Pub Date : 2023-02-23DOI: 10.1163/22116427_014010011
E. Svensson, Hjálti Ómar Ágústsson, Embla Eir Oddsdóttir
This article takes as its starting-point the Pan-Arctic report on Gender Equality in the Arctic (GEA report) and, in specific, the chapter on law and governance. Its aim is to provide an overview of the report’s chapter on law & governance. It provides a discussion on why gender equality is important in general and more specifically in the Arctic region, followed by a review of the chapter on law and governance and its findings through policy relevant highlights. The report demonstrated that Arctic governance does not prioritise gender equality and, more generally, that the goal of gender equality is not fulfilled within the region. The chapter on law and governance highlights the need for shared gender equality commitments in Arctic public governing bodies and for a gender equality policy for the Arctic Council, including the application of an intersectional approach. Further, that Arctic States should collaborate to incorporate gender into the development of Arctic strategies. Finally, the report’s recommendations, major areas of research interest and the next steps are discussed.
{"title":"The Pan-Arctic Report on Gender Equality in the Arctic: Moving Forward!","authors":"E. Svensson, Hjálti Ómar Ágústsson, Embla Eir Oddsdóttir","doi":"10.1163/22116427_014010011","DOIUrl":"https://doi.org/10.1163/22116427_014010011","url":null,"abstract":"This article takes as its starting-point the Pan-Arctic report on Gender Equality in the Arctic (GEA report) and, in specific, the chapter on law and governance. Its aim is to provide an overview of the report’s chapter on law & governance. It provides a discussion on why gender equality is important in general and more specifically in the Arctic region, followed by a review of the chapter on law and governance and its findings through policy relevant highlights. The report demonstrated that Arctic governance does not prioritise gender equality and, more generally, that the goal of gender equality is not fulfilled within the region. The chapter on law and governance highlights the need for shared gender equality commitments in Arctic public governing bodies and for a gender equality policy for the Arctic Council, including the application of an intersectional approach. Further, that Arctic States should collaborate to incorporate gender into the development of Arctic strategies. Finally, the report’s recommendations, major areas of research interest and the next steps are discussed.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128725647","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-23DOI: 10.1163/22116427_014010005
Apostolos Tsiouvalas
Published in 1950, Carl Schmitt’s Nomos of the Earth has been one of the most influential contributions in legal theory, illustrating inter alia the territorial conceptualization of the Eurocentric global legal order. While the Earth’s nomos has been largely hinged on the constructed ontology of a land-sea dichotomy and the appropriation and division of space through the establishment of sovereignty upon it, this article contends that the particular geomorphology of the Arctic seascape, the multiscalar dynamics of Arctic politics, and the rapid pace of change in the region render the Arctic spatial order rather intricate and may challenge the existing territorial application of state sovereignty. After critically deconstructing the process of territorialization of the Arctic Ocean, the article delves into three conceptual challenges – one ontological, one epistemological, and one technological respectively – pertinent to the juridical imaginary of the ‘Arctic nomos’ engraved by sovereignty, and seeks to expose the limits of the existing regime in place.
