Pub Date : 2018-12-08DOI: 10.1163/22116427_009010001
Editors The Yearbook of Polar Law Online
{"title":"Preliminary Material","authors":"Editors The Yearbook of Polar Law Online","doi":"10.1163/22116427_009010001","DOIUrl":"https://doi.org/10.1163/22116427_009010001","url":null,"abstract":"","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132791798","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 : 2018-12-08DOI: 10.1163/22116427_009010010
Yuanyuan Ren, Dana M. Liu
In an era of climate change, economic globalization, and technological innovation, the Arctic region has been increasingly open to competing jurisdictional claims, commercial activities, and outside players. In the meantime, China’s engagement in the Arctic has drawn great attention. While some Arctic commentators are concerned about China as a threat to the region, many Chinese officials and scholars tend to portray China as a “rule-follower” in the Arctic. However, this “rule-follower” image fails to take full account of the evolving nature of Arctic governance and Arctic international law. This paper recasts China’s role in the Arctic. It argues that, to fulfill a “constructive participant” role in Arctic development, China can participate as a rule follower, a constructive challenger, and a keen learner concurrently, depending on the different issue-areas involved.
{"title":"A Rule Follower, a Challenger, or a Learner? Recasting China’s Engagement in the Arctic","authors":"Yuanyuan Ren, Dana M. Liu","doi":"10.1163/22116427_009010010","DOIUrl":"https://doi.org/10.1163/22116427_009010010","url":null,"abstract":"In an era of climate change, economic globalization, and technological innovation, the Arctic region has been increasingly open to competing jurisdictional claims, commercial activities, and outside players. In the meantime, China’s engagement in the Arctic has drawn great attention. While some Arctic commentators are concerned about China as a threat to the region, many Chinese officials and scholars tend to portray China as a “rule-follower” in the Arctic. However, this “rule-follower” image fails to take full account of the evolving nature of Arctic governance and Arctic international law. This paper recasts China’s role in the Arctic. It argues that, to fulfill a “constructive participant” role in Arctic development, China can participate as a rule follower, a constructive challenger, and a keen learner concurrently, depending on the different issue-areas involved.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127734940","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 : 2018-12-08DOI: 10.1163/22116427_009010007
S. Nystėn-Haarala, M. Pappila, Ekaterina Britcyna
This article focuses on the participatory rights of local people living in the areas of extensive oil industry operations in the Izhemskii district of the Komi Republic in Russia. The district has long been suffering from oil leaks and resulting negative environmental impacts. Lukoil-Komi bought the business directly after the Soviet era and inherited the ecological threats related to old and rusty pipelines. Lukoil-Komi has promised to put things in order, but a great deal remains to be done.This article scrutinizes how statutory law and private governance interact in protecting the participatory rights of local people living in the vicinity of oil production in Komi. First, we evaluate what participatory rights Russian legislation guarantees to local people when oil production arrives in a new area or when new wells are being explored or opened. Second, we elaborate how the major oil company in the region – Lukoil-Komi – fulfills its corporate social responsibility (CSR) in the area of participatory rights and how local people feel about their possibility to exercise their participatory rights. As participatory rights, we discuss both procedural justice with public hearings and distributive justice in the form of benefit-sharing between the company and local community. The wider perspective on participation is due to Russian CSR practices. In Russia, companies tend to earn their Social License to Operate (SLO) through benefit-sharing, often within private governance. This practice is based on the social partnership agreements between authorities and companies. These contracts have path-dependent features resembling earlier Soviet solutions. The same can be claimed to apply to a wider SLO with more focus on local communities. We argue that Lukoil-Komi has not yet been able to achieve an SLO (local acceptance) due to the lack of participatory rights and continuing environmental problems. Most local people are not willing to trade a clean environment and participatory rights for the social benefits the company offers. However, the social partnership agreement concluded between Lukoil-Komi and a local NGO, Izvatas, could be a step forward in achieving a local SLO.
