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The South China Sea Award: Prompting a Revived Interest in the Validity of Canada’s Historic Internal Waters Claim? 南海裁决:促使人们重新关注加拿大历史性内水主张的有效性?
Pub Date : 1900-01-01 DOI: 10.1163/22116427_010010017
K. Singh, Timo Koivurova
In the South China Sea Arbitration 2016, the Tribunal ruled on the criteria to determine the historic status of waters. Historic title claims are exceptional as they create rights and obligations outside the United Nations Convention on the Law of the Sea (UNCLOS). This article examines the Canadian historic title claim to the Northwest Passage in light of the ruling. First, the article will go into the Tribunal’s analysis of the criteria and standard of evidence required for establishing a historic rights/title claim (specifically, China’s claim in the South China Sea). Next, Canada’s claim will be tested against the three general criteria (effective exercise of jurisdiction, passage of time and acquiescence by foreign states). The goal of this article is to highlight the positive and negative aspects of Canada’s historic internal waters claim.
在2016年南海仲裁案中,仲裁庭对确定海域历史地位的标准作出了裁决。历史性所有权主张是特殊的,因为它们在《联合国海洋法公约》(UNCLOS)之外创造了权利和义务。本文考察了加拿大历史上对西北航道的所有权主张。首先,本文将介绍仲裁庭对建立历史性权利/所有权要求(特别是中国在南中国海的主张)所需的证据标准和标准的分析。接下来,加拿大的主张将根据三个一般标准(有效行使管辖权、时间流逝和外国默许)进行检验。本文的目的是突出加拿大历史内水主张的积极和消极方面。
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引用次数: 1
Digital Language Divide in the European High North: The Level of Online Presence of Minority Languages from Northern Finland, Norway and Sweden 欧洲高北地区的数字语言鸿沟:芬兰北部、挪威和瑞典少数民族语言的在线存在水平
Pub Date : 1900-01-01 DOI: 10.1163/22116427_010010012
Marcin Dymet
One of the inequalities generated by the introduction of information and communication technologies (ICTs) is the digital language divide, that is, differences in the online presence of languages and unequal access to information due to the lack of understanding of the available content. The digital language divide is particularly visible in the case of small languages with a low number of speakers. There is a large group of languages with non-existent or irrelevant online presence. This is often the case of the endangered minority languages. The number of language speakers or the level of knowledge of a given language is not sufficient to generate a vital online community.This article presents the current language situation in the European High North with a focus on minority languages: Sámi and Meänkieli languages in Sweden, Sámi and Kven languages in Norway, and Sámi languages in Finland. It also introduces the phenomenon of digital language divide. The article explores the current situation of the minority languages in the European High North in light of their online presence. It responds to the following questions: Is there online presence of the studied minority languages? Is there a need amongst the minorities’ members for more extensive presence? To conclude, the article discusses the possible effects of a language’s underrepresentation.
信息通信技术(ict)的引入所产生的不平等之一是数字语言鸿沟,即在线语言存在的差异以及由于对可用内容缺乏了解而导致的信息获取不平等。数字语言鸿沟在使用人数较少的小型语言中尤为明显。有一大群语言在网上不存在或不相关。濒危的少数民族语言往往就是这种情况。语言使用者的数量或某种语言的知识水平不足以形成一个重要的在线社区。本文介绍了欧洲高北地区的语言现状,重点关注少数民族语言:瑞典的Sámi和Meänkieli语言,挪威的Sámi和Kven语言,芬兰的Sámi语言。并介绍了数字语言鸿沟现象。这篇文章探讨了欧洲高北地区少数民族语言在网络上的现状。它回答了以下问题:网上是否存在被研究的少数民族语言?少数民族成员是否需要更广泛的存在?最后,本文讨论了语言代表性不足可能产生的影响。
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引用次数: 4
Nordic Cooperation at a Crossroads 处于十字路口的北欧合作
Pub Date : 1900-01-01 DOI: 10.1163/22116427_010010007
Matti Niemivuo, L. Viikari
