首页 > 最新文献

Arctic Review on Law and Politics最新文献

英文 中文
The Rights of Indigenous Peoples of Russia after Partial Military Mobilization 局部军事动员后俄罗斯土著人民的权利
Q1 Social Sciences Pub Date : 2023-01-06 DOI: 10.23865/arctic.v14.5083
E. Zmyvalova
The present article is a response to the call for papers focusing on the war in Ukraine and its effect on different aspects of life in the Arctic. This article sheds some light on the consequences of Russia’s partial military mobilization on the rights of Indigenous peoples. The partial military mobilization was announced by the President of the Russian Federation on September 21, 2022.
本文是对关注乌克兰战争及其对北极生活不同方面影响的论文征集的回应。这篇文章阐明了俄罗斯部分军事动员对土著人民权利的影响。俄罗斯联邦总统于2022年9月21日宣布了部分军事动员。
{"title":"The Rights of Indigenous Peoples of Russia after Partial Military Mobilization","authors":"E. Zmyvalova","doi":"10.23865/arctic.v14.5083","DOIUrl":"https://doi.org/10.23865/arctic.v14.5083","url":null,"abstract":"The present article is a response to the call for papers focusing on the war in Ukraine and its effect on different aspects of life in the Arctic. This article sheds some light on the consequences of Russia’s partial military mobilization on the rights of Indigenous peoples. The partial military mobilization was announced by the President of the Russian Federation on September 21, 2022.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91329153","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: 2
Lost in Translation – Following the Ecosystem Approach from Malawi to the Barents Sea 迷失在翻译中——遵循从马拉维到巴伦支海的生态系统方法
Q1 Social Sciences Pub Date : 2023-01-06 DOI: 10.23865/arctic.v14.3478
M. Hammer
New ideas are constantly being produced as a changing world demands solutions to new problems. International environmental regimes often present ideas to reduce negative human effects on the environment. Implementation of ideas has often been studied through diffusion theory, where ideas are expected to be implemented in their original version. Translation theory from New Scandinavian Institutionalism allows for an analysis of how ideas invented to solve problems change from introduction to implementation. Ideas heralded through UN processes may face a very long route from introduction to local implementation, during which the idea can become radically changed. Through a thorough study of documents, this article follows the trajectories of the idea of Ecosystem Approach (EA), from its first limited practical application in the US during the 1980s and 90s, during its travels in different United Nations fora, and ending up implemented locally through the 2006 Norwegian Barents Sea Management Plan. The novelty of this study is that the analyses cover a long timeframe combined with a focus on all the different steps of translation combined. This also allows for possible drivers of change to be identified. The results show that there are changes made to the idea to such an extent that what is finally implemented is something quite different from the original idea, and more like “business as usual”. According to the theory, discrepancies do not necessarily mean the idea has not been successful; on the contrary, ideas that can be changed may be more likely to become institutionalized.
随着不断变化的世界要求解决新问题,新的想法不断产生。国际环境机制经常提出减少人类对环境的负面影响的想法。思想的实施通常是通过扩散理论来研究的,在扩散理论中,思想被期望以其原始版本来实施。新斯堪的纳维亚制度主义的翻译理论允许分析为解决问题而发明的想法如何从引入到实施的变化。通过联合国进程提出的想法可能面临从引进到当地实施的漫长道路,在此期间,想法可能会发生根本变化。通过对文献的深入研究,本文遵循了生态系统方法(EA)理念的发展轨迹,从20世纪80年代和90年代在美国的第一次有限的实际应用,到在不同的联合国论坛上的传播,最后通过2006年挪威巴伦支海管理计划在当地实施。本研究的新颖之处在于分析涵盖了很长的时间框架,并将重点放在了翻译的所有不同步骤上。这也允许识别可能的变化驱动因素。结果表明,对这个想法进行了修改,以至于最终实现的东西与最初的想法大不相同,更像是“一切照旧”。根据这一理论,差异并不一定意味着想法没有成功;相反,可以改变的观念更有可能制度化。
{"title":"Lost in Translation – Following the Ecosystem Approach from Malawi to the Barents Sea","authors":"M. Hammer","doi":"10.23865/arctic.v14.3478","DOIUrl":"https://doi.org/10.23865/arctic.v14.3478","url":null,"abstract":"New ideas are constantly being produced as a changing world demands solutions to new problems. International environmental regimes often present ideas to reduce negative human effects on the environment. Implementation of ideas has often been studied through diffusion theory, where ideas are expected to be implemented in their original version. Translation theory from New Scandinavian Institutionalism allows for an analysis of how ideas invented to solve problems change from introduction to implementation. Ideas heralded through UN processes may face a very long route from introduction to local implementation, during which