{"title":"Extractive Industries and Public Participation in Russia: The Case of the Oil Industry in Izhemskii District, Komi Republic","authors":"S. Nystėn-Haarala, M. Pappila, Ekaterina Britcyna","doi":"10.1163/22116427_009010007","DOIUrl":"https://doi.org/10.1163/22116427_009010007","url":null,"abstract":"This article focuses on the participatory rights of local people living in the areas of extensive oil industry operations in the Izhemskii district of the Komi Republic in Russia. The district has long been suffering from oil leaks and resulting negative environmental impacts. Lukoil-Komi bought the business directly after the Soviet era and inherited the ecological threats related to old and rusty pipelines. Lukoil-Komi has promised to put things in order, but a great deal remains to be done.This article scrutinizes how statutory law and private governance interact in protecting the participatory rights of local people living in the vicinity of oil production in Komi. First, we evaluate what participatory rights Russian legislation guarantees to local people when oil production arrives in a new area or when new wells are being explored or opened. Second, we elaborate how the major oil company in the region – Lukoil-Komi – fulfills its corporate social responsibility (CSR) in the area of participatory rights and how local people feel about their possibility to exercise their participatory rights. As participatory rights, we discuss both procedural justice with public hearings and distributive justice in the form of benefit-sharing between the company and local community. The wider perspective on participation is due to Russian CSR practices. In Russia, companies tend to earn their Social License to Operate (SLO) through benefit-sharing, often within private governance. This practice is based on the social partnership agreements between authorities and companies. These contracts have path-dependent features resembling earlier Soviet solutions. The same can be claimed to apply to a wider SLO with more focus on local communities. We argue that Lukoil-Komi has not yet been able to achieve an SLO (local acceptance) due to the lack of participatory rights and continuing environmental problems. Most local people are not willing to trade a clean environment and participatory rights for the social benefits the company offers. However, the social partnership agreement concluded between Lukoil-Komi and a local NGO, Izvatas, could be a step forward in achieving a local SLO.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"117 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133185973","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 : 2017-02-08DOI: 10.1163/22116427_008010010
K. Svendsen
The article examines the impact of choice-of-law rules in cross-border pollution damage caused by petroleum spills from offshore rigs and installations in the Barents Sea. Norway and Russia share the Barents Sea, and the ocean currents go from West to East. Therefore, the article examines the impact of an oil spill from a Norwegian licensee on the Norwegian side of the Barents Sea on a Russian party harmed by the spill on the Russian side of the Barents Sea. The article shows the procedural hurdles a Russian harmed party would need to jump in order to access Norwegian courts. The question of venue is clear. Lex loci damni is the principle enacted in the Norwegian Petroleum Act. It contains a unilateral extension of protection in delict law to Norwegian interests harmed in Russia, which is not extended to injured Russian parties harmed within the Russian jurisdiction, for situations where the source of harm is located on the Norwegian side of the Barents Sea. An injured Russian party forced to pursue a legal claim against a Norwegian licensee without assets in Russia may receive no compensation because no agreement exists between Norway and Russia regarding recognition and enforcement of foreign court judgments.
{"title":"The Impact of Choice-of-Law Rules in Cross-Border Pollution Damage Caused by Petroleum Spills from Offshore Rigs and Installations: The Case of the Barents Sea","authors":"K. Svendsen","doi":"10.1163/22116427_008010010","DOIUrl":"https://doi.org/10.1163/22116427_008010010","url":null,"abstract":"The article examines the impact of choice-of-law rules in cross-border pollution damage caused by petroleum spills from offshore rigs and installations in the Barents Sea. Norway and Russia share the Barents Sea, and the ocean currents go from West to East. Therefore, the article examines the impact of an oil spill from a Norwegian licensee on the Norwegian side of the Barents Sea on a Russian party harmed by the spill on the Russian side of the Barents Sea. The article shows the procedural hurdles a Russian harmed party would need to jump in order to access Norwegian courts. The question of venue is clear. Lex loci damni is the principle enacted in the Norwegian Petroleum Act. It contains a unilateral extension of protection in delict law to Norwegian interests harmed in Russia, which is not extended to injured Russian parties harmed within the Russian jurisdiction, for situations where the source of harm is located on the Norwegian side of the Barents Sea. An injured Russian party forced to pursue a legal claim against a Norwegian licensee without assets in Russia may receive no compensation because no agreement exists between Norway and Russia regarding recognition and enforcement of foreign court judgments.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125525561","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 : 2017-02-08DOI: 10.1163/22116427_008010002
Harry Badera
{"title":"Tribute to Walt Parker","authors":"Harry Badera","doi":"10.1163/22116427_008010002","DOIUrl":"https://doi.org/10.1163/22116427_008010002","url":null,"abstract":"","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129259411","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 : 2017-02-08DOI: 10.1163/22116427_008010012
Matti Niemivuo, L. Viikari
This article provides an overview of the legal regulation involved in building – and dismantling – the Nordic welfare state in Finland. Within this context this article details how legislative reforms have been reflected in the development of Northern Finland, as well as the effects on the Sami population and a comparison between Nordic countries. The Nordic welfare state was implemented in Finland primarily through parliamentary legislation. Human and fundamental rights played no role in the process of building the welfare state. The beginning of the 1990s marked the end of what had been massive build-up of the public sector. Over the last 20 years or so we have seen cutbacks in municipal services such as schools, healthcare centres, and social services. The future of municipal government in Finland looks very different than it did when the welfare state was being created. We may well be facing a bleak future with weaker municipalities, fewer public services, less state funding for municipalities, less manoeuvring space in relation to the state, and more privatisations. Wise structural reforms might be the way ahead if we want to create functional regional and local governance and thus to guarantee the future of the Nordic welfare state in Finland.
