Pub Date : 2022-04-19DOI: 10.1163/22116427_013010002
Gudmundur S. Alfredsson
The website of the Arctic Council rather proudly refers to the designation of Indigenous peoples as ‘permanent participants’ in the Council’s work as a unique feature, but some Indigenous leaders are less than fully satisfied. In this article it is argued that this arrangement in significant ways falls behind the role of Indigenous peoples in the United Nations, in particular its human rights and environment programs. Drawing on this comparison, the article concludes with placing a few suggestions before the Arctic Council.
{"title":"Indigenous Peoples in the Arctic Council: A Unique Feature?","authors":"Gudmundur S. Alfredsson","doi":"10.1163/22116427_013010002","DOIUrl":"https://doi.org/10.1163/22116427_013010002","url":null,"abstract":"\u0000The website of the Arctic Council rather proudly refers to the designation of Indigenous peoples as ‘permanent participants’ in the Council’s work as a unique feature, but some Indigenous leaders are less than fully satisfied. In this article it is argued that this arrangement in significant ways falls behind the role of Indigenous peoples in the United Nations, in particular its human rights and environment programs. Drawing on this comparison, the article concludes with placing a few suggestions before the Arctic Council.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"338 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134016994","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 : 2022-04-19DOI: 10.1163/22116427_013010019
K. Singh
{"title":"Protecting the Third Pole, written by Simon Marsden","authors":"K. Singh","doi":"10.1163/22116427_013010019","DOIUrl":"https://doi.org/10.1163/22116427_013010019","url":null,"abstract":"","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125819823","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 : 2022-04-19DOI: 10.1163/22116427_013010004
R. Westrate, S. Mackie
Arctic Indigenous communities have faced, and overcome, threats to their lifestyles, livelihoods and communities for thousands of years and in doing so have maintained communities with deep cultural roots and close connections to the land on which they live. Modern Arctic Indigenous communities also face threats to their existence. These threats range from the environmental impacts of climate change forcing wholescale relocation of an entire village to noise from oil and gas exploration causing the relocation of the whale migration out of reach of hunters. The article examines the concept of resilience and the role which governance can play in promoting the resilience of Arctic communities, and therefore their ability not only to survive but also to thrive. The article develops a theory of resilience, dividing types of resilience into in-situ and ex-situ resilience to allow the comparison of seemingly disparate examples. Through the use of a systematic comparative case analysis technique, the article explores the lessons which can be learned about the role of good governance in ensuring the promotion of resilience in Arctic communities in the future.
{"title":"The Role of Governance in Promoting the Resilience of Arctic Communities","authors":"R. Westrate, S. Mackie","doi":"10.1163/22116427_013010004","DOIUrl":"https://doi.org/10.1163/22116427_013010004","url":null,"abstract":"\u0000Arctic Indigenous communities have faced, and overcome, threats to their lifestyles, livelihoods and communities for thousands of years and in doing so have maintained communities with deep cultural roots and close connections to the land on which they live. Modern Arctic Indigenous communities also face threats to their existence. These threats range from the environmental impacts of climate change forcing wholescale relocation of an entire village to noise from oil and gas exploration causing the relocation of the whale migration out of reach of hunters.\u0000The article examines the concept of resilience and the role which governance can play in promoting the resilience of Arctic communities, and therefore their ability not only to survive but also to thrive. The article develops a theory of resilience, dividing types of resilience into in-situ and ex-situ resilience to allow the comparison of seemingly disparate examples. Through the use of a systematic comparative case analysis technique, the article explores the lessons which can be learned about the role of good governance in ensuring the promotion of resilience in Arctic communities in the future.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117286940","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 : 2022-04-19DOI: 10.1163/22116427_013010015
Medy Dervovic
Addressing climate change effectively and efficiently requires a more in-depth understanding of its impacts and the interrelationships between climate patterns around the world. Given the magnitude of climatic and oceanic changes in the Arctic, marine scientific research in this region is of particular interest to humankind as it would improve mitigation and remediation strategies. The application of the Common Heritage and Common Concern of Humankind principles to Arctic Science aims at enhancing international scientific cooperation in the Arctic and generalizing the sharing of Arctic Scientific Data and Results. Despite exhibiting inherent conceptual limitations, both concepts show potential to legally and inclusively frame the Sharing of Arctic Science for the benefit of humankind. Moreover, this application contributes to the debate on a sui generis concept reflecting the need to face future challenges of climate change for the sake of humankind.