the idea can become radically changed. Through a thorough study of documents, this article follows the trajectories of the idea of Ecosystem Approach (EA), from its first limited practical application in the US during the 1980s and 90s, during its travels in different United Nations fora, and ending up implemented locally through the 2006 Norwegian Barents Sea Management Plan. The novelty of this study is that the analyses cover a long timeframe combined with a focus on all the different steps of translation combined. This also allows for possible drivers of change to be identified. The results show that there are changes made to the idea to such an extent that what is finally implemented is something quite different from the original idea, and more like “business as usual”. According to the theory, discrepancies do not necessarily mean the idea has not been successful; on the contrary, ideas that can be changed may be more likely to become institutionalized.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"56 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83206051","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
Minding the Archipelago: What Svalbard Means to NATO 保护群岛:斯瓦尔巴群岛对北约意味着什么
Q1 Social Sciences Pub Date : 2023-01-06 DOI: 10.23865/arctic.v14.5197
Pauline Baudu
Although the opportunity, form and level of NATO’s High North engagement have long been a matter of debate, the renewed invasion of Ukraine by Russia and its strategic implications at the global level have dragged a reunified NATO into the Arctic as a fait accompli. Yet, the Arctic is not one uniform bloc. When pondering its involvement, the Alliance should consider the particulars of each Arctic territory in its area of responsibility. The Svalbard archipelago, under the sovereignty of Norway -the most vocal advocate of NATO’s High North increased presence- is one of the Arctic areas falling under NATO’s responsibility. Global geopolitical trends, combined with Svalbard’s specific points of contention, may exacerbate the risk of conflict affecting the archipelago. This paper argues that NATO should consider the security concerns specific to Svalbard when pondering its High North involvement and highlights two elements that should be factored in the Alliance’s strategic and operational thinking over the archipelago. The first relates to the diverging interpretations of Article 9 of the Svalbard Treaty while the second lies in Svalbard’s vulnerability to gray-zone tactics due to its particular legal and geographical features. Bearing these particulars in mind, the paper provides key recommendations for NATO to adopt a tailored approach to the archipelago.
尽管北约与高北地区接触的机会、形式和水平长期以来一直存在争议,但俄罗斯再次入侵乌克兰及其在全球层面的战略影响,已将重新统一的北约拖入北极,成为既成事实。然而,北极并不是一个统一的集团。在考虑其参与时,该联盟应考虑其责任范围内每个北极领土的具体情况。挪威主权下的斯瓦尔巴群岛是北约在高北地区增加存在的最有力的倡导者,也是北约负责的北极地区之一。全球地缘政治趋势,加上斯瓦尔巴群岛的具体争论点,可能会加剧影响该群岛的冲突风险。本文认为,北约在考虑其高北参与时应考虑斯瓦尔巴群岛特有的安全问题,并强调了联盟在群岛的战略和行动思考中应考虑的两个因素。第一个问题涉及对《斯瓦尔巴条约》第9条的不同解释,第二个问题涉及斯瓦尔巴群岛由于其特殊的法律和地理特征而容易受到灰色地带战术的影响。考虑到这些细节,该文件为北约对群岛采取量身定制的方法提供了关键建议。
{"title":"Minding the Archipelago: What Svalbard Means to NATO","authors":"Pauline Baudu","doi":"10.23865/arctic.v14.5197","DOIUrl":"https://doi.org/10.23865/arctic.v14.5197","url":null,"abstract":"Although the opportunity, form and level of NATO’s High North engagement have long been a matter of debate, the renewed invasion of Ukraine by Russia and its strategic implications at the global level have dragged a reunified NATO into the Arctic as a fait accompli. Yet, the Arctic is not one uniform bloc. When pondering its involvement, the Alliance should consider the particulars of each Arctic territory in its area of responsibility. The Svalbard archipelago, under the sovereignty of Norway -the most vocal advocate of NATO’s High North increased presence- is one of the Arctic areas falling under NATO’s responsibility. Global geopolitical trends, combined with Svalbard’s specific points of contention, may exacerbate the risk of conflict affecting the archipelago. This paper argues that NATO should consider the security concerns specific to Svalbard when pondering its High North involvement and highlights two elements that should be factored in the Alliance’s strategic and operational thinking over the archipelago. The first relates to the diverging interpretations of Article 9 of the Svalbard Treaty while the second lies in Svalbard’s vulnerability to gray-zone tactics due to its particular legal and geographical features. Bearing these particulars in mind, the paper provides key recommendations for NATO to adopt a tailored approach to the archipelago.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"123 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81852056","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