Cooperation among the Nordic countries has been a modest affair since Finland and Sweden joined the EU in 1995. In particular, one can cite the decline in what previously was robust collaboration in law-making. Moreover, no new important conventions have been concluded among the countries in the 2000s.The article argues that Nordic cooperation is at a crossroads. Many external and internal threats urge increased cooperation, such as the crisis in the EU following Brexit, the influx of asylum seekers, increased tension in the Baltic Sea, and the erosion of the Nordic welfare state. The particular threats and opportunities in the Nordic countries’ Arctic regions also signal a need for more intense cooperation. This is easier said than done, however, because the western Nordic states (Denmark, Iceland and Norway) differ in terms of legal system and security policy from the eastern ones (Finland and Sweden). An additional consideration is that Iceland and Norway do not belong to the EU; instead of membership they take part in economic integration as members of the Economic European Area.After an introduction, the article provides a succinct account of the development of Nordic cooperation from before the Second World War to the present day. The third section then goes on to discuss Nordic cooperation in different areas of law and government. This is followed by an analysis of the conventions concluded among the Nordic countries and how well they have functioned. Continuing with a salient and illustrative example, the article goes on to examine and assess the attempts to draft a Nordic Saami Convention, an instrument that would apply to Saami living in Finland, Norway and Sweden.In closing, the article evaluates the future prospects for Nordic cooperation in the form of collaborative law-making and conventions. Both seem to be rather difficult ways forward at the moment. One means for enhancing cooperation would be to improve the exchange of information. Encouraging examples in this regard are the Nordic Lawyers’ Conference, held in August 2017 in Helsinki, and the centenary meeting of the Nordic Federation of Public Administration, organised in 2018 in Iceland. An additional area that may have some potential for furthering cooperation is soft law.
自1995年芬兰和瑞典加入欧盟以来,北欧国家之间的合作一直很低调。特别值得一提的是,以前在立法过程中强有力的合作正在减少。此外,在2000年代,各国之间没有缔结新的重要公约。文章认为,北欧合作正处于十字路口。许多外部和内部威胁促使各国加强合作,例如英国脱欧后的欧盟危机、寻求庇护者的涌入、波罗的海紧张局势加剧,以及北欧福利国家的衰落。北欧国家北极地区的特殊威胁和机遇也表明需要进行更密切的合作。然而,说起来容易做起来难,因为北欧西部国家(丹麦、冰岛和挪威)在法律体系和安全政策方面与东部国家(芬兰和瑞典)不同。另一个需要考虑的问题是,冰岛和挪威不属于欧盟;他们不是成员国,而是作为欧洲经济区的成员参与经济一体化。在引言之后,文章简要叙述了从第二次世界大战之前到现在北欧合作的发展。第三部分接着讨论北欧在法律和政府不同领域的合作。然后分析北欧国家之间缔结的公约及其发挥作用的情况。这篇文章继续举出一个突出和说明性的例子,审查和评价起草一项北欧萨米人公约的努力,这项公约将适用于居住在芬兰、挪威和瑞典的萨米人。最后,本文以合作立法和公约的形式评估了北欧合作的未来前景。目前看来,这两条路都很难走。加强合作的一种手段是改进信息交流。在这方面,2017年8月在赫尔辛基举行的北欧律师大会和2018年在冰岛举办的北欧公共行政联合会百年会议是令人鼓舞的例子。另一个可能有进一步合作潜力的领域是软法律。
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引用次数: 0
The Interconnectedness of Digitalisation and Human Security in the European High North: Cybersecurity Conceptualised through the Human Security Lens 欧洲高北部地区数字化与人类安全的相互联系:通过人类安全镜头概念化的网络安全
Pub Date : 1900-01-01 DOI: 10.1163/22116427_010010014
Gerald Zojer
Digitalisation has increased rapidly in recent decades, and became integral part of the development agenda of most states. The development of cyberspace has led to numerous opportunities for human development, but it also has presented certain challenges to societies. In acknowledging the importance of digital technologies, many states have endorsed strategies for digital development and cybersecurity. Because these strategies are often state-centric, techno-deterministic, and simplistic, they disregard the interconnectedness and complexity of the opportunities and challenges these technologies can entail in a region-specific context.This paper argues that the human security framework may be applied to analyse and study the region-specific implications of digitalisation. The multidimensional and comprehensive human security approach includes state-centric concerns as well as the needs and fears of people and communities in a specific region. Moreover, the human security framework enables the local population to voice their concerns. The insights that the human security approach offers could contribute to developing meaningful and targeted policies that address the concerns of people and communities in specific regions. The paper uses the argument on the European High North as a case study to show that digitalisation has region specific impacts and how digitalisation is interrelated with human security.
