Pub Date : 2022-01-01DOI: 10.23865/arctic.v13.3428
Njord Wegge
The debate about how to defend NATO’s northern flank is closely connected to geographic particularities, the demanding Arctic climate, as well as to ever-evolving technological developments. This research article aims at investigating the role land power plays in this region, with a special focus on northern Norway. Through investigating how structure and composition of land forces matter at the political-strategic level, as well as the role played by allied land forces in Northern Norway, this article seeks to better connect the ongoing debate about the structure of land forces in northern Norway to the political-strategic level. The article seeks to answer the research question by using historical sources and official military documents, as well as qualitative interviews.
{"title":"The Strategic Role of Land Power on NATO’s Northern Flank","authors":"Njord Wegge","doi":"10.23865/arctic.v13.3428","DOIUrl":"https://doi.org/10.23865/arctic.v13.3428","url":null,"abstract":"The debate about how to defend NATO’s northern flank is closely connected to geographic particularities, the demanding Arctic climate, as well as to ever-evolving technological developments. This research article aims at investigating the role land power plays in this region, with a special focus on northern Norway. Through investigating how structure and composition of land forces matter at the political-strategic level, as well as the role played by allied land forces in Northern Norway, this article seeks to better connect the ongoing debate about the structure of land forces in northern Norway to the political-strategic level. The article seeks to answer the research question by using historical sources and official military documents, as well as qualitative interviews.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"32 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83103667","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 : 2022-01-01DOI: 10.23865/arctic.v13.3378
Julie Wilhelmsen, Anni Roth Hjermann
How does a security dilemma dynamic between parties deemed not to hold hostile intentions toward each other emerge and escalate? This article investigates Russian official discourse on NATO engagement in Europe post-Crimea (2014), and its impact on security interaction in the Arctic. We also examine how Russia represents NATO intentions and actions in a context seen by Russia as a relation of war. We identify the effect of these changing representations of self and other for the emerging securitization dilemma in relations between Russia and NATO, arguing that they have replaced uncertainty about NATO’s hostile intentions with certainty. Although Russia still articulates the Arctic as a unique cooperative region, there may be little space left for non-conflictual Russian action when encountering NATO in the Arctic. We highlight the agency and importance of evolving political rhetoric in creating a dangerous situation where lethal conflict can occur between parties who do not seek it, and also suggest that adjustments to patterns of official speech could be a tool of mitigation.
{"title":"Russian Certainty of NATO Hostility: Repercussions in the Arctic","authors":"Julie Wilhelmsen, Anni Roth Hjermann","doi":"10.23865/arctic.v13.3378","DOIUrl":"https://doi.org/10.23865/arctic.v13.3378","url":null,"abstract":"How does a security dilemma dynamic between parties deemed not to hold hostile intentions toward each other emerge and escalate? This article investigates Russian official discourse on NATO engagement in Europe post-Crimea (2014), and its impact on security interaction in the Arctic. We also examine how Russia represents NATO intentions and actions in a context seen by Russia as a relation of war. We identify the effect of these changing representations of self and other for the emerging securitization dilemma in relations between Russia and NATO, arguing that they have replaced uncertainty about NATO’s hostile intentions with certainty. Although Russia still articulates the Arctic as a unique cooperative region, there may be little space left for non-conflictual Russian action when encountering NATO in the Arctic. We highlight the agency and importance of evolving political rhetoric in creating a dangerous situation where lethal conflict can occur between parties who do not seek it, and also suggest that adjustments to patterns of official speech could be a tool of mitigation.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"36 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90796545","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 : 2022-01-01DOI: 10.23865/arctic.v13.3820
M. Lysenko, A. Vylegzhanin, O. Young
The Arctic is saturated with nuclear facilities bringing both benefits for regional economic and social development and risks of nuclear and radiological accidents and concerns about radioactive wastes. There is every reason to expect the Arctic will remain a nuclearized region during the foreseeable future. This makes it important to direct attention to issues of nuclear safety and security in the region. We identify several clusters of these issues in the Arctic, including the challenges of potential nuclear accidents, the handling of spent nuclear fuel and radioactive waste, the cleanup of radiological contaminants, and concerns about nuclear security. An analysis of international conventions and voluntary codes of conduct shows that they are applicable to Arctic nuclear safety and security, but only in general terms. This suggests a need for an Arctic-specific agreement on nuclear and radiological safety, emergency preparedness and response, and cleanup of radiological contaminants. The outbreak of military hostilities in Ukraine in February 2022 has disrupted normal procedures for addressing issues of common concern in the Arctic. But the need for cooperation regarding matters like nuclear safety and security will not go away. Assuming it is possible to devise “necessary modalities” for restarting the work of the Arctic Council following the acute phase of the Ukraine crisis, an Arctic-specific agreement on nuclear safety and security could be developed under the auspices of the Arctic Council, which already has taken an interest in nuclear safety through the activities of its Working Group on Emergency Prevention, Preparedness and Response. Once such an agreement is in place, it will become important to consider the infrastructure needed to ensure that its provisions are implemented effectively.