Perspectives on Rent Generation and Rent Appropriation in Fisheries 渔业地租产生与地租占用的观点
Q1 Social Sciences Pub Date : 2023-01-06 DOI: 10.23865/arctic.v14.3721
B. Bertheussen
The article debates the origin of rent in natural-resource based industries (NRBIs) such as fisheries, and how the rent generated can be appro­priated. The Norwegian fish harvest­ing industry is used to illustrate the arguments. It is argued that the industry-specific institu­tional framework of the fish harvesting industry positively affects the compe­titive forces of the industry, and thereby its economic performance. Fishery management institu­tions create high barriers to entry for outside firms, and they dampen internal rivalry between incumbent firms. As a result, the opportunity to earn what this paper labels institutional rent arises. The article further argues that nature itself and how it is managed through, for example, harvesting rules, enables an NRBI to earn resource rent if the players get free or cheap access to the input factor, in this case fish. Finally, the article argues that it is stakeholders other than the harvesting companies that control both the institutional and resource rents, that is, the owners of the natural resource and the authorities who manage it as well as the industry-specific institu­tional framework. Nevertheless, neither the owners nor the authorities benefit from the industry-specific rent generated. The rent is appropriated by the capital owners and the crew onboard the boats in the form of above-normal profits and above-normal wages. Whether or not such a skewed rent distribution is considered fair and sustainable is a political issue.
本文讨论了渔业等自然资源产业(nrbi)的租金来源,以及如何分配产生的租金。挪威捕鱼业被用来说明这些论点。本文认为,特定行业的渔业制度框架对该行业的竞争力产生积极影响,从而对其经济绩效产生积极影响。渔业管理机构为外部公司设置了很高的进入壁垒,并抑制了现有公司之间的内部竞争。因此,赚取本文所称的制度租金的机会出现了。这篇文章进一步论证了自然本身及其管理方式,例如收获规则,如果玩家获得免费或廉价的输入要素(在这里是鱼),NRBI便能够赚取资源租金。最后,本文认为,控制制度和资源租金的不是采收公司,而是利益相关者,即自然资源的所有者和管理它的当局,以及特定行业的制度框架。然而,业主和当局都没有从特定行业产生的租金中受益。租金由资本所有者和船上的船员以高于正常的利润和工资的形式分配。这种倾斜的租金分配是否公平和可持续是一个政治问题。
{"title":"Perspectives on Rent Generation and Rent Appropriation in Fisheries","authors":"B. Bertheussen","doi":"10.23865/arctic.v14.3721","DOIUrl":"https://doi.org/10.23865/arctic.v14.3721","url":null,"abstract":"The article debates the origin of rent in natural-resource based industries (NRBIs) such as fisheries, and how the rent generated can be appro­priated. The Norwegian fish harvest­ing industry is used to illustrate the arguments. It is argued that the industry-specific institu­tional framework of the fish harvesting industry positively affects the compe­titive forces of the industry, and thereby its economic performance. Fishery management institu­tions create high barriers to entry for outside firms, and they dampen internal rivalry between incumbent firms. As a result, the opportunity to earn what this paper labels institutional rent arises. The article further argues that nature itself and how it is managed through, for example, harvesting rules, enables an NRBI to earn resource rent if the players get free or cheap access to the input factor, in this case fish. Finally, the article argues that it is stakeholders other than the harvesting companies that control both the institutional and resource rents, that is, the owners of the natural resource and the authorities who manage it as well as the industry-specific institu­tional framework. Nevertheless, neither the owners nor the authorities benefit from the industry-specific rent generated. The rent is appropriated by the capital owners and the crew onboard the boats in the form of above-normal profits and above-normal wages. Whether or not such a skewed rent distribution is considered fair and sustainable is a political issue.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"44 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83020212","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: 1
Indigenous Rights and Interests in a Changing Arctic Ocean: Canadian and Russian Experiences and Challenges 北冰洋变化中的土著权利与利益:加拿大和俄罗斯的经验与挑战
Q1 Social Sciences Pub Date : 2022-01-01 DOI: 10.23865/arctic.v13.3264
A. Sharapova, S. Seck, Sarah MacLeod, Olga Koubrak
