Emerging Legal Orders In The Arctic

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Emerging Legal Orders in the Arctic

Author : Akiho Shibata,Leilei Zou,Nikolas Sellheim,Marzia Scopelliti
Publisher : Routledge
Page : 276 pages
File Size : 48,5 Mb
Release : 2019-04-11
Category : Law
ISBN : 9780429865916

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Emerging Legal Orders in the Arctic by Akiho Shibata,Leilei Zou,Nikolas Sellheim,Marzia Scopelliti Pdf

More than ever before the changing environmental and political landscape in the Arctic requires stability and foreseeability based on resilient common norms. The emerging legal orders in the Arctic cannot be legitimately created or effectively implemented unless all relevant actors are involved. Simultaneously, it must always be based on respect for the sovereign rights of the eight Arctic states in the region, as well as the tradition and cultural livelihood of the local communities. It is this delicate balance between Arctic and non-Arctic interests that is the core problématique for the emerging legal orders in the Arctic. Emerging Legal Orders in the Arctic critically examines the role of non-Arctic actors in this advancement of the shape and scope of the Arctic legal order. Discussing the admittance and participation of Observer states and organisations in the Arctic Council, including task force meetings where new treaties are negotiated, it details the issues and successes this can result in. Setting up the context of the current legal orders in the Arctic, the book discusses Asian, indigenous and European perspectives, amongst others. There is a strong focus on the groundbreaking fisheries agreement of November 2017 in the Central Arctic Ocean (CAO), and the impact on both Arctic and non-Arctic actors. Interests in marine living resources, scientific cooperation and the Arctic shipping regimes and governance are also thoroughly discussed from multiple perspectives. The book combines the expertise of academics and practitioners in the fields of international law and Arctic governance, uniquely focusing on Asian actors in the Arctic legal order-making. The resulting study is a fascinating insight into the interplay between non-Arctic actors and the Arctic legal order, and will be invaluable to academics in the field of Arctic and international law.

Emerging Legal Orders in the Arctic

Author : Taylor & Francis Group
Publisher : Routledge
Page : 302 pages
File Size : 54,8 Mb
Release : 2021-12-13
Category : Electronic
ISBN : 1032241276

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Emerging Legal Orders in the Arctic by Taylor & Francis Group Pdf

More than ever before the changing environmental and political landscape in the Arctic requires stability and foreseeability based on resilient common norms. The emerging legal orders in the Arctic cannot be legitimately created or effectively implemented unless all relevant actors are involved. Simultaneously, it must always be based on respect for the sovereign rights of the eight Arctic states in the region, as well as the tradition and cultural livelihood of the local communities. It is this delicate balance between Arctic and non-Arctic interests that is the core problématique for the emerging legal orders in the Arctic. Emerging Legal Orders in the Arctic critically examines the role of non-Arctic actors in this advancement of the shape and scope of the Arctic legal order. Discussing the admittance and participation of Observer states and organisations in the Arctic Council, including task force meetings where new treaties are negotiated, it details the issues and successes this can result in. Setting up the context of the current legal orders in the Arctic, the book discusses Asian, indigenous and European perspectives, amongst others. There is a strong focus on the groundbreaking fisheries agreement of November 2017 in the Central Arctic Ocean (CAO), and the impact on both Arctic and non-Arctic actors. Interests in marine living resources, scientific cooperation and the Arctic shipping regimes and governance are also thoroughly discussed from multiple perspectives. The book combines the expertise of academics and practitioners in the fields of international law and Arctic governance, uniquely focusing on Asian actors in the Arctic legal order-making. The resulting study is a fascinating insight into the interplay between non-Arctic actors and the Arctic legal order, and will be invaluable to academics in the field of Arctic and international law.

The Arctic and World Order

Author : Kristina Spohr,Daniel S. Hamilton,Jason C. Moyer
Publisher : Brookings Institution Press
Page : 426 pages
File Size : 48,5 Mb
Release : 2021-01-26
Category : Political Science
ISBN : 9780999740682

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The Arctic and World Order by Kristina Spohr,Daniel S. Hamilton,Jason C. Moyer Pdf

The Arctic, long described as the world’s last frontier, is quickly becoming our first frontier—the front line in a world of more diffuse power, sharper geopolitical competition, and deepening interdependencies between people and nature. A space of often-bitter cold, the Arctic is the fastest-warming place on earth. It is humanity’s canary in the coal mine—an early warning sign of the world’s climate crisis. The Arctic “regime” has pioneered many innovative means of governance among often-contentious state and non-state actors. Instead of being the “last white dot on the map,” the Arctic is where the contours of our rapidly evolving world may first be glimpsed. In this book, scholars and practitioners—from Anchorage to Moscow, from Nuuk to Hong Kong—explore the huge political, legal, social, economic, geostrategic and environmental challenges confronting the Arctic regime, and what this means for the future of world order.