{"title":"The Nordic Welfare State and the Development of Northern Finland","authors":"Matti Niemivuo, L. Viikari","doi":"10.1163/22116427_008010012","DOIUrl":"https://doi.org/10.1163/22116427_008010012","url":null,"abstract":"This article provides an overview of the legal regulation involved in building – and dismantling – the Nordic welfare state in Finland. Within this context this article details how legislative reforms have been reflected in the development of Northern Finland, as well as the effects on the Sami population and a comparison between Nordic countries.\u0000 The Nordic welfare state was implemented in Finland primarily through parliamentary legislation. Human and fundamental rights played no role in the process of building the welfare state. The beginning of the 1990s marked the end of what had been massive build-up of the public sector. Over the last 20 years or so we have seen cutbacks in municipal services such as schools, healthcare centres, and social services.\u0000 The future of municipal government in Finland looks very different than it did when the welfare state was being created. We may well be facing a bleak future with weaker municipalities, fewer public services, less state funding for municipalities, less manoeuvring space in relation to the state, and more privatisations. Wise structural reforms might be the way ahead if we want to create functional regional and local governance and thus to guarantee the future of the Nordic welfare state in Finland.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125606966","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 : 2017-02-08DOI: 10.1163/22116427_008010008
Bent Ole Gram Mortensen, U. Barten
Are the Inuit in Greenland an indigenous people under international law? And what are the consequences of that categorization? This article focuses on the right to self-determination as the Inuit are recognized as an indigenous people; however, the Greenlanders have the explicit right to independence. The article concludes that the Self-Government Act can be regarded as the pitfall for the Inuit as an indigenous people. So far, nobody has fallen in; however, independence may mean an end to the status as an indigenous people. While the law might be considered relatively clear on this, the self-identification as an indigenous people will most likely not stop overnight.
{"title":"The Greenland Self-Government Act: The Pitfall for the Inuit in Greenland to Remain an Indigenous People?","authors":"Bent Ole Gram Mortensen, U. Barten","doi":"10.1163/22116427_008010008","DOIUrl":"https://doi.org/10.1163/22116427_008010008","url":null,"abstract":"Are the Inuit in Greenland an indigenous people under international law? And what are the consequences of that categorization? This article focuses on the right to self-determination as the Inuit are recognized as an indigenous people; however, the Greenlanders have the explicit right to independence. The article concludes that the Self-Government Act can be regarded as the pitfall for the Inuit as an indigenous people. So far, nobody has fallen in; however, independence may mean an end to the status as an indigenous people. While the law might be considered relatively clear on this, the self-identification as an indigenous people will most likely not stop overnight.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126065336","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 : 2017-02-08DOI: 10.1163/22116427_008010005
R. Johnstone
The United Kingdom has a longstanding interest in the Arctic and has recently begun to develop a set of guiding principles for its engagement in the region. Although the UK has a great deal to offer in terms of scientific research and expertise, it is missing an opportunity to engage more fully with issues of importance to the Arctic region.
{"title":"Respectful Neighbourliness: The United Kingdom’s Arctic Approach","authors":"R. Johnstone","doi":"10.1163/22116427_008010005","DOIUrl":"https://doi.org/10.1163/22116427_008010005","url":null,"abstract":"The United Kingdom has a longstanding interest in the Arctic and has recently begun to develop a set of guiding principles for its engagement in the region. Although the UK has a great deal to offer in terms of scientific research and expertise, it is missing an opportunity to engage more fully with issues of importance to the Arctic region.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124050676","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 : 2017-02-08DOI: 10.1163/22116427_008010013
J. G. Aase, J. Jabour
In 2000, the International Maritime Organization (IMO) adopted a new requirement for all international and cargo ships exceeding a certain size, and all passenger ships, to carry Automatic Identification System (AIS) transponders capable of providing information about the ship to other ships and to coastal authorities automatically. The requirement became effective for all ships on 31 December 2004. AIS provides other vessels with information about, for example, a ship’s identity, position, course, speed and destination. The IMO is finalizing implementation of the Polar Code for the safety of vessels, which will apply in both polar waters and will require additional information about the profile of the fleets of ships operating there. However it must be noted that the AIS data is generally only available from legitimate operators (for example, licensed fishers, tourist operators and vessels on government service) and if the AIS transponder is turned off, the vessel becomes virtually invisible. This methodology, therefore, is not a stand-alone system. Norway has currently two satellites in polar orbit capable of receiving AIS signals. AIS is an excellent tool to track tourist vessels and as such create situational awareness and assist in search and rescue operations in the Arctic. The paper presents findings from three regions in the High Arctic: east of the coast of Greenland, north of Svalbard and surrounding the Russian archipelago of Franz Joseph Land, for the years 2010 to 2014 about maritime activities in these regions with a focus on passenger and fishing vessels. It also suggests other satellite-based means for verifying the AIS data.