{"title":"Nuclear Safety and Security in the Arctic: Crafting an Effective Regional Governance System","authors":"M. Lysenko, A. Vylegzhanin, O. Young","doi":"10.23865/arctic.v13.3820","DOIUrl":"https://doi.org/10.23865/arctic.v13.3820","url":null,"abstract":"The Arctic is saturated with nuclear facilities bringing both benefits for regional economic and social development and risks of nuclear and radiological accidents and concerns about radioactive wastes. There is every reason to expect the Arctic will remain a nuclearized region during the foreseeable future. This makes it important to direct attention to issues of nuclear safety and security in the region. We identify several clusters of these issues in the Arctic, including the challenges of potential nuclear accidents, the handling of spent nuclear fuel and radioactive waste, the cleanup of radiological contaminants, and concerns about nuclear security. An analysis of international conventions and voluntary codes of conduct shows that they are applicable to Arctic nuclear safety and security, but only in general terms. This suggests a need for an Arctic-specific agreement on nuclear and radiological safety, emergency preparedness and response, and cleanup of radiological contaminants. The outbreak of military hostilities in Ukraine in February 2022 has disrupted normal procedures for addressing issues of common concern in the Arctic. But the need for cooperation regarding matters like nuclear safety and security will not go away. Assuming it is possible to devise “necessary modalities” for restarting the work of the Arctic Council following the acute phase of the Ukraine crisis, an Arctic-specific agreement on nuclear safety and security could be developed under the auspices of the Arctic Council, which already has taken an interest in nuclear safety through the activities of its Working Group on Emergency Prevention, Preparedness and Response. Once such an agreement is in place, it will become important to consider the infrastructure needed to ensure that its provisions are implemented effectively.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"37 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89580305","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 : 2022-01-01DOI: 10.23865/arctic.v13.3549
M. Tysiachniouk, Laura A. Henry, L. Horowitz
This paper examines how a transnational corporation (TNC) translates global standards and corporate policies into programs at sites of extraction. We explore this question through a comparative analysis of ExxonMobil’s operations in two different politico-economic contexts: the Sakhalin-1 project in Russia and the Point Thomson project on the North Slope of Alaska, with field work on Sakhalin Island in 2013–2015 and in Alaska in 2015–2018. Theoretically, we use the Deleuzian concept of “diagram” as a lens through which to examine corporate policies, and a governance generating network (GGN) approach to analyze similarities and differences in benefit-sharing programs in both localities. We show that while global commitments and corporate principles contribute to a standardized approach to community engagement, Indigenous movements and associations, the government, and other corporate actors may play important roles in influencing how corporate policies and global standards are implemented at sites of extraction. Moreover, adaptation of community engagement, benefit-sharing, and environmental monitoring in one location may shape how the company’s strategies are implemented in other sites of extraction.