近几十年来,数字化发展迅速,已成为大多数国家发展议程的重要组成部分。网络空间的发展给人类发展带来了许多机遇,但也给社会带来了一些挑战。由于认识到数字技术的重要性,许多国家都认可了数字发展和网络安全战略。由于这些战略往往以国家为中心、技术确定性和简单化,它们忽视了这些技术在特定区域背景下可能带来的机遇和挑战的相互关联性和复杂性。本文认为,人类安全框架可以应用于分析和研究数字化的区域特定影响。多维和全面的人类安全办法包括以国家为中心的关切以及特定区域人民和社区的需要和恐惧。此外,人类安全框架使当地人民能够表达他们的关切。人的安全办法提供的见解可以有助于制定有意义和有针对性的政策,解决特定区域人民和社区的关切问题。本文以欧洲高北地区的论点为案例研究,表明数字化具有区域特定影响,以及数字化如何与人类安全相关联。
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引用次数: 11
Developing an Iranian Antarctic Science Roadmap: A Legal and Policy Outlook 制定伊朗南极科学路线图:法律和政策展望
Pub Date : 1900-01-01 DOI: 10.1163/22116427_010010021
Zia E. Madani, J. Jabour
The Antarctic offers unique opportunities to scientists in many disciplines for improving understanding of regional and global conditions. The governing Antarctic Treaty has 53 State Parties, many of which do not have geographical proximity to the continent. However, the importance of various disciplines of science and many other factors, urge them to participate in the Antarctic scientific activities. Therefore, it is not surprising that Iran is considering participation in Antarctic scientific research, and it has now set processes in motion to join these states in their endeavour to undertake research in Antarctica and contribute to its governance. Iran will develop a strategic plan prior to the commencement of its Antarctic activities, outlining its vision and objectives of an Antarctic program, as well as the financial and logistical implications, and is currently undertaking preparatory work that will culminate in the drafting of an Antarctic strategic plan. In doing so, the authors examined a number of factors including ones that could be identified in Antarctic law and policy as influencing the status and development of the existing Antarctic regime, the recent Antarctic Treaty States’ accession processes and strategies, the express or implied motivations for States to join the Antarctic Treaty, and generally the Antarctic Treaty System, all of which can be reached based on the aforementioned examination that can be incorporated in an Iranian Antarctic science roadmap.
南极为许多学科的科学家提供了独特的机会,以增进对区域和全球条件的了解。现行的《南极条约》有53个缔约国,其中许多缔约国在地理上并不靠近南极大陆。然而,各学科科学的重要性和其他许多因素,促使他们参加南极科学活动。因此,伊朗正在考虑参加南极科学研究是不足为奇的,它现在已经启动了进程,加入这些国家在南极洲进行研究并为其治理作出贡献的努力。伊朗将在其南极活动开始之前制定一项战略计划,概述其南极计划的愿景和目标,以及财政和后勤影响,目前正在进行准备工作,最终将起草一项南极战略计划。在此过程中,作者审查了若干因素,包括在南极法律和政策中可以确定的影响现有南极制度的地位和发展的因素、最近《南极条约》国家的加入进程和战略、各国加入《南极条约》和一般的《南极条约系统》的明示或默示动机。所有这些都可以通过上述审查来实现,这些审查可以纳入伊朗的南极科学路线图。
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引用次数: 2
Arctic Governance and China’s First Arctic Policy: An UNCLOS Perspective 《联合国海洋法公约》视角下的北极治理与中国首个北极政策
Pub Date : 1900-01-01 DOI: 10.1163/22116427_010010016
Xueping Li
Unique geological and geographical characteristics and immense economic potential have made Arctic governance an issue of global attraction, as evidenced by China’s recently published first Arctic policy. One important part of Arctic governance is the UNCLOS, and China has to evaluate its Arctic involvement from the perspective of this treaty. While a number factors motivate China’s Arctic interests, the contemporary legal regime of Arctic governance is focused on respect for the sovereignty and sovereign rights of the Arctic States as well as the UNCLOS principles. On its journey to Arctic governance, China must comprehensively elaborate on its legal choices by thinking more carefully of the UNCLOS in order to reply to the comments or criticism from other countries.