The Arctic has been home to Indigenous peoples since long before the international legal system of sovereign states came into existence. International law has increasingly recognized the rights of Indigenous peoples, who also have status as Permanent Participants in the Arctic Council. In northern Canada, the majority of those who live in the Arctic are recognized as Indigenous. However, in northern Russia, a much smaller percentage of the population is identified as Indigenous, as legal recognition is only accorded to groups with a small population size. This article will compare Russian and Canadian approaches to recognition of Indigenous peoples and Indigenous rights in the Arctic with attention to the implications for Arctic Ocean governance. The article first introduces international legal instruments of importance to Indigenous peoples and their rights in the Arctic. Then it considers the domestic legal and policy frameworks that define Indigenous rights and interests in Russia and Canada. Despite both states being members of the Arctic Council and parties to the United Nations Convention on the Law of the Sea, there are many differences in their treatment of Indigenous peoples with implications for Arctic Ocean governance.
早在主权国家的国际法律体系形成之前,北极就一直是土著人民的家园。国际法越来越多地承认土著人民的权利,他们也拥有北极理事会常任理事国的地位。在加拿大北部,大多数居住在北极地区的人被认为是土著居民。然而,在俄罗斯北部,被认定为土著居民的人口比例要小得多,因为法律只承认人口规模较小的群体。本文将比较俄罗斯和加拿大在承认北极土著人民和土著权利方面的做法,并关注其对北冰洋治理的影响。本文首先介绍了对北极土著人民及其权利具有重要意义的国际法律文书。然后,它考虑了界定俄罗斯和加拿大土著权利和利益的国内法律和政策框架。尽管这两个国家都是北极理事会的成员和《联合国海洋法公约》的缔约国,但它们在对待土著人民方面存在许多差异,这对北冰洋的治理产生了影响。
{"title":"Indigenous Rights and Interests in a Changing Arctic Ocean: Canadian and Russian Experiences and Challenges","authors":"A. Sharapova, S. Seck, Sarah MacLeod, Olga Koubrak","doi":"10.23865/arctic.v13.3264","DOIUrl":"https://doi.org/10.23865/arctic.v13.3264","url":null,"abstract":"The Arctic has been home to Indigenous peoples since long before the international legal system of sovereign states came into existence. International law has increasingly recognized the rights of Indigenous peoples, who also have status as Permanent Participants in the Arctic Council. In northern Canada, the majority of those who live in the Arctic are recognized as Indigenous. However, in northern Russia, a much smaller percentage of the population is identified as Indigenous, as legal recognition is only accorded to groups with a small population size. This article will compare Russian and Canadian approaches to recognition of Indigenous peoples and Indigenous rights in the Arctic with attention to the implications for Arctic Ocean governance. The article first introduces international legal instruments of importance to Indigenous peoples and their rights in the Arctic. Then it considers the domestic legal and policy frameworks that define Indigenous rights and interests in Russia and Canada. Despite both states being members of the Arctic Council and parties to the United Nations Convention on the Law of the Sea, there are many differences in their treatment of Indigenous peoples with implications for Arctic Ocean governance.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"154 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77731373","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: 2
Canada and the Russian Federation: Maritime Boundaries and Jurisdiction in the Arctic Ocean 加拿大和俄罗斯联邦:北冰洋的海洋边界和管辖权
Q1 Social Sciences Pub Date : 2022-01-01 DOI: 10.23865/arctic.v13.3233
V. Gavrilov, T. McDorman, C. Schofield
The Arctic region has been the focus of considerable attention in recent years, often concerned with maritime claims and an alleged race for the region’s resources. Against this narrative, the article focuses on the practices of Canada and the Russian Federation with respect to their maritime jurisdictional claims and the delimitation of maritime boundaries with their Arctic neighbours. The article provides an overview of the Arctic region and the international law of the sea with an emphasis on the baselines and maritime claims of the Arctic coastal states. Discussion then turns to the maritime boundary agreements that have been concluded in the Arctic region before overlapping claims to areas of continental shelf underlying the central part of the Arctic Ocean are appraised. The article concludes that Canada and the Russian Federation have enjoyed considerable success in resolving overlapping maritime claims and their pragmatic and innovative approaches coupled with existing regional cooperation bode well for finding peaceful solutions to Arctic Ocean governance challenges in the future.