{"title":"Global Standards, Corporate Diagrams and Indigenous Agency: ExxonMobil in Russia and Alaska","authors":"M. Tysiachniouk, Laura A. Henry, L. Horowitz","doi":"10.23865/arctic.v13.3549","DOIUrl":"https://doi.org/10.23865/arctic.v13.3549","url":null,"abstract":"This paper examines how a transnational corporation (TNC) translates global standards and corporate policies into programs at sites of extraction. We explore this question through a comparative analysis of ExxonMobil’s operations in two different politico-economic contexts: the Sakhalin-1 project in Russia and the Point Thomson project on the North Slope of Alaska, with field work on Sakhalin Island in 2013–2015 and in Alaska in 2015–2018. Theoretically, we use the Deleuzian concept of “diagram” as a lens through which to examine corporate policies, and a governance generating network (GGN) approach to analyze similarities and differences in benefit-sharing programs in both localities. We show that while global commitments and corporate principles contribute to a standardized approach to community engagement, Indigenous movements and associations, the government, and other corporate actors may play important roles in influencing how corporate policies and global standards are implemented at sites of extraction. Moreover, adaptation of community engagement, benefit-sharing, and environmental monitoring in one location may shape how the company’s strategies are implemented in other sites of extraction.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"52 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88048068","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 : 2022-01-01DOI: 10.23865/arctic.v13.3381
Lon Strauss, Ryan Gordinier, Michael Byrne
The U.S. Department of the Navy released A Strategic Blueprint for the Arctic on 5 January 2021. The Navy is focused on preparing for an Alaskan and “Blue” Arctic. Recognizing the changing landscape of the Arctic, the US Navy seeks to maintain a competitive edge, freedom of the seas, and deterrent effect. For the Marine Corps, both the 2021 document and the previous Advantage at Sea: Prevailing with Integrated All-Domain Naval Power, highlight the Marines’ mission to assist the Navy in sea control and sea denial. These strategic documents reflect the direction both the Navy and Marine Corps are taking to better engage in the Arctic, and, therefore on NATO’s northern flank and elsewhere in the world. The Marine Corps’ new concept for warfighting, represented in The Tentative Manual for Expeditionary Advanced Base Operations (EABO) presumes that Marines are a “stand-in” force, i.e., they are already in areas within an adversary’s weapon’s engagement zone (WEZ). However, this is not the case on NATO’s northern flank, where Marines conduct training with NATO and under bilateral agreements. In order to better understand how these new concepts and strategic documents influence the USMC’s engagement on NATO’s northern flank, it is important to relate them to the overall strategic context in this region, as well as the possible gaps that exist down to include operational and some tactical levels implications.
{"title":"U.S. Marines and NATO’s Northern Flank","authors":"Lon Strauss, Ryan Gordinier, Michael Byrne","doi":"10.23865/arctic.v13.3381","DOIUrl":"https://doi.org/10.23865/arctic.v13.3381","url":null,"abstract":"The U.S. Department of the Navy released A Strategic Blueprint for the Arctic on 5 January 2021. The Navy is focused on preparing for an Alaskan and “Blue” Arctic. Recognizing the changing landscape of the Arctic, the US Navy seeks to maintain a competitive edge, freedom of the seas, and deterrent effect. For the Marine Corps, both the 2021 document and the previous Advantage at Sea: Prevailing with Integrated All-Domain Naval Power, highlight the Marines’ mission to assist the Navy in sea control and sea denial. These strategic documents reflect the direction both the Navy and Marine Corps are taking to better engage in the Arctic, and, therefore on NATO’s northern flank and elsewhere in the world. The Marine Corps’ new concept for warfighting, represented in The Tentative Manual for Expeditionary Advanced Base Operations (EABO) presumes that Marines are a “stand-in” force, i.e., they are already in areas within an adversary’s weapon’s engagement zone (WEZ). However, this is not the case on NATO’s northern flank, where Marines conduct training with NATO and under bilateral agreements. In order to better understand how these new concepts and strategic documents influence the USMC’s engagement on NATO’s northern flank, it is important to relate them to the overall strategic context in this region, as well as the possible gaps that exist down to include operational and some tactical levels implications.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"66 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80186652","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 : 2022-01-01DOI: 10.23865/arctic.v13.3484
D. VanderZwaag, V. Vorobev, Olga Koubrak
This article reviews and compares Canadian and Russian approaches to Arctic fisheries management through a three-part format. First, the complex array of laws and policies applicable to Arctic fisheries is described for each country. How Canada and Russia have addressed international fishery issues is also highlighted, including their participation in the 2018 Central Arctic Ocean Fisheries Agreement. Second, commonalities in fisheries governance approaches are summarized, including national commitments to implement precautionary and ecosystem approaches. Finally, contrasts in Arctic fisheries management are discussed. Major differences include the greater devolution of management responsibilities by Canada to Indigenous communities through land-claim agreements and co-management arrangements and Russia’s greater success in formalizing bilateral fisheries management arrangements with its neighbours.
