Pub Date : 2020-12-09DOI: 10.23865/arctic.v11.2660
Lena Lauritsen Bendiksen
This article is a brief foreword to the ten-year anniversary issue of Arctic Review on Law and Politics with background about the journal written by the dean of the Faculty of Law at UiT The Arctic University of Norway, the journal's sponsor.
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Pub Date : 2020-12-09DOI: 10.23865/arctic.v11.2432
I. Dahl
The year 2019 was “the international year of the salmon” (IYS). The overarching aim was “to inform and stimulate outreach and research that aspires to establish the conditions necessary to ensure the resilience of salmon and people throughout the Northern Hemisphere;” further, to bring people together, share and develop knowledge, raise awareness and take action. This article is intended as a contribution to this goal. The article discusses how international law: the Law of the Sea Convention, the Convention on Biological Diversity and the Convention for the Conservation of Salmon in the North Atlantic Ocean relate to conservation and management of wild salmon. The article has a special focus on bilateral cooperation on salmon stocks in boundary/transboundary rivers, and using as a case study the Tana river in Norway and Finland.
{"title":"International Regulations and Guidelines on Transboundary Salmon Stocks: Case Study of the Tana River","authors":"I. Dahl","doi":"10.23865/arctic.v11.2432","DOIUrl":"https://doi.org/10.23865/arctic.v11.2432","url":null,"abstract":"The year 2019 was “the international year of the salmon” (IYS). The overarching aim was “to inform and stimulate outreach and research that aspires to establish the conditions necessary to ensure the resilience of salmon and people throughout the Northern Hemisphere;” further, to bring people together, share and develop knowledge, raise awareness and take action. This article is intended as a contribution to this goal. The article discusses how international law: the Law of the Sea Convention, the Convention on Biological Diversity and the Convention for the Conservation of Salmon in the North Atlantic Ocean relate to conservation and management of wild salmon. The article has a special focus on bilateral cooperation on salmon stocks in boundary/transboundary rivers, and using as a case study the Tana river in Norway and Finland.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"53 1","pages":"157-188"},"PeriodicalIF":0.0,"publicationDate":"2020-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85672961","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-09DOI: 10.23865/arctic.v11.2684
Ø. Ravna, N. Bankes
This article presents the editors' introduction to the ten-year anniversary issue of Arctic Review on Law and Politics, with a history of the journal and an overview of the issue's contents.
本文介绍了《北极评论:法律与政治》十周年刊的编辑简介,介绍了该杂志的历史,并概述了这期杂志的内容。
{"title":"Celebrating Ten Years of Arctic Review","authors":"Ø. Ravna, N. Bankes","doi":"10.23865/arctic.v11.2684","DOIUrl":"https://doi.org/10.23865/arctic.v11.2684","url":null,"abstract":"This article presents the editors' introduction to the ten-year anniversary issue of Arctic Review on Law and Politics, with a history of the journal and an overview of the issue's contents.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77545284","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-09DOI: 10.23865/arctic.v11.2348
Øystein Jensen
A hundred years ago on 9 February 2020, the Svalbard Treaty was adopted in Paris, granting Norway her long-standing ambition: full and absolute sovereignty over the Svalbard archipelago. After a brief review of the negotiations that preceded the Paris decision, this article examines the main elements of the Treaty: Norwegian sovereignty, the principle of non-discrimination and the terra nullius rights of other states, peaceful utilization, scientific research and environmental protection. Focus then shifts to Norway’s policy towards Svalbard and the implementation of the Treaty’s provisions: what have been the main lines of Norwegian Svalbard politics; what administrative structures have evolved; to what extent has Norwegian legislation been made applicable to Svalbard? Importantly, the article also addresses how widespread changes in international law that have taken place since 1920, particularly developments concerning the law of the sea, have brought to the forefront controversial issues concerning the geographic scope of the Treaty’s application.
