164 



social structures and economics, as well as the environment of 

 a no longer remote Arctic." 149 In light of these changes, he 



observed : 



If there were gaps and missing pieces to start 

 with in our knowledge and actions about polar 

 bears, there are even more now in a much 

 broader context, with changes occurring more 

 rapidly and so much more at stake. If we were 

 able to gain by cooperating and exchanging 

 information about polar bears the arguments do 

 indeed seem persuasive for extending this 

 pattern of mutual help to include a wider range 

 of present day Arctic problems. 150 



As these statements suggest, the ecosystem and habitat 

 requirements of Article II go beyond the protection of the 

 area actually occupied by bears. Instead, it applies to all 

 components of the Arctic environment. The Agreement makes the 

 protection of these areas a mandatory duty. It appears, 

 however, by providing that "appropriate action" should be 

 taken to protect these areas, the parties intended this 

 concept to be a flexible affirmative duty, rather than a 

 carefully circumscribed mandate to take certain actions. 151 

 Because Article II provides that such actions "shall" be 

 taken, it is clear that the parties have an obligation to 



14> Id. at 75. 



1S0 Id. at 75-76. 



151 Tha explanatory notat on tha July and Saptambar 1973 IOCS draft* 

 maka it claar that tha word "appropriate" waa uaad to aignal that 

 contracting partiaa raaarva tha right to puraua "diffaring" approachaa to 

 fulfilling thair ccanitaenta undar tha Agreement. Sis Polar Baar 

 Agreement, July, Saptambar 1973 ZUCN Orafta, mUXM n.120, 121, at 2, 3. 



I0WOI-970O/DA9MJ 20.016) 



.45. I2/20V9) 