{"title":"Canadian and Russian Fisheries Management in the Arctic: Complexities, Commonalities and Contrasts","authors":"D. VanderZwaag, V. Vorobev, Olga Koubrak","doi":"10.23865/arctic.v13.3484","DOIUrl":"https://doi.org/10.23865/arctic.v13.3484","url":null,"abstract":"This article reviews and compares Canadian and Russian approaches to Arctic fisheries management through a three-part format. First, the complex array of laws and policies applicable to Arctic fisheries is described for each country. How Canada and Russia have addressed international fishery issues is also highlighted, including their participation in the 2018 Central Arctic Ocean Fisheries Agreement. Second, commonalities in fisheries governance approaches are summarized, including national commitments to implement precautionary and ecosystem approaches. Finally, contrasts in Arctic fisheries management are discussed. Major differences include the greater devolution of management responsibilities by Canada to Indigenous communities through land-claim agreements and co-management arrangements and Russia’s greater success in formalizing bilateral fisheries management arrangements with its neighbours.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"25 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89532556","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 : 2022-01-01DOI: 10.23865/arctic.v13.5058
Ø. Ravna
Russia’s military invasion of and war against Ukraine has caused enormous human suffering and material destruction. The situation also raises a number of academic and scholarly issues. This editorial describes the context for Arctic Review on Law and Politics’ plans for a special, thematic series devoted to these matters.
{"title":"The War in Ukraine and Academic Challenges","authors":"Ø. Ravna","doi":"10.23865/arctic.v13.5058","DOIUrl":"https://doi.org/10.23865/arctic.v13.5058","url":null,"abstract":"Russia’s military invasion of and war against Ukraine has caused enormous human suffering and material destruction. The situation also raises a number of academic and scholarly issues. This editorial describes the context for Arctic Review on Law and Politics’ plans for a special, thematic series devoted to these matters.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"11 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82977018","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 : 2022-01-01DOI: 10.23865/arctic.v13.3352
S. Lalonde, Aslan Abashidze, A. Solntsev
As the Earth’s changing climate has deepened into a climate crisis, the Arctic region has emerged as one of the clearest indicators of the scale and pace of that change. As the ice melts, opportunities are expanding to exploit the Arctic’s oil and gas reserves, precious metals, fish stocks and maritime routes. Increased access and development will inevitably generate “system-wide environmental impacts” and will pose novel management challenges for the Arctic states. In the quest to find an effective balance between competing ocean activities and actors, marine protected areas (MPAs) and other effective area-based conservation measures (OECMs) have emerged as indispensable tools to achieve ocean health, including in the Arctic. After first introducing these concepts, this article will discuss the Canadian and Russian domestic regimes for the establishment of MPAs and OECMs. The conclusion will then offer some insights into the key challenges confronting both states in the creation of effective networks of MPAs and OECMs in their Arctic regions.
