Emerging Legal Orders in the Arctic
Emerging Legal Orders in the Arctic

Author: Akiho Shibata

Publisher: Routledge

Published: 2019-04-11

Total Pages: 266

ISBN-13: 0429865910

DOWNLOAD EBOOK

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
Emerging Legal Orders in the Arctic

Author: Taylor & Francis Group

Publisher: Routledge

Published: 2021-12-13

Total Pages: 302

ISBN-13: 9781032241272

DOWNLOAD EBOOK

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
The Arctic and World Order

Author: Kristina Spohr

Publisher: Brookings Institution Press

Published: 2021-01-26

Total Pages: 426

ISBN-13: 0999740687

DOWNLOAD EBOOK

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.

Non-governmental Actors in International Climate Change Law
Non-governmental Actors in International Climate Change Law

Author: Marzia Scopelliti

Publisher: Routledge

Published: 2022

Total Pages: 0

ISBN-13: 9780367652005

DOWNLOAD EBOOK

Introduction -- International environmental governance and non-governmental actors -- The participation on non-governmental actors in climate change law-making and governance -- Non-governmental actors and a changing climate : learning from Arctic Indigenous peoples -- Climate change litigation : a bottom-up approach to climate change governance -- A human rights-based approach to climate change : improving the participation of non-governmental actors in international climate change law-making -- Concluding remarks-towards a new significance for non-governmental actors in international climate change governance : a proposal for the future.

International Law and the Arctic
International Law and the Arctic

Author: Michael Byers

Publisher: Cambridge University Press

Published: 2013-08

Total Pages: 341

ISBN-13: 1107042755

DOWNLOAD EBOOK

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

Philosophies of Polar Law
Philosophies of Polar Law

Author: Dawid Bunikowski

Publisher: Routledge

Published: 2020-06-08

Total Pages: 154

ISBN-13: 0429865821

DOWNLOAD EBOOK

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.

New Knowledge and Changing Circumstances in the Law of the Sea
New Knowledge and Changing Circumstances in the Law of the Sea

Author: Tomas Heidar

Publisher: BRILL

Published: 2020-09-07

Total Pages: 498

ISBN-13: 9004437754

DOWNLOAD EBOOK

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
The Routledge Handbook of Polar Law

Author: Yoshifumi Tanaka

Publisher: Taylor & Francis

Published: 2023-07-25

Total Pages: 734

ISBN-13: 1000900150

DOWNLOAD EBOOK

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
Handbook on Geopolitics and Security in the Arctic

Author: Joachim Weber

Publisher: Springer Nature

Published: 2020-06-25

Total Pages: 381

ISBN-13: 3030450058

DOWNLOAD EBOOK

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.

Non-Governmental Actors in International Climate Change Law
Non-Governmental Actors in International Climate Change Law

Author: Marzia Scopelliti

Publisher: Routledge

Published: 2021-07-28

Total Pages: 117

ISBN-13: 1000387127

DOWNLOAD EBOOK

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.