International Law and the Arctic

Author : Michael Byers,James Baker (Arctic scholar)
Publisher : Cambridge University Press
Page : 341 pages
File Size : 52,9 Mb
Release : 2013-08
Category : History
ISBN : 9781107042759

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International Law and the Arctic by Michael Byers,James Baker (Arctic scholar) Pdf

Sets out the international law relevant to the Arctic, from indigenous peoples to environmental protection to oil and gas exploration.

International Law and Politics of the Arctic Ocean

Author : Suzanne Lalonde,Ted L. McDorman
Publisher : Hotei Publishing
Page : 470 pages
File Size : 43,6 Mb
Release : 2015-03-20
Category : Law
ISBN : 9789004284593

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International Law and Politics of the Arctic Ocean by Suzanne Lalonde,Ted L. McDorman Pdf

International Law and Politics of the Arctic Ocean: Essays in Honor of Donat Pharand is a collection of essays in honor of Professor emeritus Donat Pharand by leading Arctic experts from around the globe. The volume offers a clear, concise and detailed analysis of many of the issues an expanded use of the Arctic Ocean raises and of critical importance for the legal and political processes unfolding in the Arctic region.

New Knowledge and Changing Circumstances in the Law of the Sea

Author : Tomas Heidar
Publisher : BRILL
Page : 498 pages
File Size : 48,5 Mb
Release : 2020-09-07
Category : Law
ISBN : 9789004437753

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New Knowledge and Changing Circumstances in the Law of the Sea by Tomas Heidar Pdf

New Knowledge and Changing Circumstances in the Law of the Sea focuses on the challenges posed to the existing legal framework, in particular the United Nations Convention on the Law of the Sea, and the various ways in which States are addressing these challenges.

The Routledge Handbook of Polar Law

Author : Yoshifumi Tanaka,Rachael Lorna Johnstone,Vibe Ulfbeck
Publisher : Taylor & Francis
Page : 734 pages
File Size : 42,6 Mb
Release : 2023-07-25
Category : Law
ISBN : 9781000900156

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The Routledge Handbook of Polar Law by Yoshifumi Tanaka,Rachael Lorna Johnstone,Vibe Ulfbeck Pdf

Polar law describes the normative frameworks that govern the relationships between humans, States, Peoples, institutions, land and resources in the Arctic and the Antarctic. These two regions are superficially similar in terms of natural environmental conditions but the overarching frameworks that apply are fundamentally different. The Routledge Handbook of Polar Law explores the legal orders in the Arctic and Antarctic in a comparative perspective, identifying similarities as well as differences. It points to a distinct discipline of "Polar law" as the body of rules governing actors, spaces and institutions at the Poles. Four main features define the collection: the Arctic-Antarctic interface; the interaction between global, regional and domestic legal regimes; the rights of Indigenous Peoples; and the increasing importance of private law. While these broad themes have been addressed to varying extents elsewhere, the editors believe that this Handbook brings them together to create a comprehensive (if never exhaustive) account of what constitutes Polar law today. Leading scholars in public international and private law as well as experts in related fields come together to offer unique insights into polar law as a burgeoning discipline.

Handbook on Geopolitics and Security in the Arctic

Author : Joachim Weber
Publisher : Springer Nature
Page : 381 pages
File Size : 55,8 Mb
Release : 2020-06-25
Category : Political Science
ISBN : 9783030450052

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Handbook on Geopolitics and Security in the Arctic by Joachim Weber Pdf

Against the backdrop of climate change and tectonic political shifts in world politics, this handbook provides an overview of the most crucial geopolitical and security related issues in the Arctic. It discusses established shareholder's policies in the Arctic – those of Russia, Canada, the USA, Denmark, and Norway – as well as the politics and interests of other significant or future stakeholders, including China and India. Furthermore, it explains the economic situation and the legal framework that governs the Arctic, and the claims that Arctic states have made in order to expand their territories and exclusive economic zones. While illustrating the collaborative approach, represented by institutions such as the Arctic council, which has often been described as an exceptional institution in this region, the contributing authors examine potential resource and power conflicts between Arctic nations, due to competing interests. The authors also address topics such as changing alliances between Arctic nations, new sea lines of communication, technological shifts, and eventually the return to power politics in the area. Written by experts on international security studies and the Arctic, as well as practitioners from government institutions and international organizations, the book provides an invaluable source of information for anyone interested in geopolitical shifts and security issues in the High North.