{"title":"Sharing Arctic Science: Applying the Common Heritage and Common Concern of Humankind in the Arctic","authors":"Medy Dervovic","doi":"10.1163/22116427_013010015","DOIUrl":"https://doi.org/10.1163/22116427_013010015","url":null,"abstract":"\u0000 Addressing climate change effectively and efficiently requires a more in-depth understanding of its impacts and the interrelationships between climate patterns around the world. Given the magnitude of climatic and oceanic changes in the Arctic, marine scientific research in this region is of particular interest to humankind as it would improve mitigation and remediation strategies. The application of the Common Heritage and Common Concern of Humankind principles to Arctic Science aims at enhancing international scientific cooperation in the Arctic and generalizing the sharing of Arctic Scientific Data and Results. Despite exhibiting inherent conceptual limitations, both concepts show potential to legally and inclusively frame the Sharing of Arctic Science for the benefit of humankind. Moreover, this application contributes to the debate on a sui generis concept reflecting the need to face future challenges of climate change for the sake of humankind.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125374597","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 : 2022-04-19DOI: 10.1163/22116427_013010016
M. Seta
As indicated in Goal 14 of the Sustainable Development Goals, the international community tackles marine biodiversity and ecosystem conservation. However, the information on such biodiversity and ecosystems is limited compared to terrestrial conservation. Therefore, global ocean governance needs to acquire such knowledge and situate this knowledge into the decision-making process. In more recent contexts, the scientific approach is gaining acceptance. Meanwhile, the international movement towards human rights protection has gained strength and respect for diversity has also been confirmed. In this tendency, it is natural that the international community seeks to incorporate the ecological knowledge derived from the experience of various actors, so-called Traditional Ecological Knowledge (TEK), into the global ocean governance. This tendency is quite strong in the Arctic, where scientific evidence has not accumulated, and many people live with TEK. Therefore, the framework to harmonise science with TEK in the Arctic Ocean is a worthy model for the rest of waters in the globe. For this purpose, the paper examined three agreements: the Agreement on Enhancing International Arctic Scientific Co-operation (Science Agreement), the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (CAOFA), and the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ) Agreement, a universal treaty.
{"title":"Incorporating Traditional Ecological Knowledge into Science under the Law of the Sea via the Arctic Ocean Governance","authors":"M. Seta","doi":"10.1163/22116427_013010016","DOIUrl":"https://doi.org/10.1163/22116427_013010016","url":null,"abstract":"\u0000 As indicated in Goal 14 of the Sustainable Development Goals, the international community tackles marine biodiversity and ecosystem conservation. However, the information on such biodiversity and ecosystems is limited compared to terrestrial conservation. Therefore, global ocean governance needs to acquire such knowledge and situate this knowledge into the decision-making process. In more recent contexts, the scientific approach is gaining acceptance. Meanwhile, the international movement towards human rights protection has gained strength and respect for diversity has also been confirmed. In this tendency, it is natural that the international community seeks to incorporate the ecological knowledge derived from the experience of various actors, so-called Traditional Ecological Knowledge (TEK), into the global ocean governance. This tendency is quite strong in the Arctic, where scientific evidence has not accumulated, and many people live with TEK. Therefore, the framework to harmonise science with TEK in the Arctic Ocean is a worthy model for the rest of waters in the globe. For this purpose, the paper examined three agreements: the Agreement on Enhancing International Arctic Scientific Co-operation (Science Agreement), the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (CAOFA), and the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ) Agreement, a universal treaty.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124119979","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 : 2022-04-19DOI: 10.1163/22116427_013010014
K. Nishimoto
The negotiations on the development of an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (“BBNJ Agreement”) could have a major impact on the governance of the Central Arctic Ocean, depending on how the BBNJ Agreement structures its relationship with relevant regional instruments, frameworks, and bodies, and whether the agreement will recognise any special rights or interests for ‘adjacent States’ in the governance of areas beyond national jurisdiction. Given the regulatory gaps in Arctic Ocean governance, the BBNJ Agreement has a potential gap-filling role. The BBNJ process could either stimulate the development of a regional regulatory framework for the CAO or shift the regional approach prevalent in many aspects of Arctic Ocean governance to a more globally oriented approach by adding a global layer of governance.
