Pub Date : 2020-12-13DOI: 10.1163/22116427_012010017
J. Sigurjónsson
This paper reflects on several aspects of the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean from the standpoint of Iceland, prior to, during and at the conclusion of the negotiations of the Agreement in late 2017. Particular reference is made to UNCLOS and coastal State interests, status of knowledge on the fish stocks and the importance of scientific cooperation which the Agreement facilitates. During the years 2008–2015, the so-called Arctic Five consulted on cooperation in Arctic matters including future management of fisheries in the central Arctic Ocean. These rather exclusive cooperative efforts were criticised by Iceland and other States that felt these matters were to be dealt with in a broader international context. It seems evident that Iceland’s desire to become a full participant in the process during the subsequent years was both based on legal arguments as well as fair and natural geopolitical reasons. Iceland became a participant in the negotiations in December 2015. The final version of the Agreement is a fully fledged platform for coordinating scientific research and it even allows for interim management measures until future regional management framework is in place. In essence, the Agreement can be taken as a regional fisheries management arrangement (RFMA), since most elements of relevance are incorporated in accordance with the 1995 UN Fish Stocks Agreement. The opening of the central Arctic Ocean for fishing is not likely to take place in the nearest future, although the development of sea ice retreat is currently faster than earlier anticipated. While the Agreement is today regarded as being historic due to its precautionary approach, future may prove that it was a timely arrangement in a fast-moving world with dramatic changes taking place in the Arctic Ocean.
{"title":"Some Icelandic Perspectives on the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean","authors":"J. Sigurjónsson","doi":"10.1163/22116427_012010017","DOIUrl":"https://doi.org/10.1163/22116427_012010017","url":null,"abstract":"This paper reflects on several aspects of the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean from the standpoint of Iceland, prior to, during and at the conclusion of the negotiations of the Agreement in late 2017. Particular reference is made to UNCLOS and coastal State interests, status of knowledge on the fish stocks and the importance of scientific cooperation which the Agreement facilitates.\u0000During the years 2008–2015, the so-called Arctic Five consulted on cooperation in Arctic matters including future management of fisheries in the central Arctic Ocean. These rather exclusive cooperative efforts were criticised by Iceland and other States that felt these matters were to be dealt with in a broader international context. It seems evident that Iceland’s desire to become a full participant in the process during the subsequent years was both based on legal arguments as well as fair and natural geopolitical reasons. Iceland became a participant in the negotiations in December 2015.\u0000The final version of the Agreement is a fully fledged platform for coordinating scientific research and it even allows for interim management measures until future regional management framework is in place. In essence, the Agreement can be taken as a regional fisheries management arrangement (RFMA), since most elements of relevance are incorporated in accordance with the 1995 UN Fish Stocks Agreement.\u0000The opening of the central Arctic Ocean for fishing is not likely to take place in the nearest future, although the development of sea ice retreat is currently faster than earlier anticipated. While the Agreement is today regarded as being historic due to its precautionary approach, future may prove that it was a timely arrangement in a fast-moving world with dramatic changes taking place in the Arctic Ocean.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"7 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":"123695764","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_012010005
K. Heinrich
Areas beyond national jurisdiction (ABNJ) are covering nearly two-thirds of the world’s oceans and are rich in biological diversity. These also include the Polar Regions, where marine organisms adapted to extreme environments and led to increased scientific interest and activities, including bioprospecting activities. As a result, marine biodiversity is increasingly threatened. Thus, the Convention on Biodiversity (CBD) was established to ensure the conservation and sustainable use of biodiversity but left ABNJ and bioprospecting activities widely unregulated. In Antarctica, for instance, bioprospecting has raised concerns, and the matter has been discussed since 2002. As a result, the United Nations General Assembly (UNGA) Resolution 69/292 concluded the establishment of a new international legally binding instrument (ILBI) on the conservation and sustainable use of marine biological diversity for ABNJ. However, the inclusion of the Antarctic Treaty Area remains unclear. In light of the current BBNJ negotiations, the Antarctic Treaty Consultative Meeting (ATCM) only acknowledges the Antarctic Treaty System (ATS) as the appropriate framework to regulate these activities in Antarctica. Further, it seems to aim for regulation under the ATS, if at all. Therefore, this paper discusses a solution-based approach for possible regulation of the collection and use of Antarctic marine biodiversity. The negotiations and achievements of the current BBNJ process will be taken into account, as they might provide support for the regulation of these issues in Antarctica and the Southern Ocean.
