarded the ship Arctic Sunrise and immediately taken to Murnmask. The Russian government has detained 30 Greenpeace activists who came from 16 countries. On September 20, 2013, Prime Minister of the Netherlands said that the Russian side should contact the Dutch before the Russians detain a Greenpeace ship, Arctic Sunrise, because the Arctic Sunrise brought the Dutch flag. 10 According to Greenpeace, Arctic Sunrise sailed in international waters and not in the Russian’s jurisdiction.11 The activists were arrested and indicted on charges of piracy. According to Russia, Greenpeace climb Gazprom oil vessels, which are within the territory of Russia. Throughout 40 years, Greenpeace has taken a non-violent direct action to escalate the quality of free-arms public discussion. In addition, the campaign that held by Greenpeace maintain the bearing witness methodology, where the researchers (the activists of Greenpeace) witnessed the environmental destruction directly with their own technology, then distribute the facts along with the creative posters. In regards the case of peaceful protest in the Gazprom oilrig, there has been an earlier announcement to the side of government and the corporation itself. Thus, Greenpeace does not break any international laws, either its principal, a non-violent direct action. In doing the “Save The Arctic” campaign, Greenpeace has got down to 9 Save the Arctic http://www.savethearctic.or g/accessed on October 28, 2016 RafikaNurulHamdaniRamli. 2014. TinjauanHukumInternasionalTerhadapPenahananAktivis Greenpeace OlehPemerintahRusia.Makassar: UniversitasHasanuddin. 11 Updates from the Arctic Sunrise Activists http://www.greenpeace.org/international/en/news/featu res/From-peaceful-action-todramatic-seizure-a-timeline-of-events-since-the-Arctic-Sunrise-took-acti on-September-18- CET/#a27 \ 10 many corporations to commit peaceful demonstration on Arctic offshore. For instances, the protest has been performed in many places, such as Cairn Energy exploration in Greenland, Royal Dutch Shell in Chukchi water in North Alaska, Gazprom’s oilrig in Pechora sea, etc. The protests is directed continuously to oilrigs, drill ship, exploration ship and the iceboats which are rent by the corporations. There are severalaccusations that alleged by the side of Russia that are apparently illogical and assumptive. Firstly, the Russia alleged Greenpeace activists, which at the time sailed on Artic Sunshine (name of ship), as act of piracy, to conquer the oilrig. However, as past 40 years, Greenpeace has proven their consistency in peaceful approaches, in practically, they have just wanted to put on the “Save the Arctic” campaign. In an international law framework, a baseless accusation will not last as final decision and international society will not trust it. This prediction is proven and in 26th of December 2013, the whole 30 activists. CONCLUSION The conclusion is that Greenpeace does not break any international laws, either its principal, a non-violent direct action. In doing the “Save The Arctic” campaign, Greenpeace has got down to many corporations to commit peaceful demonstration on Arctic offshore. For instances, the protest has been performed in many places, such as Cairn Energy exploration in Greenland, Royal Dutch Shell in Chukchi water in North Alaska, Gazprom’s oilrig in Pechora sea, etc Bibliography Dolidze, A. (2014, Volume 18, Issue 1). The Arctic Sunrise and NGOs in International Judicial Proceedings. International Tribunal for the Law of the Sea (ITLOS, the Tribunal) (pp. 1 - 6). ASIL Press. Charles M. Perry and Bobby Andersen, “New Strategic Dynamics in The Arctic Region”, (Washington, DC.:The Institute for Foreign Policy Analysis, 2012), page. 13 NOTO, D. M. (2016). The Arctic Sunrise Arbitration and Acts of Protest at Sea. Maritime Safety and Security Law Journal Volume 2. RafikaNurulHamdaniRamli. 2014. TinjauanHukumInternasionalTerhadapPenahananAktivis Greenpeace OlehPemerintahRusia.Makassar: UniversitasHasanuddin. AndriZuhdi. 2016. Upaya Greenpeace MenyelamatkanArktik Dari KepentinganPengeboranMinyak Dan Gas Rusia.JomFisip Vol. 3 No. 2 – Oktober 2016page 4 WWF, “Arctic Climate Change”, (2013), accessed http://wwf.panda.org/what_we_do/where_we_ work/arctic/what_we_do/climate/on October 28, 2016 Save the Arctic http://www.savethearctic.or g/ accessed on October 28, 2016 http://www.arctic.noaa.gov/ accessed on October 28, 2016 in