Philosophies of Polar Law

Author : Dawid Bunikowski,Alan D. Hemmings
Publisher : Routledge
Page : 154 pages
File Size : 50,9 Mb
Release : 2020-06-08
Category : Law
ISBN : 9780429865824

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Philosophies of Polar Law by Dawid Bunikowski,Alan D. Hemmings Pdf

Analysing the most important concepts and problems of the philosophy of polar law, this book focuses on the legal regimes relating to both the Arctic and Antarctic. The book addresses the most fundamental concepts and problems of polar law, looking beyond the apparent biophysical similarities and differences of the two polar regions, to tackle the distinctive legal problems relating to each polar region. It examines key legal–philosophical areas of the philosophy of law around legal interpretation; the role of nation states, reflected in concepts of territorial sovereignty – whether recognised or merely asserted, the exercise of jurisdiction, and the philosophical justifications for such claims; as well as indigenous rights, land rights, civil commons and issues of justice. The book will be of interest to students and scholars of polar law, land law, heritage law, international relations in the polar regions and the wider polar social sciences and humanities.

Changes in the Arctic Environment and the Law of the Sea

Author : Myron Nordquist,John Norton Moore,Tomas H. Heidar
Publisher : BRILL
Page : 624 pages
File Size : 50,8 Mb
Release : 2010-05-03
Category : Law
ISBN : 9789004187399

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Changes in the Arctic Environment and the Law of the Sea by Myron Nordquist,John Norton Moore,Tomas H. Heidar Pdf

Changes in the Arctic Environment and the Law of the Sea is based on the 33rd Annual Conference of the Center for Oceans Law and Policy, a primary sponsor, along with the Law of the Sea Institute of Iceland as well as with the U.S. Arctic Commission, the University of Alaska (Fairbanks) and the Law of the Sea Institute, Law School (Boalt Hall), University of California, Berkeley.

Power Transition in the Anarchical Society

Author : Tonny Brems Knudsen,Cornelia Navari
Publisher : Springer Nature
Page : 367 pages
File Size : 45,8 Mb
Release : 2022-07-09
Category : Political Science
ISBN : 9783030977115

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Power Transition in the Anarchical Society by Tonny Brems Knudsen,Cornelia Navari Pdf

This book examines the ongoing power transition and its ramifications for world order from an international society perspective. In that perspective, the outcome of big changes in the distribution of power is a matter of socialization rather than structural determination or the resilience of the so-called Liberal world order. Consequently, the key question of this book is how the ongoing power transition affects, and is affected by, the social institutions of world order including sovereignty, the balance of power, international law, diplomacy, trade, humanitarian intervention, national self-determination, and environmental stewardship. The guiding theoretical assumption of the book is that power transition stimulates fundamental institutional change rather than major conflict or a breakdown of international order, while international organizations are key arenas for the realization and negotiation of such changes, not the victims of hegemonic retreat. The argument is pursued in sections on rising and declining powers (Anglo-America, Russia, China and the EU, among others), consequences for the fundamental social institutions and changes in international organizations, globally and regionally. In combination, the chapters reveal the contours of the coming world order.

Arctic Governance in a Changing World

Author : Mary Durfee,Rachael Lorna Johnstone
Publisher : Rowman & Littlefield
Page : 345 pages
File Size : 44,8 Mb
Release : 2019-01-14
Category : Political Science
ISBN : 9781442235649

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Arctic Governance in a Changing World by Mary Durfee,Rachael Lorna Johnstone Pdf

This comprehensive text explains the relationship between the Arctic and the wider world through the lenses of international relations, international law, and political economy. It is an essential resource for any student or scholar seeking a clear and succinct account of a region of ever-growing importance to the international community. Highlights include: •Broad coverage of national and human security, Arctic economies, international political economy, human rights, the rights of indigenous people, the law of the sea, navigation, and environmental governance •A clear review of current climate-related change •Emphasis on the sources of cooperation in the Arctic through international relations theory and law •Examination of the Arctic in the broader global context, illustrating its inextricable links to global processes