{"title":"Marine Protected Areas and Other Effective Area-based Conservation Measures","authors":"S. Lalonde, Aslan Abashidze, A. Solntsev","doi":"10.23865/arctic.v13.3352","DOIUrl":"https://doi.org/10.23865/arctic.v13.3352","url":null,"abstract":"As the Earth’s changing climate has deepened into a climate crisis, the Arctic region has emerged as one of the clearest indicators of the scale and pace of that change. As the ice melts, opportunities are expanding to exploit the Arctic’s oil and gas reserves, precious metals, fish stocks and maritime routes. Increased access and development will inevitably generate “system-wide environmental impacts” and will pose novel management challenges for the Arctic states. In the quest to find an effective balance between competing ocean activities and actors, marine protected areas (MPAs) and other effective area-based conservation measures (OECMs) have emerged as indispensable tools to achieve ocean health, including in the Arctic. After first introducing these concepts, this article will discuss the Canadian and Russian domestic regimes for the establishment of MPAs and OECMs. The conclusion will then offer some insights into the key challenges confronting both states in the creation of effective networks of MPAs and OECMs in their Arctic regions.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"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":"89411473","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 : 2022-01-01DOI: 10.23865/arctic.v13.3897
V. Gavrilov, D. VanderZwaag, Susan J. Rolston
This article is the guest editors' introduction to the special series entitled Responding to a Changing Arctic Ocean: Canadian and Russian Experiences and Challenges.
这篇文章是特邀编辑对“应对不断变化的北冰洋:加拿大和俄罗斯的经验与挑战”系列文章的介绍。
{"title":"Introduction: Responding to a Changing Arctic Ocean: Canadian and Russian Experiences and Challenges","authors":"V. Gavrilov, D. VanderZwaag, Susan J. Rolston","doi":"10.23865/arctic.v13.3897","DOIUrl":"https://doi.org/10.23865/arctic.v13.3897","url":null,"abstract":"This article is the guest editors' introduction to the special series entitled Responding to a Changing Arctic Ocean: Canadian and Russian Experiences and Challenges.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80149385","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 : 2022-01-01DOI: 10.23865/arctic.v13.3383
Ingrid Handeland
Climate change has renewed the debate about shipping in the Arctic due to an expected reduction of ice in these sea lanes. Because of the Arctic slowly opening, allowing for more activity, navigational rights for ships have caught the attention of the world once again, including those of warships. Through analysing the navigational regime for warships in the Northwest and Northeast Passages, this article aims to introduce the different rules for navigation and the consequences for maritime operations in the Arctic, including the right to overflight. The United Nations Convention on the Law of the Sea provides navigational rights for warships and overflight in peace time operations, but the matter of which navigation rules should apply in the passages is under debate. Based on an analysis of the Convention, case law, legal theory and customary law, the article aims to shed light on different interpretations of the legal regimes of navigation in the passages and which rules should apply to warships and overflight in the future.
由于北极航道上的冰预计会减少，气候变化重新引发了关于北极航运的争论。由于北极逐渐开放，允许更多的活动，船舶的航行权再次引起了世界的关注，包括军舰。本文通过对军舰在西北通道和东北通道航行制度的分析，旨在介绍不同的航行规则及其对北极海上作业的影响，包括飞越权。《联合国海洋法公约》(United Nations Convention on The Law of The Sea)规定了军舰在和平时期的航行权和飞越权，但关于哪些航行规则应适用于这些通道的问题，目前正在辩论中。本文通过对《公约》、判例法、法律理论和习惯法的分析，旨在揭示对航道航行法律制度的不同解释，以及未来哪些规则应适用于军舰和飞越。
{"title":"Navigational Rights for Warships in the Northwest and Northeast Passages","authors":"Ingrid Handeland","doi":"10.23865/arctic.v13.3383","DOIUrl":"https://doi.org/10.23865/arctic.v13.3383","url":null,"abstract":"Climate change has renewed the debate about shipping in the Arctic due to an expected reduction of ice in these sea lanes. Because of the Arctic slowly opening, allowing for more activity, navigational rights for ships have caught the attention of the world once again, including those of warships. Through analysing the navigational regime for warships in the Northwest and Northeast Passages, this article aims to introduce the different rules for navigation and the consequences for maritime operations in the Arctic, including the right to overflight. The United Nations Convention on the Law of the Sea provides navigational rights for warships and overflight in peace time operations, but the matter of which navigation rules should apply in the passages is under debate. Based on an analysis of the Convention, case law, legal theory and customary law, the article aims to shed light on different interpretations of the legal regimes of navigation in the passages and which rules should apply to warships and overflight in the future.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"21 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78613918","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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