近年来,北极地区一直是人们相当关注的焦点,经常涉及海洋主张和对该地区资源的所谓竞争。与此相反,本文着重讨论了加拿大和俄罗斯联邦在其海洋管辖权要求和与北极邻国划定海洋边界方面的做法。本文概述了北极地区和国际海洋法,重点介绍了北极沿海国家的基线和海洋主张。然后,讨论转向在评估北冰洋中部大陆架区域重叠主张之前,在北极地区已经达成的海洋边界协议。文章的结论是,加拿大和俄罗斯联邦在解决重叠的海洋主张方面取得了相当大的成功,其务实和创新的方法加上现有的区域合作,预示着未来寻找和平解决北冰洋治理挑战的好办法。
{"title":"Canada and the Russian Federation: Maritime Boundaries and Jurisdiction in the Arctic Ocean","authors":"V. Gavrilov, T. McDorman, C. Schofield","doi":"10.23865/arctic.v13.3233","DOIUrl":"https://doi.org/10.23865/arctic.v13.3233","url":null,"abstract":"The Arctic region has been the focus of considerable attention in recent years, often concerned with maritime claims and an alleged race for the region’s resources. Against this narrative, the article focuses on the practices of Canada and the Russian Federation with respect to their maritime jurisdictional claims and the delimitation of maritime boundaries with their Arctic neighbours. The article provides an overview of the Arctic region and the international law of the sea with an emphasis on the baselines and maritime claims of the Arctic coastal states. Discussion then turns to the maritime boundary agreements that have been concluded in the Arctic region before overlapping claims to areas of continental shelf underlying the central part of the Arctic Ocean are appraised. The article concludes that Canada and the Russian Federation have enjoyed considerable success in resolving overlapping maritime claims and their pragmatic and innovative approaches coupled with existing regional cooperation bode well for finding peaceful solutions to Arctic Ocean governance challenges in the future.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87250732","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
Identifying and Describing Ecologically or Biologically Significant Marine Areas (EBSAs): A Key Tool for the Protection of Ocean Biodiversity in Dispute 识别和描述具有生态或生物学意义的海洋区域:保护有争议海洋生物多样性的关键工具
Q1 Social Sciences Pub Date : 2022-01-01 DOI: 10.23865/arctic.v13.3635
C. Prip
The distribution of legal authority to protect biodiversity in marine areas beyond national jurisdiction (ABNJ) between the Convention on Biological Diversity (CBD) and the UN Law of the Sea Convention (LOSC) has been a contentious issue. In practice, main responsibility has been allocated to LOSC, under which a new implementing agreement on conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (BBNJ) is currently being negotiated. CBD was allocated responsibility for providing scientific information and advice on marine biodiversity, which has resulted in the identification and description of 321 Ecologically or Biologically Significant Marine Areas (EBSAs) worldwide, within and beyond national jurisdiction. These could provide important scientific backing for a coming BBNJ instrument under LOSC, especially as regards the designation of marine protected areas and the conduct of environmental impact assessments in ABNJ. However, the process of modifying EBSAs and identifying new ones has recently been challenged by the CBD Conference of the Parties, harking back to previous disputes over the legal mandate and thereby threatening the entire mechanism that has been established. In the context of international environmental law and law of the sea, this article discusses the potential importance of EBSAs for the expected BBNJ instrument, using the Central Arctic Ocean EBSA as an example. Responsible Editor: Øyvind Ravna, Faculty of Law, UiT The Arctic University of Norway