{"title":"The Impact of the BBNJ Agreement on the Legal Framework for the Governance of the Central Arctic Ocean","authors":"K. Nishimoto","doi":"10.1163/22116427_013010014","DOIUrl":"https://doi.org/10.1163/22116427_013010014","url":null,"abstract":"\u0000 The negotiations on the development of an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (“BBNJ Agreement”) could have a major impact on the governance of the Central Arctic Ocean, depending on how the BBNJ Agreement structures its relationship with relevant regional instruments, frameworks, and bodies, and whether the agreement will recognise any special rights or interests for ‘adjacent States’ in the governance of areas beyond national jurisdiction. Given the regulatory gaps in Arctic Ocean governance, the BBNJ Agreement has a potential gap-filling role. The BBNJ process could either stimulate the development of a regional regulatory framework for the CAO or shift the regional approach prevalent in many aspects of Arctic Ocean governance to a more globally oriented approach by adding a global layer of governance.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128607635","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 : 2022-04-19DOI: 10.1163/22116427_013010010
Ognyan Savov
In terms of international law, States are obliged to abstain from causing significant transboundary harm. Part of this obligation is the enforcement of the polluter-pays principle. Although acknowledged by States, its extraterritorial application is the exception rather than the rule. The purpose of this article is to consider how, in the absence of a regional regime catering for the transboundary pollution victims, the Arctic Ocean littoral States adhere to those obligations while engaged in Arctic Ocean continental shelf oil production.
{"title":"The Polluter-Pays Principle in a Transboundary Context – the Case of Arctic Ocean Continental Shelf Oil Production","authors":"Ognyan Savov","doi":"10.1163/22116427_013010010","DOIUrl":"https://doi.org/10.1163/22116427_013010010","url":null,"abstract":"\u0000In terms of international law, States are obliged to abstain from causing significant transboundary harm. Part of this obligation is the enforcement of the polluter-pays principle. Although acknowledged by States, its extraterritorial application is the exception rather than the rule. The purpose of this article is to consider how, in the absence of a regional regime catering for the transboundary pollution victims, the Arctic Ocean littoral States adhere to those obligations while engaged in Arctic Ocean continental shelf oil production.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"446 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125774342","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 : 2022-04-19DOI: 10.1163/22116427_013010011
C. Flores
Article IV of the Antarctic Treaty has “frozen” the controversies over sovereignty in Antarctica. However, the seven States claiming sovereignty over the continent still have an important role in the Antarctic Treaty System. One of the areas where they show leadership is in environmental protection, which is a pivotal principle of Antarctica’s regime since the adoption of the Environmental Protocol in 1991. Their active role cannot be explained under a Westphalian interpretation of sovereignty, where states have absolute power over the exploitation of their natural resources. Notwithstanding, under a human-based interpretation of sovereignty, the conduct of the Claimant States may have a clearer explanation. This article will look into the practices of the Claimant States over the Antarctic to understand if and how their sovereignty claims may be linked to environmental protection.
{"title":"An Ecological Reading of Sovereignty Claims in Antarctica","authors":"C. Flores","doi":"10.1163/22116427_013010011","DOIUrl":"https://doi.org/10.1163/22116427_013010011","url":null,"abstract":"\u0000 Article IV of the Antarctic Treaty has “frozen” the controversies over sovereignty in Antarctica. However, the seven States claiming sovereignty over the continent still have an important role in the Antarctic Treaty System. One of the areas where they show leadership is in environmental protection, which is a pivotal principle of Antarctica’s regime since the adoption of the Environmental Protocol in 1991. Their active role cannot be explained under a Westphalian interpretation of sovereignty, where states have absolute power over the exploitation of their natural resources. Notwithstanding, under a human-based interpretation of sovereignty, the conduct of the Claimant States may have a clearer explanation.\u0000 This article will look into the practices of the Claimant States over the Antarctic to understand if and how their sovereignty claims may be linked to environmental protection.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"29 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131069845","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 : 2020-12-13DOI: 10.1163/22116427_012010016
B. Zellen
Successful collaboration between the indigenous peoples and the sovereign states of Arctic North America has helped to stabilise the Arctic region, fostering meaningful indigenous participation in the governance of their homeland, the introduction of new institutions of self-governance at the municipal, tribal and territorial levels, and successful diplomatic collaborations at the international level through the Arctic Council. This stability and the reciprocal and increasingly balanced relationship between sovereign states and indigenous stakeholders has yielded a widely recognised spirit of international collaboration often referred to as Arctic exceptionalism. With competition in the Arctic between states on the rise, the multitude of co-management systems and the multi-level, inter-governmental and inter-organisational relationships they have nurtured across the region will help to neutralise new threats to ‘Arctic Exceptionalism’ posed by intensifying inter-state tensions.