{"title":"How Satellites Can Support the Information Requirements of the Polar Code","authors":"J. G. Aase, J. Jabour","doi":"10.1163/22116427_008010013","DOIUrl":"https://doi.org/10.1163/22116427_008010013","url":null,"abstract":"In 2000, the International Maritime Organization (IMO) adopted a new requirement for all international and cargo ships exceeding a certain size, and all passenger ships, to carry Automatic Identification System (AIS) transponders capable of providing information about the ship to other ships and to coastal authorities automatically. The requirement became effective for all ships on 31 December 2004. AIS provides other vessels with information about, for example, a ship’s identity, position, course, speed and destination.\u0000 The IMO is finalizing implementation of the Polar Code for the safety of vessels, which will apply in both polar waters and will require additional information about the profile of the fleets of ships operating there. However it must be noted that the AIS data is generally only available from legitimate operators (for example, licensed fishers, tourist operators and vessels on government service) and if the AIS transponder is turned off, the vessel becomes virtually invisible. This methodology, therefore, is not a stand-alone system.\u0000 Norway has currently two satellites in polar orbit capable of receiving AIS signals. AIS is an excellent tool to track tourist vessels and as such create situational awareness and assist in search and rescue operations in the Arctic. The paper presents findings from three regions in the High Arctic: east of the coast of Greenland, north of Svalbard and surrounding the Russian archipelago of Franz Joseph Land, for the years 2010 to 2014 about maritime activities in these regions with a focus on passenger and fishing vessels. It also suggests other satellite-based means for verifying the AIS data.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"286 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115530895","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 : 2017-02-08DOI: 10.1163/22116427_008010006
S. Marsden
This article analyses the potential to apply legal and policy instruments from the ‘First Pole’, (the Arctic), to the ‘Third Pole,’ (the Himalayas/Tibetan Plateau) – the Antarctic is the ‘Second Pole.’ The Third Pole shares many environmental challenges with the Arctic: territorially both are comprised of nation states with domestic agendas; the issues of climate change, development and energy security are also common to both, and have transboundary dimensions. While acknowledging the contextual differences between Arctic states in the North and those with territory in the highest part of Asia (and the world), the growing relationship between them, institutions which regulate their affairs, and these shared challenges suggest there is opportunity to develop Third Pole environmental governance. The article reviews Arctic Council arrangements, focusing upon the South Asian Association for Regional Cooperation, and South Asia Cooperative Environment Program as reform platforms. It finds potential exists if political will is forthcoming, particularly on the part of China and India.
{"title":"From the High North to the Roof of the World: Arctic Precedents for Third Pole Governance","authors":"S. Marsden","doi":"10.1163/22116427_008010006","DOIUrl":"https://doi.org/10.1163/22116427_008010006","url":null,"abstract":"This article analyses the potential to apply legal and policy instruments from the ‘First Pole’, (the Arctic), to the ‘Third Pole,’ (the Himalayas/Tibetan Plateau) – the Antarctic is the ‘Second Pole.’ The Third Pole shares many environmental challenges with the Arctic: territorially both are comprised of nation states with domestic agendas; the issues of climate change, development and energy security are also common to both, and have transboundary dimensions. While acknowledging the contextual differences between Arctic states in the North and those with territory in the highest part of Asia (and the world), the growing relationship between them, institutions which regulate their affairs, and these shared challenges suggest there is opportunity to develop Third Pole environmental governance. The article reviews Arctic Council arrangements, focusing upon the South Asian Association for Regional Cooperation, and South Asia Cooperative Environment Program as reform platforms. It finds potential exists if political will is forthcoming, particularly on the part of China and India.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122860251","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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