《生物多样性公约》(CBD)和《联合国海洋法公约》(LOSC)之间在国家管辖范围外海洋区域保护生物多样性的法律权力分配一直是一个有争议的问题。实际上,主要责任已分配给海洋生物多样性委员会,根据该委员会目前正在谈判一项关于养护和可持续利用国家管辖范围以外地区海洋生物多样性的新的执行协定。生物多样性公约的职责是提供有关海洋生物多样性的科学信息和建议,从而在全球范围内和国家管辖范围之外确定和描述了321个具有生态或生物学意义的海洋区域(ebsa)。这些可以为即将在海洋法公约下建立的海洋保护区工具提供重要的科学支持,特别是在指定海洋保护区和在海洋保护区进行环境影响评估方面。然而,修改ebsa和确定新ebsa的过程最近受到了《生物多样性公约》缔约方大会的挑战,这让人回想起以前关于法律授权的争端,从而威胁到已经建立的整个机制。在国际环境法和海洋法的背景下,本文以北冰洋中部的EBSA为例,讨论了EBSA对预期的BBNJ工具的潜在重要性。负责编辑:Øyvind Ravna,挪威北极大学法律系
{"title":"Identifying and Describing Ecologically or Biologically Significant Marine Areas (EBSAs): A Key Tool for the Protection of Ocean Biodiversity in Dispute","authors":"C. Prip","doi":"10.23865/arctic.v13.3635","DOIUrl":"https://doi.org/10.23865/arctic.v13.3635","url":null,"abstract":"The distribution of legal authority to protect biodiversity in marine areas beyond national jurisdiction (ABNJ) between the Convention on Biological Diversity (CBD) and the UN Law of the Sea Convention (LOSC) has been a contentious issue. In practice, main responsibility has been allocated to LOSC, under which a new implementing agreement on conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (BBNJ) is currently being negotiated. CBD was allocated responsibility for providing scientific information and advice on marine biodiversity, which has resulted in the identification and description of 321 Ecologically or Biologically Significant Marine Areas (EBSAs) worldwide, within and beyond national jurisdiction. These could provide important scientific backing for a coming BBNJ instrument under LOSC, especially as regards the designation of marine protected areas and the conduct of environmental impact assessments in ABNJ. However, the process of modifying EBSAs and identifying new ones has recently been challenged by the CBD Conference of the Parties, harking back to previous disputes over the legal mandate and thereby threatening the entire mechanism that has been established. In the context of international environmental law and law of the sea, this article discusses the potential importance of EBSAs for the expected BBNJ instrument, using the Central Arctic Ocean EBSA as an example. Responsible Editor: Øyvind Ravna, Faculty of Law, UiT The Arctic University of Norway","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"31 1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90444818","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: 2
Alignment but not Alliance: Nordic Operational Military Cooperation 结盟而非联盟:北欧军事行动合作
Q1 Social Sciences Pub Date : 2022-01-01 DOI: 10.23865/arctic.v13.3380
Håkon Lunde Saxi
Since the start of the Ukrainian crisis in 2014, the Nordic states have sought to advance their defence cooperation “beyond peacetime” to also encompass operational military cooperation in crisis and armed conflict. Relations between the two Nordic non-NATO members, Sweden and Finland, have formed a vanguard, encompassing bilateral operational planning beyond peacetime. While no formal security policy guarantees have been exchanged, Sweden and Finland have created strong expectations that they will lend each other support in a crisis. In short, while no formal alliance treaty exists, the two states have nevertheless become closely aligned. In 2020, Sweden and Finland joined NATO member Norway in signalling their intention to strengthen their trilateral defence relationship. The following year, NATO members Norway and Denmark signed a similar agreement with Sweden. The goal of these documents was to coordinate their national operational plans – their “war plans” – and perhaps develop some common operational plans. In this article, it is argued that these agreements fall short of a formal military alliance, but that they represent an alignment policy between the Nordic states.