{"title":"The Svalbard Treaty and Norwegian Sovereignty","authors":"Øystein Jensen","doi":"10.23865/arctic.v11.2348","DOIUrl":"https://doi.org/10.23865/arctic.v11.2348","url":null,"abstract":"A hundred years ago on 9 February 2020, the Svalbard Treaty was adopted in Paris, granting Norway her long-standing ambition: full and absolute sovereignty over the Svalbard archipelago. After a brief review of the negotiations that preceded the Paris decision, this article examines the main elements of the Treaty: Norwegian sovereignty, the principle of non-discrimination and the terra nullius rights of other states, peaceful utilization, scientific research and environmental protection. Focus then shifts to Norway’s policy towards Svalbard and the implementation of the Treaty’s provisions: what have been the main lines of Norwegian Svalbard politics; what administrative structures have evolved; to what extent has Norwegian legislation been made applicable to Svalbard? Importantly, the article also addresses how widespread changes in international law that have taken place since 1920, particularly developments concerning the law of the sea, have brought to the forefront controversial issues concerning the geographic scope of the Treaty’s application.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"214 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75573901","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-08-19DOI: 10.23865/arctic.v11.2240
E. Engtrø, O. Gudmestad, O. Njå
In 2017, the The International Code for Ships Operating in Polar Waters (Polar Code) – a set of function-based regulations applicable to Arctic and Antarctic waters, with the goal of increasing awareness and improving safety for ship operations in polar waters – entered into force. This article examines the Polar Code’s contribution to the establishment of new standards and guidelines, with the problem under discussion being the extent to which the function-based regulations contribute to enhancing safety for ship operations in the Arctic, given that maritime activities in these waters are associated with great risks and uncertainties. The article gives a historical review, elucidating the background leading to the development of the Polar Code, followed by a review of the structure and key principles of the regulations. Further, ship traffic in the Arctic region and those subject to the Polar Code are examined, followed by a summary of findings and experiences from three survival exercises (SARex I, II and III), performed in northern areas around Svalbard between 2016 and 2018. The article concludes that safe ship operations depend on those subject to the regulations conducting thorough operational risk assessments that cover all potential hazards, in order to mitigate sufficiently. Further, the presence of authorities is found to be crucial, with validation of the adequacy and the dimensioning of the implemented measures being of the essence.
2017年,《极地水域船舶作业国际规则》(《极地规则》)生效,这是一套适用于北极和南极水域的基于功能的法规,旨在提高极地水域船舶作业的认识和安全性。本文考察了《极地规则》对建立新标准和准则的贡献,讨论的问题是,鉴于北极水域的海上活动与巨大的风险和不确定性有关,基于功能的法规对加强北极船舶作业安全的贡献程度。文章给出了一个历史回顾,阐明了导致极地规则发展的背景,然后对规则的结构和关键原则进行了回顾。此外,对北极地区和受极地规则约束的船舶交通进行了检查,然后总结了2016年至2018年在斯瓦尔巴群岛北部地区进行的三次生存演习(SARex I, II和III)的结果和经验。文章的结论是,安全的船舶操作取决于那些受法规约束的人进行全面的操作风险评估,包括所有潜在的危险,以充分减轻风险。此外,当局的存在被认为是至关重要的,对所执行措施的充分性和规模的确认是至关重要的。
{"title":"Implementation of the Polar Code: Functional Requirements Regulating Ship Operations in Polar Waters","authors":"E. Engtrø, O. Gudmestad, O. Njå","doi":"10.23865/arctic.v11.2240","DOIUrl":"https://doi.org/10.23865/arctic.v11.2240","url":null,"abstract":"In 2017, the The International Code for Ships Operating in Polar Waters (Polar Code) – a set of function-based regulations applicable to Arctic and Antarctic waters, with the goal of increasing awareness and improving safety for ship operations in polar waters – entered into force. This article examines the Polar Code’s contribution to the establishment of new standards and guidelines, with the problem under discussion being the extent to which the function-based regulations contribute to enhancing safety for ship operations in the Arctic, given that maritime activities in these waters are associated with great risks and uncertainties. The article gives a historical review, elucidating the background leading to the development of the Polar Code, followed by a review of the structure and key principles of the regulations. Further, ship traffic in the Arctic region and those subject to the Polar Code are examined, followed by a summary of findings and experiences from three survival exercises (SARex I, II and III), performed in northern areas around Svalbard between 2016 and 2018. The article concludes that safe ship operations depend on those subject to the regulations conducting thorough operational risk assessments that cover all potential hazards, in order to mitigate sufficiently. Further, the presence of authorities is found to be crucial, with validation of the adequacy and the dimensioning of the implemented measures being of the essence.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"45 1","pages":"47-69"},"PeriodicalIF":0.0,"publicationDate":"2020-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84096605","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-04-20DOI: 10.23865/arctic.v11.1350
Jakub Godzimirski, A. Sergunin
This article examines current Russian expert and official narratives on the Arctic, situating them in the broader context of the debate on Russia’s role in the international system. Combining a critical geopolitics approach to the study of international relations with content analysis tools, we map how structural geopolitical changes in the wider region have shaped narratives on the Arctic in Russia today. Two types of Russian narratives on the Arctic are explored—the one put forward by members of the Russian expert community, and the one that emerges from official documents and statements by members of the Russian policymaking community. With the expert narratives, we pay particular attention to the Arctic topics featured and how they are informed by various mainstream approaches to the study of international relations (IR). In examining policy practitioners’ narrative approaches, we trace the overlaps and differences between these and the expert narratives. Current expert and official Russian narratives on the Arctic appear to be influenced mostly by neorealist and neoliberal ideas in IR, without substantial modifications after the 2014 conflict, thus showing relatively high ideational continuity.