{"title":"Biological Prospecting in Antarctica – A Solution-Based Approach to Regulating the Collection and Use of Antarctic Marine Biodiversity by Taking the BBNJ Process into Account","authors":"K. Heinrich","doi":"10.1163/22116427_012010005","DOIUrl":"https://doi.org/10.1163/22116427_012010005","url":null,"abstract":"Areas beyond national jurisdiction (ABNJ) are covering nearly two-thirds of the world’s oceans and are rich in biological diversity. These also include the Polar Regions, where marine organisms adapted to extreme environments and led to increased scientific interest and activities, including bioprospecting activities. As a result, marine biodiversity is increasingly threatened. Thus, the Convention on Biodiversity (CBD) was established to ensure the conservation and sustainable use of biodiversity but left ABNJ and bioprospecting activities widely unregulated. In Antarctica, for instance, bioprospecting has raised concerns, and the matter has been discussed since 2002. As a result, the United Nations General Assembly (UNGA) Resolution 69/292 concluded the establishment of a new international legally binding instrument (ILBI) on the conservation and sustainable use of marine biological diversity for ABNJ. However, the inclusion of the Antarctic Treaty Area remains unclear. In light of the current BBNJ negotiations, the Antarctic Treaty Consultative Meeting (ATCM) only acknowledges the Antarctic Treaty System (ATS) as the appropriate framework to regulate these activities in Antarctica. Further, it seems to aim for regulation under the ATS, if at all. Therefore, this paper discusses a solution-based approach for possible regulation of the collection and use of Antarctic marine biodiversity. The negotiations and achievements of the current BBNJ process will be taken into account, as they might provide support for the regulation of these issues in Antarctica and the Southern Ocean.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"173 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":"126945221","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_012010023
Yu Cao
This paper explores the reflections of Utqiaġvik community members on oil companies’ Corporate Social Responsibility (CSR) activities within the region of North Slope, Alaska. The research question is: how have the people of Utqiaġvik responded to the CSR activities of oil companies whose oil extractive industry operations impact the region’s social, economic, and environmental welfare? In particular, this paper seeks to understand why CSR activities sometimes fail to achieve their purported goals. By interviewing residents from the community of Utqiaġvik, this paper obtained perspectives on the impacts of oil development on the local environment and community, bringing to light the limits of current CSR activities, such that this research might provide recommendations for rectifying CSR shortfalls. The argument is: while oil companies’ profit motives tend to restrict the potential of CSR activities, local people should be able to influence the types of CSR activities corporations pursue, given that they experience the local impacts of the industry. The paper concludes by offering recommendations to the oil companies regarding the nature and desired impacts of their CSR activities.
{"title":"Communities’ Reflections on Oil Companies’ Corporate Social Responsibility Activities in Utqiaġvik, Alaska","authors":"Yu Cao","doi":"10.1163/22116427_012010023","DOIUrl":"https://doi.org/10.1163/22116427_012010023","url":null,"abstract":"This paper explores the reflections of Utqiaġvik community members on oil companies’ Corporate Social Responsibility (CSR) activities within the region of North Slope, Alaska. The research question is: how have the people of Utqiaġvik responded to the CSR activities of oil companies whose oil extractive industry operations impact the region’s social, economic, and environmental welfare? In particular, this paper seeks to understand why CSR activities sometimes fail to achieve their purported goals. By interviewing residents from the community of Utqiaġvik, this paper obtained perspectives on the impacts of oil development on the local environment and community, bringing to light the limits of current CSR activities, such that this research might provide recommendations for rectifying CSR shortfalls. The argument is: while oil companies’ profit motives tend to restrict the potential of CSR activities, local people should be able to influence the types of CSR activities corporations pursue, given that they experience the local impacts of the industry. The paper concludes by offering recommendations to the oil companies regarding the nature and desired impacts of their CSR activities.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"10 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":"125531152","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_012010028
D. Raheem
{"title":"Nikolas Sellheim, International Marine Mammal Law (Springer 2020) 225 pp. ISBN 978-3-030-35268-4 e-book.","authors":"D. Raheem","doi":"10.1163/22116427_012010028","DOIUrl":"https://doi.org/10.1163/22116427_012010028","url":null,"abstract":"","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"129 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":"114606206","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_012010026
Sohvi Kangasluoma
{"title":"Monica Tennberg, Hanna Lempinen and Susanna Pirnes (eds), Resources, Social and Cultural Sustainabilities in the Arctic (Routledge 2019) 192 pp.","authors":"Sohvi Kangasluoma","doi":"10.1163/22116427_012010026","DOIUrl":"https://doi.org/10.1163/22116427_012010026","url":null,"abstract":"","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"43 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":"114669659","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_012010006
Osamu Inagaki
The purpose of this paper is to explore possible legal issues concerning the Dronning Maud Land Air Network (DROMLAN) under the Antarctic Treaty system. By examining the recent discussion concerning DROMLAN within the Antarctic Treaty Consultative Meeting (ATCM) and relevant State practice, this paper argues that States parties have difficulty in fully complying with the obligations of advanced notice under Article VII (5) of the Antarctic Treaty and Environmental Impact Assessment under Article VIII (2) of the Madrid Protocol for DROMLAN’s operation. Finally, this paper suggests that good communication among relevant States parties and private actors is important for enhancing compliance with these obligations.