自2014年乌克兰危机爆发以来,北欧国家一直在寻求推进防务合作“超越和平时期”,将危机和武装冲突中的军事合作纳入其中。瑞典和芬兰这两个北欧非北约成员国之间的关系已经形成了先锋队,包括超越和平时期的双边行动计划。虽然两国没有交换正式的安全政策保证,但瑞典和芬兰已经产生了强烈的期望,即它们将在危机中相互提供支持。简而言之,虽然没有正式的联盟条约,但两国已经紧密结盟。2020年,瑞典和芬兰加入北约成员国挪威的行列,表示有意加强三边防务关系。次年,北约成员国挪威和丹麦与瑞典签署了类似的协议。这些文件的目的是协调他们的国家行动计划——他们的“战争计划”——也许是制定一些共同的行动计划。本文认为,这些协议不是正式的军事联盟,而是北欧国家之间的结盟政策。
{"title":"Alignment but not Alliance: Nordic Operational Military Cooperation","authors":"Håkon Lunde Saxi","doi":"10.23865/arctic.v13.3380","DOIUrl":"https://doi.org/10.23865/arctic.v13.3380","url":null,"abstract":"Since the start of the Ukrainian crisis in 2014, the Nordic states have sought to advance their defence cooperation “beyond peacetime” to also encompass operational military cooperation in crisis and armed conflict. Relations between the two Nordic non-NATO members, Sweden and Finland, have formed a vanguard, encompassing bilateral operational planning beyond peacetime. While no formal security policy guarantees have been exchanged, Sweden and Finland have created strong expectations that they will lend each other support in a crisis. In short, while no formal alliance treaty exists, the two states have nevertheless become closely aligned. In 2020, Sweden and Finland joined NATO member Norway in signalling their intention to strengthen their trilateral defence relationship. The following year, NATO members Norway and Denmark signed a similar agreement with Sweden. The goal of these documents was to coordinate their national operational plans – their “war plans” – and perhaps develop some common operational plans. In this article, it is argued that these agreements fall short of a formal military alliance, but that they represent an alignment policy between the Nordic states.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"47 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78394161","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: 4
Regulation of Arctic Shipping in Canada and Russia 加拿大和俄罗斯北极航运规则
Q1 Social Sciences Pub Date : 2022-01-01 DOI: 10.23865/arctic.v13.3229
Kristin Bartenstein, R. Dremliuga, N. Prisekina
As Arctic navigation increases and states work, both at the international and the domestic level, at ensuring legal readiness, this article takes a closer look at regulation of Arctic Shipping in Canada and Russia. The analysis first focuses on the current domestic regimes that have developed over the past decades. It highlights that dissimilar political, economic and environmental contexts have shaped not only different shipping patterns off the Canadian and Russian coasts, but also dissimilar coastal state approaches that do not seem to converge noticeably under the influence of the Polar Code. The analysis then turns to challenges that lay ahead as existing regimes could be called into question due to receding ice cover and may need to adapt to evolving shipping patterns and technological innovations.