{"title":"Russian Expert and Official Geopolitical Narratives on the Arctic: Decoding Topical and Paradigmatic DNA","authors":"Jakub Godzimirski, A. Sergunin","doi":"10.23865/arctic.v11.1350","DOIUrl":"https://doi.org/10.23865/arctic.v11.1350","url":null,"abstract":"This article examines current Russian expert and official narratives on the Arctic, situating them in the broader context of the debate on Russia’s role in the international system. Combining a critical geopolitics approach to the study of international relations with content analysis tools, we map how structural geopolitical changes in the wider region have shaped narratives on the Arctic in Russia today. Two types of Russian narratives on the Arctic are explored—the one put forward by members of the Russian expert community, and the one that emerges from official documents and statements by members of the Russian policymaking community. With the expert narratives, we pay particular attention to the Arctic topics featured and how they are informed by various mainstream approaches to the study of international relations (IR). In examining policy practitioners’ narrative approaches, we trace the overlaps and differences between these and the expert narratives. Current expert and official Russian narratives on the Arctic appear to be influenced mostly by neorealist and neoliberal ideas in IR, without substantial modifications after the 2014 conflict, thus showing relatively high ideational continuity.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"4 1","pages":"22-46"},"PeriodicalIF":0.0,"publicationDate":"2020-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76980874","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-02-13DOI: 10.23865/arctic.v11.2173
Ø. Ravna
On 23 January 2020, the Supreme Court of Sweden delivered an historic verdict in favour of the Girjas sameby in a lawsuit against the Swedish State over a long-standing dispute over the right to administer hunting and fishing rights in the Girjas land management area. Rooted in Sami customary law, ILO Convention 169 and the UN Declaration of Indigenous Peoples, the verdict is a milestone in the development of Sami law in Sweden. It may also have an impact on the other Nordic countries, in particular Norway.
{"title":"A Sámi Community Wins Case against the Swedish State in the Supreme Court","authors":"Ø. Ravna","doi":"10.23865/arctic.v11.2173","DOIUrl":"https://doi.org/10.23865/arctic.v11.2173","url":null,"abstract":"On 23 January 2020, the Supreme Court of Sweden delivered an historic verdict in favour of the Girjas sameby in a lawsuit against the Swedish State over a long-standing dispute over the right to administer hunting and fishing rights in the Girjas land management area. Rooted in Sami customary law, ILO Convention 169 and the UN Declaration of Indigenous Peoples, the verdict is a milestone in the development of Sami law in Sweden. It may also have an impact on the other Nordic countries, in particular Norway.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"148 1","pages":"19-21"},"PeriodicalIF":0.0,"publicationDate":"2020-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79362246","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-02-11DOI: 10.23865/ARCTIC.V11.1936
J. Klein, Kamrul Hossain
The following article revisits existing scholarship on human-centric approaches to security in cyberspace and argues that a holistic understanding of cyber security in the Arctic must include discussion of the use of cyber technology in the everyday lives of individuals and communities, addressing both the ways such tools enable and undermine human security. Simultaneously, the article contextualises the Arctic as a region undergoing rapid change as a result of climate change and increased digitalisation and seeks to understand the consequent implications for human security. In light of these considerations, the article analyses the existing constraints and possibilities that cyber security and digitalisation pose for human security and revisits them from a humancentric perspective of cyber security. It also seeks to contextualise such security influences in relation to the role of climate change and its influence on the region. Finally, several examples are discussed to underline the interdependent implications of digitalisation and climate change from a human-centric perspective of cyber security in the Arctic.