{"title":"Recalcitrant Materialities of a Liminal Ocean: Deconstructing the ‘Arctic Nomos’","authors":"Apostolos Tsiouvalas","doi":"10.1163/22116427_014010005","DOIUrl":"https://doi.org/10.1163/22116427_014010005","url":null,"abstract":"Published in 1950, Carl Schmitt’s Nomos of the Earth has been one of the most influential contributions in legal theory, illustrating inter alia the territorial conceptualization of the Eurocentric global legal order. While the Earth’s nomos has been largely hinged on the constructed ontology of a land-sea dichotomy and the appropriation and division of space through the establishment of sovereignty upon it, this article contends that the particular geomorphology of the Arctic seascape, the multiscalar dynamics of Arctic politics, and the rapid pace of change in the region render the Arctic spatial order rather intricate and may challenge the existing territorial application of state sovereignty. After critically deconstructing the process of territorialization of the Arctic Ocean, the article delves into three conceptual challenges – one ontological, one epistemological, and one technological respectively – pertinent to the juridical imaginary of the ‘Arctic nomos’ engraved by sovereignty, and seeks to expose the limits of the existing regime in place.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121766560","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-23DOI: 10.1163/22116427_014010004
A. Sergunin, Akiho Shibata
This study sought to identify the major barriers to the implementation of the Agreement on Enhancing International Arctic Scientific Cooperation (2017) and to uncover ways of facilitating the Agreement that may enhance Russia–Japan scientific cooperation in the High North. The Russia–Japan case exemplifies the difficulties as well as the potentials of the Agreement in enhancing Arctic scientific cooperation between Arctic states and non-Arctic states. Ultimately, the study identified several possible ways to facilitate the Agreement’s implementation. This paper first examines these means within the Agreement’s legal framework; more specifically, it explores how to operationalize the effective review process established under Art.12, utilize the 2000 Japan-Russia bilateral Science and Technology Cooperation Agreement to implement Art.17 on ‘Cooperation with non-Parties’, identify Arctic research projects and infrastructure available under the Agreement, and designate appropriate authorities as contact points under Annex 2 of the Agreement. The paper then examines the potential of linking the Agreement’s implementation with other forums and institutions. In particular, it recognizes the Arctic Council as a platform for enhancing Arctic scientific cooperation and considers how cooperation within various Arctic professional organizations and associations may be revived and how to create synergy between the Agreement and Arctic Science Ministerial processes. This paper’s discussion is largely based on information and political contexts before February 24, 2022, but the concluding section provides a few policy suggestions specific to the implementation of the Agreement in light of the post-Ukraine situation.
{"title":"Implementing the 2017 Arctic Science Cooperation Agreement: Challenges and Opportunities as regards Russia and Japan","authors":"A. Sergunin, Akiho Shibata","doi":"10.1163/22116427_014010004","DOIUrl":"https://doi.org/10.1163/22116427_014010004","url":null,"abstract":"This study sought to identify the major barriers to the implementation of the Agreement on Enhancing International Arctic Scientific Cooperation (2017) and to uncover ways of facilitating the Agreement that may enhance Russia–Japan scientific cooperation in the High North. The Russia–Japan case exemplifies the difficulties as well as the potentials of the Agreement in enhancing Arctic scientific cooperation between Arctic states and non-Arctic states. Ultimately, the study identified several possible ways to facilitate the Agreement’s implementation. This paper first examines these means within the Agreement’s legal framework; more specifically, it explores how to operationalize the effective review process established under Art.12, utilize the 2000 Japan-Russia bilateral Science and Technology Cooperation Agreement to implement Art.17 on ‘Cooperation with non-Parties’, identify Arctic research projects and infrastructure available under the Agreement, and designate appropriate authorities as contact points under Annex 2 of the Agreement. The paper then examines the potential of linking the Agreement’s implementation with other forums and institutions. In particular, it recognizes the Arctic Council as a platform for enhancing Arctic scientific cooperation and considers how cooperation within various Arctic professional organizations and associations may be revived and how to create synergy between the Agreement and Arctic Science Ministerial processes. This paper’s discussion is largely based on information and political contexts before February 24, 2022, but the concluding section provides a few policy suggestions specific to the implementation of the Agreement in light of the post-Ukraine situation.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128821328","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-23DOI: 10.1163/22116427_014010012
K. Heinrich
{"title":"Vito De Lucia, Alex Oude Elferink and Lan Ngoc Nguyen (eds.), International Law and Marine Areas beyond National Jurisdiction – Reflections on Justice, Space, Knowledge and Power, Leiden: Brill, 2022, pp 449. ISBN: 978-90-04-50635-0","authors":"K. Heinrich","doi":"10.1163/22116427_014010012","DOIUrl":"https://doi.org/10.1163/22116427_014010012","url":null,"abstract":"","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134341731","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-23DOI: 10.1163/22116427_014010010
Marcelo Molina Villalobos
The legal process of determining maritime zones is largely dependent upon the drawing of baselines, which in most cases correspond to the low-water line located on the coast of a land territory subject to the sovereignty of a State. In the case of Antarctica, the unique geographic and legal characteristics of the continent make the drawing of baselines an atypically difficult process, thus subsequently hindering the determination and delimitation of maritime zones by States. First, this article summarizes the traditional and continuing legal debate on how to define baselines in the specific context of Antarctica. It will then examine the recent discussions under International Law Association (ILA) and International Law Commission (ILC) on the issue of baselines and sea level rise to analyse their implications, if any, to the Antarctic continent. Said analysis does not intend to provide definitive answers to this long-standing problem, but rather seeks to put into perspective the application of traditional legal theories in highly complex contexts of the Antarctic with its unique legal and geographic indeterminacy and in light of increasing effects of the climate change.