{"title":"Global Co-management and the Emergent Arctic: Opportunities for Engagement and Collaboration between Arctic States, Indigenous Permanent Participants, and Observers on the Arctic Council","authors":"B. Zellen","doi":"10.1163/22116427_012010016","DOIUrl":"https://doi.org/10.1163/22116427_012010016","url":null,"abstract":"Successful collaboration between the indigenous peoples and the sovereign states of Arctic North America has helped to stabilise the Arctic region, fostering meaningful indigenous participation in the governance of their homeland, the introduction of new institutions of self-governance at the municipal, tribal and territorial levels, and successful diplomatic collaborations at the international level through the Arctic Council. This stability and the reciprocal and increasingly balanced relationship between sovereign states and indigenous stakeholders has yielded a widely recognised spirit of international collaboration often referred to as Arctic exceptionalism. With competition in the Arctic between states on the rise, the multitude of co-management systems and the multi-level, inter-governmental and inter-organisational relationships they have nurtured across the region will help to neutralise new threats to ‘Arctic Exceptionalism’ posed by intensifying inter-state tensions.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123668748","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 : 2020-12-13DOI: 10.1163/22116427_012010022
Anna Petrétei
One of the most current challenges the Sami are facing is the rapid expansion of extractive industries throughout the Arctic region, creating obvious conflicts between states and Sámi people. European High North has already proven to be rich in mineral deposits. Furthermore, it is suggested that the world’s largest remaining untapped gas reserves and undeveloped oil reserves are located in the Arctic. Therefore, there is a growing pressure to conduct extractive industrial activities on the territories important for the Sámi, for instance on reindeer herding areas and reindeer migration routes. The expansion of extractive industrial developments causes significant challenges to the enjoyment of their human rights, unless effective procedural measures are in place to mitigate adverse impacts. The aim of this paper is to explore the possibility of integrating human rights impact assessment (HRIA) in existing license granting mechanisms, to examine how particular companies comply with human rights norms applicable to local and indigenous, and to scrutinise the possibility of these and other Northern mining companies to carry out HRIA in the future. The integration of HRIA would ensure that the special status and interests of Sámi people is properly taken into consideration when planning and implementing extractive industrial projects.
{"title":"Corporate Behaviour towards the Upholding of Human Rights – Exploring the Possibilities of Human Rights Impact Assessment in the Sápmi Region","authors":"Anna Petrétei","doi":"10.1163/22116427_012010022","DOIUrl":"https://doi.org/10.1163/22116427_012010022","url":null,"abstract":"One of the most current challenges the Sami are facing is the rapid expansion of extractive industries throughout the Arctic region, creating obvious conflicts between states and Sámi people. European High North has already proven to be rich in mineral deposits. Furthermore, it is suggested that the world’s largest remaining untapped gas reserves and undeveloped oil reserves are located in the Arctic. Therefore, there is a growing pressure to conduct extractive industrial activities on the territories important for the Sámi, for instance on reindeer herding areas and reindeer migration routes. The expansion of extractive industrial developments causes significant challenges to the enjoyment of their human rights, unless effective procedural measures are in place to mitigate adverse impacts. The aim of this paper is to explore the possibility of integrating human rights impact assessment (HRIA) in existing license granting mechanisms, to examine how particular companies comply with human rights norms applicable to local and indigenous, and to scrutinise the possibility of these and other Northern mining companies to carry out HRIA in the future. The integration of HRIA would ensure that the special status and interests of Sámi people is properly taken into consideration when planning and implementing extractive industrial projects.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116647085","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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