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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.
Arctic Science, International Law and Climate Change by Susanne Wasum-Rainer,Ingo Winkelmann,Katrin Tiroch Pdf
Developments in the Arctic region are increasingly part of international discussion. The book contains a comprehensive and interdisciplinary analysis of the current problems around marine scientific research in the Arctic region. It combines scientific, legal and policy aspects. The main questions addressed are: ongoing and future Arctic marine research, marine research in the Arctic Ocean in practice, the legal framework, enlarged continental shelves and the freedom of marine science and particularities and challenges of the Arctic region. The contributors are leading experts in the field of politics, law and science.
Marine Protected Areas in International Law by Ingvild Ulrikke Jakobsen Pdf
Marine Protected Areas in International Law – an Arctic perspective by Ingvild Ulrikke Jakobsen, examines the legal rights and obligations of states under international law using Marine Protected Areas to protect marine biodiversity, with a particular emphasis on the Arctic region.
Offshore Oil and Gas Development in the Arctic under International Law by Rachael Lorna Johnstone Pdf
Offshore Oil and Gas Development in the Arctic under International Law explores the international legal framework for hydrocarbon development in the marine Arctic.
Who actually controls the Northwest Passage? Who owns the trillions of dollars of oil and gas beneath the Arctic Ocean? Which territorial claims will prevail, and why — those of the United States, Russia, Canada, or the Nordic nations? And, in an age of rapid climate change, how do we protect the fragile Arctic environment while seizing the economic opportunities presented by the rapidly melting sea-ice? Michael Byers, a leading Arctic expert and international lawyer clearly and concisely explains the sometimes contradictory rules governing the division and protection of the Arctic and the disputes over the region that still need to be resolved. What emerges is a vision for the Arctic in which cooperation, not conflict, prevails and where the sovereignty of individual nations is exercised for the benefit of all. This insightful little book is an informed primer for today's most pressing territorial issue.
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.
International Relations and the Arctic: Understanding Policy and Governance by Robert W. Murray,Anita Dey Nuttall Pdf
Increased global interest in the Arctic poses challenges to contemporary international relations and many questions surround exactly why and how Arctic countries are asserting their influence and claims over their northern reaches and why and how non-Arctic states are turning their attention to the region. Despite the inescapable reality in the growth of interest in the Arctic, relatively little analysis on the international relations aspects of such interest has been done. Traditionally, international relations studies are focused on particular aspects of Arctic relations, but to date there has been no comprehensive effort to explain the region as a whole. Literature on Arctic politics is mostly dedicated to issues such as development, the environment and climate change, or indigenous populations. International relations, traditionally interested in national and international security, has been mostly silent in its engagement with Arctic politics. Essential concepts such as security, sovereignty, institutions, and norms are all key aspects of what is transpiring in the Arctic, and deserve to be explained in order to better comprehend exactly why the Arctic is of such interest. The sheer number of states and organizations currently involved in Arctic international relations make the region a prime case study for scholars, policymakers and interested observers. In this first systematic study of Arctic international relations, Robert W. Murray and Anita Dey Nuttall have brought together a group of the world's leading experts in Arctic affairs to demonstrate the multifaceted and essential nature of circumpolar politics. This book is core reading for political scientists, historians, anthropologists, geographers and any other observer interested in the politics of the Arctic region.
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.
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.
Canada's Arctic Waters in International Law by Donat Pharand Pdf
An examination of the legal regime applicable to the waters of the Canadian arctic archipelago. Divided into four sections: 1) The waters of the Canadian arctic archipelago and the sector theory; 2) The waters of the Canadian arctic archipelago as historic waters; 3) The waters of the Canadian arctic archipelago and straight baselines; 4) The waters of the Canadian arctic archipelago and the Northwest Passage.
Canada's Arctic Waters in International Law by Donat Pharand Pdf
An examination of the legal regime applicable to the waters of the Canadian arctic archipelago. Divided into four sections: 1) The waters of the Canadian arctic archipelago and the sector theory; 2) The waters of the Canadian arctic archipelago as historic waters; 3) The waters of the Canadian arctic archipelago and straight baselines; 4) The waters of the Canadian arctic archipelago and the Northwest Passage.
Research Handbook on Polar Law by Karen N. Scott,David L. VanderZwaag Pdf
This timely Research Handbook explores the concept of polar law as a coherent body of law and as a set of rules and principles that applies to both the Arctic and Antarctic. It captures the evolution of polar law and policy, identifying future directions for research in this emerging and growing field.
In Canada's Eastern Arctic and Greenland, the Inuit have been the majority for centuries. In recent years, they have been given a promise from Canadian and Danish governments that offers them more responsibility for their lands and thus control over their lives without fear of being outnumbered by outsiders. The Arctic Promise looks at how much the Inuit vision of self-governance relates to the existing public governance systems of Greenland and Nunavut, and how much autonomy there can be for territories that remain subordinate units of larger states. By means of a bottom-up approach involving cultural immersion, contextual, jurisprudential, and historical legal comparisons of Greenland and Nunavut, The Arctic Promise examines the forms, evolution, and scope of the right to autonomy in these Arctic jurisdictions. Loukacheva argues that the right to autonomy should encompass or protect Inuit jurisdiction in legal systems and the administration of justice, and should allow the Inuit direct participation in international affairs where issues that affect their homelands are concerned. The Arctic Promise deals with areas of comparative constitutional law, international law, Aboriginal law, legal anthropology, political science, and international relations, using each to contribute to the understanding of the right to indigenous autonomy.