{"title":"Antarctic Maritime Zones in the Era of Climate Change: ILC, ILA and the Long Road Ahead","authors":"Marcelo Molina Villalobos","doi":"10.1163/22116427_014010010","DOIUrl":"https://doi.org/10.1163/22116427_014010010","url":null,"abstract":"The legal process of determining maritime zones is largely dependent upon the drawing of baselines, which in most cases correspond to the low-water line located on the coast of a land territory subject to the sovereignty of a State. In the case of Antarctica, the unique geographic and legal characteristics of the continent make the drawing of baselines an atypically difficult process, thus subsequently hindering the determination and delimitation of maritime zones by States. First, this article summarizes the traditional and continuing legal debate on how to define baselines in the specific context of Antarctica. It will then examine the recent discussions under International Law Association (ILA) and International Law Commission (ILC) on the issue of baselines and sea level rise to analyse their implications, if any, to the Antarctic continent. Said analysis does not intend to provide definitive answers to this long-standing problem, but rather seeks to put into perspective the application of traditional legal theories in highly complex contexts of the Antarctic with its unique legal and geographic indeterminacy and in light of increasing effects of the climate change.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132029235","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-23DOI: 10.1163/22116427_014010008
H. Nielsen, G. Roldán
This paper examines the role of the Antarctic tour guide as the front-line actor in interpreting and enforcing polar policy on the continent. Drawing on interviews with expedition team members, it asks where guides turn for up to date information about sites; where guides see themselves positioned within the structures of Antarctic governance; and how they experience their role as mediators between visitors and the Antarctic environment. Foregrounding the experiences of those who call Antarctica a workplace, the paper also highlights the perceived role of IAATO in the tourism ecosystem, and provides recommendations for how industry, policy-makers and guides can work together to create a more explicit connection between policy and practice in the future.
{"title":"Polar Policy in Practice: Tour Guiding in Antarctica","authors":"H. Nielsen, G. Roldán","doi":"10.1163/22116427_014010008","DOIUrl":"https://doi.org/10.1163/22116427_014010008","url":null,"abstract":"This paper examines the role of the Antarctic tour guide as the front-line actor in interpreting and enforcing polar policy on the continent. Drawing on interviews with expedition team members, it asks where guides turn for up to date information about sites; where guides see themselves positioned within the structures of Antarctic governance; and how they experience their role as mediators between visitors and the Antarctic environment. Foregrounding the experiences of those who call Antarctica a workplace, the paper also highlights the perceived role of IAATO in the tourism ecosystem, and provides recommendations for how industry, policy-makers and guides can work together to create a more explicit connection between policy and practice in the future.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121697353","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-23DOI: 10.1163/22116427_014010002
Gudmundur S. Alfredsson
A delegation from the UN Working Group on Indigenous Populations (WGIP) visited the Ainu of Japan in 1991. After describing the activities undertaken by the WGIP-team and the issues and people encountered, the article goes on to argue in favour of such visits by delegations of intergovernmental and non-governmental organisations and academic institutions, as well as the active use of available fact-finding and monitoring procedures. It is important that such visits result in official reports that receive the widest possible distribution; they should not least reach senior politicians and officials who are often uninformed about the situations facing indigenous peoples in their countries. The report from the WGIP visit to the Ainu in 1991 is annexed to the present article.
