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This textbook represents the outcome of a cooperative process between an international group of well-known experts in the area of Polar law and related studies. Polar Law Textbook II further draws upon Polar law as an evolving and developing field of studies which is gaining increasing recognition and intersects with many other areas in the social sciences and humanities. It explores a variety of legal issues in the Arctic and Antarctica (i.e., questions of human rights law, environmental law, law of the sea, continental shelf, climate change, energy law, resources, indigenous peoples' rights, etc.,) but also covers the relevant aspects of geopolitics, security, governance, search and rescue, biodiversity, devolution, institutions (e.g., the Arctic Council) and political developments.
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)
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.
Polar law describes the normative frameworks that govern the relationships between humans, States, Peoples, institutions, land and resources in the Arctic and the Antarctic. These two regions are superficially similar in terms of natural environmental conditions but the overarching frameworks that apply are fundamentally different. The Routledge Handbook of Polar Law explores the legal orders in the Arctic and Antarctic in a comparative perspective, identifying similarities as well as differences. It points to a distinct discipline of "Polar law" as the body of rules governing actors, spaces and institutions at the Poles. Four main features define the collection: the Arctic-Antarctic interface; the interaction between global, regional and domestic legal regimes; the rights of Indigenous Peoples; and the increasing importance of private law. While these broad themes have been addressed to varying extents elsewhere, the editors believe that this Handbook brings them together to create a comprehensive (if never exhaustive) account of what constitutes Polar law today. Leading scholars in public international and private law as well as experts in related fields come together to offer unique insights into polar law as a burgeoning discipline.
The goals of the second volume of the AHDR – Arctic Human Development Report: Regional Processes and Global Linkages – are to provide an update to the first AHDR (2004) in terms of an assessment of the state of Arctic human development; to highlight the major trends and changes unfolding related to the various issues and thematic areas of human development in the Arctic over the past decade; and, based on this assessment, to identify policy relevant conclusions and key gaps in knowledge, new and emerging Arctic success stories. The production of AHDR-II on the tenth anniversary of the first AHDR makes it possible to move beyond the baseline assessment to make valuable comparisons and contrasts across a decade of persistent and rapid change in the North. It addresses critical issues and emerging challenges in Arctic living conditions, quality of life in the North, global change impacts and adaptation, and Indigenous livelihoods. The assessment contributes to our understanding of the interplay and consequences of physical and social change processes affecting Arctic residents’ quality of life, at both the regional and global scales. It shows that the Arctic is not a homogenous region. Impacts of globalization and environmental change differ within and between regions, between Indigenous and non-Indigenous northerners, between genders and along other axes.
The Arctic has again become one of the leading issues on the international foreign policy agenda, in a manner unseen since the Cold War. Drawing on the perspectives of geo-politics and international law, this Handbook offers fresh insights and perspectives on the most pressing issues, grouped under the headings of political ascendancy, climate and environmental issues, resources and energy, and the response and policies of affected countries.
The UN Convention on the Law of the Sea (UNCLOS), signed in 1982 and going into force in 1994, was the product of intensive international debates from the 1950s onward. UNCLOS continues to be the subject of vital debates on new initiatives that seek to clarify or expand the scope of the ocean regime. In Ocean Law Debates: The 50-Year Legacy and Emerging Issues for the Years Ahead, distinguished authors analyze the content of these debates, providing both historical perspectives and keen analyses of present-day issues. Several chapters focus on the contributions to debates over half a century’s time by the Law of the Sea Institute, including the controversies involving maritime delimitation issues, creation of marine fisheries law, and responses to the manifold challenges posed by dramatic advances in science and technology. Complementing these historical perspectives, a section of five chapters offers critical discussion of today’s movement to create a regime to sustain biodiversity in the Area Beyond National Jurisdiction. Finally, the volume offers diverse perspectives on the implementation and judicial interpretation of UNCLOS, international whaling regulation, Arctic regional issues, seabed mining problems, the geopolitics of Marine Protected Area declarations, and the role of the IMO in responding to climate change.
Ocean and coastal law has grown rapidly in the past three decades as a specialty area within natural resources law and environmental law. The protection of oceans has received increased attention in the past decade because of sea-level rise, ocean acidification, the global overfishing crisis, widespread depletion of marine biodiversity such as marine mammals and coral reefs, and marine pollution. Paralleling the growth of ocean and coastal law, climate change regulation has emerged as a focus of international environmental diplomacy, and has gained increased attention in the wake of disturbing and abrupt climate change related impacts throughout the world that have profound implications for ocean and coastal regulation and marine resources. Climate Change Impacts on Ocean and Coastal Law effectively unites these two worlds. It raises important questions about whether and how ocean and coastal law will respond to the regulatory challenges that climate change presents to resources in the oceans and coasts of the U.S. and the world. This comprehensive work assembles the insights of global experts from academia and major NGOs (e.g., Center for International Environmental Law, Ocean Conservancy, and Environmental Law Institute) to address regulatory challenges from the perspectives of U.S. law, foreign domestic law, and international law.
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.