{"title":"Legal Issues concerning DROMLAN under the Antarctic Treaty System","authors":"Osamu Inagaki","doi":"10.1163/22116427_012010006","DOIUrl":"https://doi.org/10.1163/22116427_012010006","url":null,"abstract":"The purpose of this paper is to explore possible legal issues concerning the Dronning Maud Land Air Network (DROMLAN) under the Antarctic Treaty system. By examining the recent discussion concerning DROMLAN within the Antarctic Treaty Consultative Meeting (ATCM) and relevant State practice, this paper argues that States parties have difficulty in fully complying with the obligations of advanced notice under Article VII (5) of the Antarctic Treaty and Environmental Impact Assessment under Article VIII (2) of the Madrid Protocol for DROMLAN’s operation. Finally, this paper suggests that good communication among relevant States parties and private actors is important for enhancing compliance with these obligations.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"39 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":"131862017","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 : 2020-04-03DOI: 10.1163/22116427-01101001
Editors The Yearbook of Polar Law Online
{"title":"Preliminary Material","authors":"Editors The Yearbook of Polar Law Online","doi":"10.1163/22116427-01101001","DOIUrl":"https://doi.org/10.1163/22116427-01101001","url":null,"abstract":"","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130029143","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 : 2019-06-06DOI: 10.1163/22116427_010010015
Mirva Salminen
This article introduces cybersecurity in the discussion on security in the European High North in a redefined and refocused form. Instead of scrutinising the technical measures taken to protect the confidentiality, integrity and availability of information in systems and networks (information security) or the criticality of a number of digitally operated infrastructures to the functioning of society (national cybersecurity), it concentrates on the human being. It examines cybersecurity from an individual’s perspective by asking what kind of personal security concerns people may have with regard to digitalisation and how those are or are not present in the discussion on health and social security re-organisation in the Finnish Lapland. The theoretical foundation of this article rests within the human security framework. Individuals living their everyday lives in particular cyber-physical environments are taken as the referent object of security. In the digitalising European High North, multiple aspects of everyday security depend upon cybersecurity, including economic, environmental, and food securities. This article concentrates on health and social security. It examines linkages between the re-organisation of health and social security in Finland and personal security concerns with a particular focus on the case of Länsi-Pohja area in south-western Lapland. The overall aim is to create room for bottom-up influence on the primarily top-down processes of security production in the cyber-physical environment.
{"title":"Refocusing and Redefining Cybersecurity: Individual Security in the Digitalising European High North","authors":"Mirva Salminen","doi":"10.1163/22116427_010010015","DOIUrl":"https://doi.org/10.1163/22116427_010010015","url":null,"abstract":"This article introduces cybersecurity in the discussion on security in the European High North in a redefined and refocused form. Instead of scrutinising the technical measures taken to protect the confidentiality, integrity and availability of information in systems and networks (information security) or the criticality of a number of digitally operated infrastructures to the functioning of society (national cybersecurity), it concentrates on the human being. It examines cybersecurity from an individual’s perspective by asking what kind of personal security concerns people may have with regard to digitalisation and how those are or are not present in the discussion on health and social security re-organisation in the Finnish Lapland.\u0000The theoretical foundation of this article rests within the human security framework. Individuals living their everyday lives in particular cyber-physical environments are taken as the referent object of security. In the digitalising European High North, multiple aspects of everyday security depend upon cybersecurity, including economic, environmental, and food securities. This article concentrates on health and social security. It examines linkages between the re-organisation of health and social security in Finland and personal security concerns with a particular focus on the case of Länsi-Pohja area in south-western Lapland. The overall aim is to create room for bottom-up influence on the primarily top-down processes of security production in the cyber-physical environment.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"142 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132697834","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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