{"title":"Country Visits: Report on a Visit to the Ainu and Lessons for the Arctic","authors":"Gudmundur S. Alfredsson","doi":"10.1163/22116427_014010002","DOIUrl":"https://doi.org/10.1163/22116427_014010002","url":null,"abstract":"A delegation from the UN Working Group on Indigenous Populations (WGIP) visited the Ainu of Japan in 1991. After describing the activities undertaken by the WGIP-team and the issues and people encountered, the article goes on to argue in favour of such visits by delegations of intergovernmental and non-governmental organisations and academic institutions, as well as the active use of available fact-finding and monitoring procedures. It is important that such visits result in official reports that receive the widest possible distribution; they should not least reach senior politicians and officials who are often uninformed about the situations facing indigenous peoples in their countries. The report from the WGIP visit to the Ainu in 1991 is annexed to the present article.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131707183","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-23DOI: 10.1163/22116427_014010007
T. Daya-Winterbottom
This paper will critically explore New Zealand’s global trusteeship approach to Antarctica, and the development of guardianship approaches to protecting lakes, harbours, mountains, rivers, and territorial waters. In particular, the paper will examine the growing influence of indigenous claims (including the Ngāi Tahu relationship with the Sub-Antarctic islands) and novel techniques for conferring legal personality on mountains and rivers. The paper will interrogate these themes and provide tentative conclusions for a new approach to Antarctic protection based on legal personality.
{"title":"Legal Personality in Antarctica","authors":"T. Daya-Winterbottom","doi":"10.1163/22116427_014010007","DOIUrl":"https://doi.org/10.1163/22116427_014010007","url":null,"abstract":"This paper will critically explore New Zealand’s global trusteeship approach to Antarctica, and the development of guardianship approaches to protecting lakes, harbours, mountains, rivers, and territorial waters. In particular, the paper will examine the growing influence of indigenous claims (including the Ngāi Tahu relationship with the Sub-Antarctic islands) and novel techniques for conferring legal personality on mountains and rivers. The paper will interrogate these themes and provide tentative conclusions for a new approach to Antarctic protection based on legal personality.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"115 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123458940","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-23DOI: 10.1163/22116427_014010003
Yota Negishi
Indigenous theorists have developed the multi-spatio-temporal accounts of relationality among humans, natures, and animals. In the context of the Arctic, a holistic approach that integrates the indigenous peoples, frozen water, and polar animals is advocated to ensure identity, spirituality, and hydrosocial or cryosocial relations. Such an ontological approach gains importance as the life-threatening phenomenon of climate change is increasingly affecting every aspect of the relationality, happening faster in the Arctic than anywhere on the planet. The adverse effects of climate change on the lives of Arctic indigenous peoples living together with natures and animals pressure us to reconceptualize the meaning of life in constitutional and international law. This paper examines the recent trend to extend the right to life from physical existence to decent existence of indigenous peoples, natures, and animals. It particularly analyses the climate litigations filed by Arctic indigenous peoples, in which they tailor their legal arguments in line with the concept of a dignified life. The author argues that the ontological right to life with dignity not only remedies the vulnerable positions of Arctic indigenous peoples but also corroborates the resilience of their hydrosocial or cryosocial relations with natures and animals.
{"title":"Jus Pro Homine, Natura et Animalis: Dignifying the Right to Life of Arctic Indigenous Peoples","authors":"Yota Negishi","doi":"10.1163/22116427_014010003","DOIUrl":"https://doi.org/10.1163/22116427_014010003","url":null,"abstract":"Indigenous theorists have developed the multi-spatio-temporal accounts of relationality among humans, natures, and animals. In the context of the Arctic, a holistic approach that integrates the indigenous peoples, frozen water, and polar animals is advocated to ensure identity, spirituality, and hydrosocial or cryosocial relations. Such an ontological approach gains importance as the life-threatening phenomenon of climate change is increasingly affecting every aspect of the relationality, happening faster in the Arctic than anywhere on the planet. The adverse effects of climate change on the lives of Arctic indigenous peoples living together with natures and animals pressure us to reconceptualize the meaning of life in constitutional and international law. This paper examines the recent trend to extend the right to life from physical existence to decent existence of indigenous peoples, natures, and animals. It particularly analyses the climate litigations filed by Arctic indigenous peoples, in which they tailor their legal arguments in line with the concept of a dignified life. The author argues that the ontological right to life with dignity not only remedies the vulnerable positions of Arctic indigenous peoples but also corroborates the resilience of their hydrosocial or cryosocial relations with natures and animals.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131602282","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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