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Current Polar law developments indicate that both the Arctic and the Antarctica will continue to be the focus of growing scientific, international, political, media and public discourse for the foreseeable future. The regulation of resources and associated issues form one of the key areas of Polar law and will thus continue to constitute the crux of legal, geopolitical, socio-economic, and environmental developments. An overview of Polar law questions and topical developments was provided in the pioneering 2010 Polar Law Textbook and in the 2013 Polar Law Textbook II both of which covered a number of topics relevant to the Polar resources debate. Building on this work, this new volume focuses on topical issues of law and resource development in the Polar Regions and covers topics of current and emergent resource-related issues mainly from a legal and political perspective.
This timely Research Handbook explores the concept of polar law as a coherent body of law and as a set of rules and principles that applies to both the Arctic and Antarctic. It captures the evolution of polar law and policy, identifying future directions for research in this emerging and growing field.
The idea for this textbook developed from the recognition of the need to disseminate information about Polar Law as an emerging field of legal studies - an area of study long overdue greater recognition. Developments in the Polar Regions - the Arctic and Antarctica - are now the subject of growing interest and importance. They concern a divergent range of global and regional development issues and beg further inquiry into the role of law in dealing with many of these issues. This textbook is the first educational material of its kind. It attempts to illustrate the importance of legal values in addressing various challenges across the Nordic region, among remote Arctic communities and globally. The textbook focuses on the various developments in international and domestic law concerning the Polar Regions (e.g., issues of environmental law, law of the sea, resources, human rights law and Indigenous peoples' rights, etc.). By looking at linkages between different areas of law and the other social sciences, the textbook also explores the relevant aspects of the economic, social and political developments affecting both Polar areas (e.g., questions of Polar governance, economics, and the political situation in some of the Arctic areas)
Analysing the most important concepts and problems of the philosophy of polar law, this book focuses on the legal regimes relating to both the Arctic and Antarctic. The book addresses the most fundamental concepts and problems of polar law, looking beyond the apparent biophysical similarities and differences of the two polar regions, to tackle the distinctive legal problems relating to each polar region. It examines key legal–philosophical areas of the philosophy of law around legal interpretation; the role of nation states, reflected in concepts of territorial sovereignty – whether recognised or merely asserted, the exercise of jurisdiction, and the philosophical justifications for such claims; as well as indigenous rights, land rights, civil commons and issues of justice. The book will be of interest to students and scholars of polar law, land law, heritage law, international relations in the polar regions and the wider polar social sciences and humanities.
The polar regions (the Arctic and Antarctic) have enjoyed widespread public attention in recent years, as issues of conservation, sustainability, resource speculation and geopolitical manoeuvring have all garnered considerable international media inter
Bringing together leading scholars from across a diverse range of disciplines, this unique book examines a key question: How can we best conserve marine living resources in the Polar regions, where climate change effects and human activities are particularly pressing? Part one of this timely book focuses on Antarctica, centring on the evolving work of the Commission for the Conservation of Antarctic Marine Living Resources in managing the marine living resources of the Southern Ocean. Part two explores the multi-level governance regime in the Arctic, analysing the central Arctic Ocean fisheries agreement, the role of the Arctic Council and law and governance in Arctic states. Finally, part three considers some of the new challenges and opportunities, including new technology, bioprospecting and dispute settlement. Providing a comprehensive assessment of the governance regimes of marine living resources in the Polar regions, this book will be of great interest to academics, NGOs, international organizations and government officials, whilst also being a key resource for practitioners working in the fisheries industries.
The Arctic is an increasingly important region faced with major challenges caused not only by the effects of climate change, but also by a growing interest in its living and non-living resources, its attraction as a new destination for tourism, and as a route for navigation. It is not only the eight Arctic States that have paid an increased level of attention to the region; several non-Arctic actors from Asia and Europe also seek to gain more influence in the High North. At the same time, the evolving law and policy architecture for the Arctic region has recently played a more prominent role in the political and academic debate. Unlike Antarctica, where the coherent Antarctic Treaty System governs international cooperation, the legal regime of Arctic affairs is based on public international law, domestic law, and 'soft law'. These three pillars intersect and interact making Arctic governance multi-faceted and highly complex. This book provides an analytical introduction, a chronology of legally relevant events, and a selection of essential materials covering a wide range of issues-eg delineation and delimitation of maritime boundaries, environmental protection, indigenous peoples' rights, shipping, and fisheries. Included are multilateral and bilateral treaties, UN documents, official statements, informal instruments, domestic laws, and diplomatic correspondence.
Sets out the international law relevant to the Arctic, from indigenous peoples to environmental protection to oil and gas exploration.
Bringing together interconnected discussions to make explicit the complexity of the Arctic region, this book offers a legal discussion of the ongoing territorial disputes and challenges in order to frame their impact into the viability of different governance strategies that are available at the national, regional and international level. One of the intrinsic features of the region is the difficulty in the determination of boundaries, responsibilities and interests. Against this background, sovereignty issues are intertwined with environmental and geopolitical issues that ultimately affect global strategic balances and international trade and, at the same time, influence national approaches to basic rights and organizational schemes regarding the protection of indigenous peoples and inhabitants of the region. This perspective lays the ground for further discussion, revolving around the main clusters of governance (focusing on the Arctic Council and the European Union, with the particular roles and interest of Arctic and non-Arctic states, and the impact on indigenous populations), environment (including the relevance of national regulatory schemes, and the intertwinement with concerns related to energy, or migration), strategy (concentrating in geopolitical realities and challenges analysed from different perspectives and focusing on different actors, and covering security and climate change related challenges). This collection provides an avenue for parallel and converging research of complex realities from different disciplines, through the expertise of scholars from different latitudes.