The Arctic in International Law and Policy

Author : Kristina Schönfeldt
Publisher : Bloomsbury Publishing
Page : 1680 pages
File Size : 42,7 Mb
Release : 2017-08-24
Category : Law
ISBN : 9781509915774

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The Arctic in International Law and Policy by Kristina Schönfeldt Pdf

The Arctic is an increasingly important region faced with major challenges caused not only by the effects of climate change, but also by a growing interest in its living and non-living resources, its attraction as a new destination for tourism, and as a route for navigation. It is not only the eight Arctic States that have paid an increased level of attention to the region; several non-Arctic actors from Asia and Europe also seek to gain more influence in the High North. At the same time, the evolving law and policy architecture for the Arctic region has recently played a more prominent role in the political and academic debate. Unlike Antarctica, where the coherent Antarctic Treaty System governs international cooperation, the legal regime of Arctic affairs is based on public international law, domestic law, and 'soft law'. These three pillars intersect and interact making Arctic governance multi-faceted and highly complex. This book provides an analytical introduction, a chronology of legally relevant events, and a selection of essential materials covering a wide range of issues-eg delineation and delimitation of maritime boundaries, environmental protection, indigenous peoples' rights, shipping, and fisheries. Included are multilateral and bilateral treaties, UN documents, official statements, informal instruments, domestic laws, and diplomatic correspondence.

Non-state Actors in the Arctic Region

Author : Nikolas Sellheim,Dwayne Ryan Menezes
Publisher : Springer Nature
Page : 333 pages
File Size : 49,9 Mb
Release : 2022-11-10
Category : Science
ISBN : 9783031124594

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Non-state Actors in the Arctic Region by Nikolas Sellheim,Dwayne Ryan Menezes Pdf

This book comprehensively discusses the role that non-state actors play in the Arctic and assesses the normative role of these actors. Beyond any organised forum, there are actors that have a significant impact on the way the Arctic is developed, adjudicated, managed, perceived, presented and represented. This book complements the literature on non-state actors in international law and international security, world politics and international relations and provides a geographical account of their role for the Arctic. The book content is not limited to a specific discipline, but takes into account different approaches to the topic. This means that it contains three types of contributions: research articles, shorter research notes and commentaries. While the research articles constitute the main body of the work, it is also the research notes which provide an insight into issues related to the topic of the book.

Non-Governmental Actors in International Climate Change Law

Author : Marzia Scopelliti
Publisher : Routledge
Page : 117 pages
File Size : 46,7 Mb
Release : 2021-07-28
Category : Law
ISBN : 9781000387124

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Non-Governmental Actors in International Climate Change Law by Marzia Scopelliti Pdf

Focusing on how to improve the participation of non-governmental actors in the making of international climate change laws, this book is a conversation on the relevance of a human rights-based approach to international climate change law-making. The book considers a possible reform of the United Nations Framework Convention on Climate Change institutional arrangement, inspired by the practice and model of participation of Arctic Indigenous Peoples in the Arctic Council. Different non-State entities play a fundamental role in the development and enforcement of the climate change regime by enhancing the knowledge base of decision-making, keeping States in line with their commitments, and engaging in private initiatives aimed at mitigating the impacts of global warming. Albeit non-governmental and subnational actors increasingly work alongside States in the making of a climate change regime, the category of observers through which they participate in intergovernmental negotiations only gives them limited rights and their participation in international norm-making has at times been impaired. The relevance of a human rights-based approach consists in recognising the status of individuals and groups as rights-holders under human rights law, a paradigm that was first established by Arctic Indigenous Peoples when claiming their participatory rights in the Arctic Council, the main forum of governance of the Arctic region. This book argues that, in the absence of a globally binding treaty regulating procedural rights in intergovernmental negotiations, the emerging relationship between human rights and climate change could serve as a legal basis for the enhancement of non-governmental actors’ procedural rights, establishing the right to participation as a right in itself and which can benefit the governance of climate change. Due to the relevance of the addressed subject, the book is destined to a broad readership and will be of use to academic researchers, law practitioners, policy-makers and non-governmental organisations’ representatives.