独特的地质地理特征和巨大的经济潜力使北极治理成为一个具有全球吸引力的问题,中国最近发布的首份北极政策就是证明。《联合国海洋法公约》是北极治理的重要组成部分,中国必须从这个条约的角度来评估自己的北极参与。虽然中国的北极利益受到诸多因素的推动,但当代北极治理的法律制度的重点是尊重北极国家的主权和主权权利以及《联合国海洋法公约》的原则。在北极治理的道路上,中国必须全面阐述自己的法律选择,更仔细地思考《联合国海洋法公约》,以回应其他国家的评论或批评。
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引用次数: 1
The Evolving Information-Based Society and Its Influence on Traditional Culture: Framing Community Culture and Human Security of the Sámi in the European High North 信息社会的演变及其对传统文化的影响:构建欧洲高北部Sámi地区的社区文化与人类安全
Pub Date : 1900-01-01 DOI: 10.1163/22116427_010010013
Kamrul Hossain
This article examines challenges and opportunities resulting from the rapid expansion of information and communication technology (ICT), through their impacts on the traditional culture of a given community. The expansion of ICT extends to all spheres of our lives, and makes society globally-oriented, which has provided opportunities for communities located in remote regions to stay connected and participate in global issues, as well as to take advantage of new innovations, in a virtual environment. However, these developments have also resulted in tensions when considered from the perspective of maintaining fundamental values traditionally held by a community. These fundamental values are often developed from traditionally practiced social norms which, at times, are transformed to adapt to a new cultural reality in response to, for example, information-based technological development. Such developments may generate concern that information-based societal development will negatively influence the traditions and culture of communities, and indigenous communities in particular. These concerns suggest that the introduction of an invasive culture will affect the established community and their culture, who build their identity based on traditional norms. Many indigenous communities, whose identities are founded in nature-based traditional practices, are arguably afraid of losing their cultural values as a result of new information-based societal development. It is based on this premise that the following article considers the Sámi indigenous community of the European High North (EHN) as case study, to argue that culture is a transformational, and not a static, element in any given society; it highlights that information-based cultural development and traditional norms can be mutually re-enforcing. The article argues that culture should be viewed holistically, and that the integration of information-based societal development within traditional culture and identity contribute to cultural modernisation.
本文探讨了信息和通信技术(ICT)的迅速发展所带来的挑战和机遇,以及它们对特定社区传统文化的影响。信息通信技术的发展延伸到我们生活的各个领域,使社会面向全球,这为偏远地区的社区提供了在虚拟环境中保持联系、参与全球问题以及利用新创新的机会。然而,从维护一个社区传统上持有的基本价值的角度来看,这些事态发展也造成了紧张局势。这些基本价值观往往是从传统的社会规范发展而来,这些社会规范有时会根据例如基于信息的技术发展而改变,以适应新的文化现实。这种发展可能引起关注,即基于信息的社会发展将对社区、特别是土著社区的传统和文化产生负面影响。这些担忧表明,侵入性文化的引入将影响已建立的社区及其文化,他们在传统规范的基础上建立自己的身份。许多土著社区的身份建立在以自然为基础的传统习俗中,可以说,他们害怕由于新的以信息为基础的社会发展而失去其文化价值。正是基于这一前提,以下文章以Sámi欧洲高北(EHN)的土著社区为案例研究,认为文化在任何给定的社会中都是一种变革,而不是静态的元素;它强调以信息为基础的文化发展和传统规范可以相互促进。本文认为,文化应该被整体地看待,传统文化和身份认同中信息化社会发展的整合有助于文化现代化。
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引用次数: 5
Environmental Governance of the Arctic: Next Steps – Diverse, Compatible, Needed 北极环境治理:下一步——多样化、兼容、必要
Pub Date : 1900-01-01 DOI: 10.1163/22116427_010010011
J. Dimento, Christine Schrottenbaum, Elizabeth Taylor
The urgency of applying effective legal strategies to respond to environmental change in the Arctic is ever more apparent. The existing framework for environmental governance has matured and its constituents are numerous, and many are promising. However, policymakers and other stakeholders contend that new approaches to confronting environmental conditions, including mitigation of climate change and adapting to it, are needed. Many ideas have been offered; they range considerably in their assessment of what changes are needed and by when. Here we briefly describe the cluster of constituents of environmental governance, the international environmental regime, of the Arctic; we briefly note newly recommended approaches; and we analyse two approaches we consider most promising. These, cooperative scientific-based management strategies and adversarial legal actions, are dissimilar – to the point that some policy makers consider them incompatible. We argue, however, that both are needed and we describe elements of their successful use.