{"title":"Conceptualising Human-centric Cyber Security in the Arctic in Light of Digitalisation and Climate Change","authors":"J. Klein, Kamrul Hossain","doi":"10.23865/ARCTIC.V11.1936","DOIUrl":"https://doi.org/10.23865/ARCTIC.V11.1936","url":null,"abstract":"The following article revisits existing scholarship on human-centric approaches to security in cyberspace and argues that a holistic understanding of cyber security in the Arctic must include discussion of the use of cyber technology in the everyday lives of individuals and communities, addressing both the ways such tools enable and undermine human security. Simultaneously, the article contextualises the Arctic as a region undergoing rapid change as a result of climate change and increased digitalisation and seeks to understand the consequent implications for human security. In light of these considerations, the article analyses the existing constraints and possibilities that cyber security and digitalisation pose for human security and revisits them from a humancentric perspective of cyber security. It also seeks to contextualise such security influences in relation to the role of climate change and its influence on the region. Finally, several examples are discussed to underline the interdependent implications of digitalisation and climate change from a human-centric perspective of cyber security in the Arctic.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"146 1","pages":"1-18"},"PeriodicalIF":0.0,"publicationDate":"2020-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77870225","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-01DOI: 10.23865/arctic.v11.2431
Kristina Labba
Sámi law is the law of the Indigenous Sámi people. The territory where Sámi have historically lived is called Sápmi and encompasses parts of Norway, Sweden, Finland, and Russia. This article builds on the premise that Sámi law exists in Sápmi, in parallel with national laws. However, in terms of methodology and content, the scope of research on Sámi law compared to research about Indigenous law in Canada is limited. This article first describes an Indigenous law research methodology which approaches stories as a source of Indigenous law. The methodology was developed in Canada and applied to the Canadian Access to Justice and Reconciliation Project. The article then discusses this research methodology in relation to Sámi law.
{"title":"Sámi Law: A Methodological Approach1","authors":"Kristina Labba","doi":"10.23865/arctic.v11.2431","DOIUrl":"https://doi.org/10.23865/arctic.v11.2431","url":null,"abstract":"Sámi law is the law of the Indigenous Sámi people. The territory where Sámi have historically lived is called Sápmi and encompasses parts of Norway, Sweden, Finland, and Russia. This article builds on the premise that Sámi law exists in Sápmi, in parallel with national laws. However, in terms of methodology and content, the scope of research on Sámi law compared to research about Indigenous law in Canada is limited. This article first describes an Indigenous law research methodology which approaches stories as a source of Indigenous law. The methodology was developed in Canada and applied to the Canadian Access to Justice and Reconciliation Project. The article then discusses this research methodology in relation to Sámi law.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"65 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76702810","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-01DOI: 10.23865/arctic.v11.2336
E. Zmyvalova
In Russia, there exist legal norms providing for the protection of indigenous small-numbered peoples’ rights. Yet, indigenous small-numbered peoples face multiple challenges when it comes to the implementation of their rights. After a brief presentation of the Russian legislation on the rights of indigenous small-numbered peoples, peculiarities of the Russian legal system and impediments to the legal provisions regulating the status of indigenous small-numbered peoples, this article addresses several issues related to the implementation of indigenous small-numbered peoples’ rights in Russia today. One of the core issues is the attribution of individual members of indigenous communities to indigenous small-numbered peoples. Such an attribution is still challenging despite the newly adopted amendments to the 30 April 1999 Federal Law N 82-FL: ‘On Guarantees of the Rights of Indigenous Small-Numbered Peoples of the Russian Federation’. Another issue is application of the notion ‘foreign agent’ to individuals and non-commercial organizations. Still another issue is the State’s pressure on independent indigenous organizations. The final challenge is the possible impact of amendments to the Constitution approved by popular vote in July 2020 on the rights of indigenous small-numbered peoples.
{"title":"Human Rights of Indigenous Small-Numbered Peoples in Russia: Recent Developments","authors":"E. Zmyvalova","doi":"10.23865/arctic.v11.2336","DOIUrl":"https://doi.org/10.23865/arctic.v11.2336","url":null,"abstract":"In Russia, there exist legal norms providing for the protection of indigenous small-numbered peoples’ rights. Yet, indigenous small-numbered peoples face multiple challenges when it comes to the implementation of their rights. After a brief presentation of the Russian legislation on the rights of indigenous small-numbered peoples, peculiarities of the Russian legal system and impediments to the legal provisions regulating the status of indigenous small-numbered peoples, this article addresses several issues related to the implementation of indigenous small-numbered peoples’ rights in Russia today. One of the core issues is the attribution of individual members of indigenous communities to indigenous small-numbered peoples. Such an attribution is still challenging despite the newly adopted amendments to the 30 April 1999 Federal Law N 82-FL: ‘On Guarantees of the Rights of Indigenous Small-Numbered Peoples of the Russian Federation’. Another issue is application of the notion ‘foreign agent’ to individuals and non-commercial organizations. Still another issue is the State’s pressure on independent indigenous organizations. The final challenge is the possible impact of amendments to the Constitution approved by popular vote in July 2020 on the rights of indigenous small-numbered peoples.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"134 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84971838","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}