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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.
Special Editors: Nigel Bankes (Professor and Chair of Natural Resources Law, The University of Calgary and Adjunct Professor, KG Jebsen Centre for the Law of the Sea (JCLOS), UiT The Arctic University of Norway), Erik J. Molenaar (Deputy Director, Netherlands Institute for the Law of the Sea (NILOS), Utrecht University and Professor, KG Jebsen Centre for the Law of the Sea (JCLOS), UiT The Arctic University of Norway) and Tore Henriksen (Director, KG Jebsen Centre for the Law of the Sea (JCLOS), UiT The Arctic University of Norway). The Yearbook of Polar Law is based at the Faculty of Social Sciences and Law at the University of Akureyri in Iceland and the Arctic Centre of the University of Lapland, Finland and covers a wide variety of topics relating to the Arctic and the Antarctic. These include: - human rights issues, such as autonomy and self-government vs. self-determination, the rights of indigenous peoples to land and natural resources and cultural rights and cultural heritage, indigenous traditional knowledge, - local, national, regional and international governance issues, - environmental law, climate change, security and environment implications of climate change, protected areas and species, - regulatory, governance and management agreements and arrangements for marine environments, marine mammals, fisheries conservation and other biological/mineral/oil resources, - law of the sea, the retreating sea ice, continental shelf claims, - territorial claims and border disputes on both land and at sea, - peace and security, dispute settlement, - jurisdictional and other issues with regard to the exploration, exploitation and shipping of oil, gas and minerals, bio prospecting, - trade law, potential shipping lines through the northwest and northeast passages, maritime law and transportation law, and - the roles and actual involvement of international organisations in the Polar Regions, such as the Arctic Council, the Antarctic Treaty System, the European Union, the International Whaling Commission, the Nordic Council, the North Atlantic Treaty Organization, and the United Nations, as well as NGOs. The papers in this volume are principally based on presentations at the 11th Polar Law Symposium, held in Tromsø, Norway, in October 2018.
This book intends to inform the key participants in extractive projects – namely, the communities, the host governments and the investors – about good practice for effective community engagement, based on analysis of international standards and expectations, lessons from selected case-studies and innovations in public participation. The extent of extractive industries varies widely around the Arctic as do governmental and social attitudes towards resource development. Whilst most Arctic communities are united in seeking investment to fund education, healthcare, housing, transport and other essential services, as well as wanting to benefit from improved employment and business opportunities, they have different views as to the role that extractive industries should play in this. Within each community, there are multiple perspectives and the goal of public participation is to draw out these perspectives and seek consensus. Part I of the book analyses the international standards that have emerged in recent years regarding public participation, in particular, in respect of indigenous peoples. Part II presents six case studies that aim to identify both good and bad practices and to reflect upon the distinct conditions, needs, expectations, strategies and results for each community examined. Part III explores the importance of meaningful participation from a corporate perspective and identifies some common themes that require consideration if Arctic voices are to shape extractive industries in Arctic communities. In drawing together international law and standards, case studies and examples of good practice, this anthology is a timely and invaluable resource for academics, legal advisors and those working in resource development and public policy.
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.
Explores the unprecedented and rapid climate changes occurring in the Arctic environment. Climate change, one of the drivers of global change, is controversial in political circles, but recognized in scientific ones as being of central importance today for the United States and the world. In The Big Thaw, the editors bring together experts, advocates, and academic professionals who address the serious issue of how climate change in the Circumpolar Arctic is affecting and will continue to affect environments, cultures, societies, and economies throughout the world. The contributors discuss a variety of topics, including anthropology, sociology, human geography, community economics, regional development and planning, and political science, as well as biogeophysical sciences such as ecology, human-environmental interactions, and climatology. “This book offers a valuable compendium on a broad spectrum of issues associated with climate change, its implications, and human adaptation in the Arctic.” — Andrey N. Petrov, coauthor of Arctic Sustainability Research: Past, Present, and Future
This pivot introduces the Arctic Council and its role as a platform for dealing with local, national, regional and global challenges of relevance to the “new” Arctic. Against the backdrop of climate change and increasing commercial activity, it considers what a future Arctic should look like, from ideas of total protection to expansive oil and gas extraction. It examines the Arctic’s position on the political agenda, from Norway’s High North hype to a more peripheral place in the foreign policy of the US and explores the Council's role as an important international forum for dialogue and cooperation on Arctic challenges and opportunities, and a significant arena for developing knowledge and learning about a changing region.
Addressing the growing economic, political, and cultural presence of Asian states in the Arctic region, this timely book looks at how that presence is being evaluated and engaged with by Arctic states and their northern communities. A diverse range of authors addresses the question that underpins so much of this interest in Asian engagement with the northern latitudes: what do Asian countries want to gain from the Arctic?
This book investigates how the emergence of the Arctic as a new geopolitical arena affects and reshapes the area known as the North Atlantic: Greenland, Iceland, the Faroe Islands and coastal Norway. The relationship between the center of the former Danish empire and its subordinates have rested on (varying degrees of) asymmetric power relations, that are intertwined with political as well as emotional bonds. With climate change a whole new reality is emerging in the Arctic and sub-Arctic areas. Power is moving north, and new connections and partnerships are being developed. As the North Atlantic countries share a history as being part of a Danish empire, some of the hierarchies and mindsets inherited from the past still affect the present. This calls for an in-depth understanding of the cultural history of the North Atlantic as well as current relations. What narratives make up the foundation for contemporary cooperation? How are historical relations and narratives being reinterpreted today? How do postcolonial relations affect decision-making concerning natural resources? How do North Atlantic communities envision the future? A team of historians, literary theorists, art historians, ethno - graphers and culture and communication scholars with profound insight into the histories, languages and cultures of the North Atlantic have collaborated on this study of the North Atlantic countries as an emerging new center in the North. Foundations that made this publication possible: Carlsberg Foundation
Explores how the law of the sea can develop in support of the objectives of the United Nations climate regime.
This book takes an interdisciplinary approach to the complicated power relations surrounding the recognition and implementation of Indigenous Peoples’ rights at multiple scales. The adoption of the United Nations Declaration on the Rights of Indigenous Peoples in 2007 was heralded as the beginning of a new era for Indigenous Peoples’ participation in global governance bodies, as well as for the realization of their rights – in particular, the right to self-determination. These rights are defined and agreed upon internationally, but must be enacted at regional, national, and local scales. Can the global movement to promote Indigenous Peoples’ rights change the experience of communities at the local level? Or are the concepts that it mobilizes, around rights and political tools, essentially a discourse circulating internationally, relatively disconnected from practical situations? Are the categories and processes associated with Indigenous Peoples simply an extension of colonial categories and processes, or do they challenge existing norms and structures? This collection draws together the works of anthropologists, political scientists, and legal scholars to address such questions. Examining the legal, historical, political, economic, and cultural dimensions of the Indigenous Peoples' rights movement, at global, regional, national, and local levels, the chapters present a series of case studies that reveal the complex power relations that inform the ongoing struggles of Indigenous Peoples to secure their human rights. The book will be of interest to social scientists and legal scholars studying Indigenous Peoples’ rights, and international human rights movements in general.