应用有效的法律策略来应对北极环境变化的紧迫性日益明显。现有的环境治理框架已经成熟,其组成部分很多,而且很多都很有希望。然而,决策者和其他利益攸关方认为,需要采取新的方法来应对环境状况,包括减缓和适应气候变化。人们提出了许多想法;他们在评估需要什么改变和什么时候改变方面有很大的差异。在这里,我们简要地描述了北极环境治理的组成部分,即国际环境机制;我们简要介绍了新推荐的方法;我们分析了两种我们认为最有希望的方法。这些基于科学的合作性管理策略和对抗性的法律行动是不同的——以至于一些决策者认为它们是不相容的。然而,我们认为两者都是必要的,我们描述了它们成功使用的要素。
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引用次数: 0
Region Building and Regional Cooperation in Response to Environmental Challenges: A Case Study from the Barents Region 应对环境挑战的区域建设与区域合作:以巴伦支地区为例
Pub Date : 1900-01-01 DOI: 10.1163/22116427_010010008
S. Mackie
During the Cold War, the border between Norway and the Soviet Union was almost completely closed and there were few diplomatic relations between the Arctic regions of northern Europe and the Soviet Union. Within weeks of the end of the Soviet Union, however, the Norwegian government began negotiations over regional cooperation which led to what is now the Barents Euro-Arctic Cooperation.This article argues that one of the significant incentives which led to the formation of the Barents region at the time that the Soviet Union collapsed was the common environmental threats faced by each of the Arctic nations of Europe and northwest Russia. This article considers the sources of the environmental challenges and the work that has been undertaken to tackle those shared threats. It also considers the region building that has taken place as a result of the cooperation which, although it began as a means of solving the environmental threats but has now spread much further with cohesion and cooperation in many other policy areas. The article concludes with a discussion of how this model could be used as a means of encouraging regional cooperation in other parts of the world, particularly in areas where there is a history of conflict or where there are shared environmental concerns.
在冷战期间,挪威和苏联之间的边界几乎完全关闭,北欧的北极地区和苏联之间几乎没有外交关系。然而,在苏联解体后的几周内,挪威政府开始就区域合作进行谈判,这导致了现在的巴伦支欧洲-北极合作。本文认为,在苏联解体时,导致巴伦支地区形成的一个重要动机是欧洲每个北极国家和俄罗斯西北部共同面临的环境威胁。本文考虑了环境挑战的来源以及为解决这些共同威胁所开展的工作。它还审议了由于合作而进行的区域建设,这种合作虽然开始时是作为解决环境威胁的一种手段,但现在已在许多其他政策领域以凝聚力和合作进一步扩大。文章最后讨论了如何将这一模式用作鼓励世界其他地区开展区域合作的手段,特别是在有冲突历史或有共同环境问题的地区。
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引用次数: 0
Research Plan Åland 研究计划Åland
Pub Date : 1900-01-01 DOI: 10.1163/22116427_010010028
G. Lindholm
{"title":"Research Plan Åland","authors":"G. Lindholm","doi":"10.1163/22116427_010010028","DOIUrl":"https://doi.org/10.1163/22116427_010010028","url":null,"abstract":"","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132798184","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}
引用次数: 0
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The Yearbook of Polar Law Online
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