随着北极航行的增加和各国在国际和国内层面上的工作,确保法律准备就绪,本文将仔细研究加拿大和俄罗斯对北极航运的监管。分析首先聚焦于过去几十年发展起来的当前国内体制。报告强调,不同的政治、经济和环境背景不仅影响了加拿大和俄罗斯沿海地区不同的航运模式,而且也影响了不同的沿海国家的做法,这些做法在《极地规则》的影响下似乎没有明显趋同。然后,分析转向未来面临的挑战,因为由于冰盖消退,现有制度可能会受到质疑,可能需要适应不断变化的航运模式和技术创新。
{"title":"Regulation of Arctic Shipping in Canada and Russia","authors":"Kristin Bartenstein, R. Dremliuga, N. Prisekina","doi":"10.23865/arctic.v13.3229","DOIUrl":"https://doi.org/10.23865/arctic.v13.3229","url":null,"abstract":"As Arctic navigation increases and states work, both at the international and the domestic level, at ensuring legal readiness, this article takes a closer look at regulation of Arctic Shipping in Canada and Russia. The analysis first focuses on the current domestic regimes that have developed over the past decades. It highlights that dissimilar political, economic and environmental contexts have shaped not only different shipping patterns off the Canadian and Russian coasts, but also dissimilar coastal state approaches that do not seem to converge noticeably under the influence of the Polar Code. The analysis then turns to challenges that lay ahead as existing regimes could be called into question due to receding ice cover and may need to adapt to evolving shipping patterns and technological innovations.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79112575","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: 1
The Russian Northern Fleet and the (Re)militarisation of the Arctic 俄罗斯北方舰队和北极的(重新)军事化
Q1 Social Sciences Pub Date : 2022-01-01 DOI: 10.23865/arctic.v13.3338
Jonas Kjellén
Over the last decade, Russia has considerably ramped up its military presence in the Arctic. This is something that attracted much attention from Western countries, especially against the backdrop of deteriorated relations and general mistrust following the annexation of Crimea in 2014. Current developments are to some extent familiar, as they echo the militarisation of the Arctic during the Cold War and the attendant US-Soviet tensions. Although comparisons with the Soviet Union’s Arctic military posture lie close at hand, we need to analyse Russia’s current military build-up in the Arctic with fresh eyes. Two of the most indicative developments were studied. Firstly, the formation of a single Arctic military command, with its implications for a reassessment of the Arctic strategic direction; secondly, the physical expansion of its Arctic military footprint, which includes both the construction of modern facilities and the increased activity of its armed forces there. In both these developments, the Northern Fleet is taking on a leading role, but the overall military posture relies on other military and civilian actors as well, and is closely related to security concerns of the developing latitudinal axis of the Northern Sea Route, rather than the Cold War longitudinal axis of a massive nuclear weapons exchange.
在过去的十年里,俄罗斯大大加强了其在北极的军事存在。这引起了西方国家的高度关注,特别是在2014年俄罗斯吞并克里米亚后,两国关系恶化,普遍不信任的背景下。目前的事态发展在某种程度上是熟悉的,因为它们与冷战期间北极的军事化以及随之而来的美苏紧张局势相呼应。虽然与苏联在北极的军事姿态比较近在咫尺,但我们需要用新的眼光来分析俄罗斯目前在北极的军事集结。研究了两个最具指示性的发展。首先,形成一个单一的北极军事指挥部,这意味着对北极战略方向的重新评估;其次,扩大其在北极的军事足迹,包括建设现代化设施和增加其武装部队在那里的活动。在这两种发展中,北方舰队都发挥了主导作用,但总体军事态势也依赖于其他军事和民用行为体,并且与北方航道发展的纬向轴的安全关切密切相关,而不是冷战时期大规模核武器交换的纵轴。
{"title":"The Russian Northern Fleet and the (Re)militarisation of the Arctic","authors":"Jonas Kjellén","doi":"10.23865/arctic.v13.3338","DOIUrl":"https://doi.org/10.23865/arctic.v13.3338","url":null,"abstract":"Over the last decade, Russia has considerably ramped up its military presence in the Arctic. This is something that attracted much attention from Western countries, especially against the backdrop of deteriorated relations and general mistrust following the annexation of Crimea in 2014. Current developments are to some extent familiar, as they echo the militarisation of the Arctic during the Cold War and the attendant US-Soviet tensions. Although comparisons with the Soviet Union’s Arctic military posture lie close at hand, we need to analyse Russia’s current military build-up in the Arctic with fresh eyes. Two of the most indicative developments were studied. Firstly, the formation of a single Arctic military command, with its implications for a reassessment of the Arctic strategic direction; secondly, the physical expansion of its Arctic military footprint, which includes both the construction of modern facilities and the increased activity of its armed forces there. In both these developments, the Northern Fleet is taking on a leading role, but the overall military posture relies on other military and civilian actors as well, and is closely related to security concerns of the developing latitudinal axis of the Northern Sea Route, rather than the Cold War longitudinal axis of a massive nuclear weapons exchange.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84444397","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: 5
期刊
Arctic Review on Law and Politics
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1