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Global energy problems will remain a challenge in the coming decades. The impact of climate change and the melting of polar sea ice opening up access to offshore hydrocarbon resources in the Arctic Ocean, raises questions for both civil society and the scientific community over drilling opportunities in Arctic marine areas. Disparities in approach to the governance of oil and gas extraction in the Arctic arise from fundamental differences in histories, cultures, domestic constraints and substantive values and attitudes in the Arctic coastal states and sub-states. Differing political systems, legal traditions and societal beliefs with regard to energy security and economic development, environmental protection, legitimacy of decision making, and the ownership and respect of the rights of indigenous people, all affect how governance systems of oil and gas extraction are designed. Using a multidisciplinary approach and case studies from the USA, Norway, Russia, Canada, Greenland/Denmark and the EU, this book both examines the current governance of extraction and its effects and considers ways to enhance the efficiency of environmental management and public participation in this system.
Global energy problems will remain a challenge in the coming decades. The impact of climate change and the melting of polar sea ice opening up access to offshore hydrocarbon resources in the Arctic Ocean, raises questions for both civil society and the scientific community over drilling opportunities in Arctic marine areas. Disparities in approach to the governance of oil and gas extraction in the Arctic arise from fundamental differences in histories, cultures, domestic constraints and substantive values and attitudes in the Arctic coastal states and sub-states. Differing political systems, legal traditions and societal beliefs with regard to energy security and economic development, environmental protection, legitimacy of decision making, and the ownership and respect of the rights of indigenous people, all affect how governance systems of oil and gas extraction are designed. Using a multidisciplinary approach and case studies from the USA, Norway, Russia, Canada, Greenland/Denmark and the EU, this book both examines the current governance of extraction and its effects and considers ways to enhance the efficiency of environmental management and public participation in this system.
The Arctic region plays an important role in regulating the world’s climate and is also highly impacted by climate change, with average temperatures rising almost twice as fast as the rest of the world and sea ice melting much faster than previously predicted. These rapid changes will have significant impacts on human activity in the region and on the Arctic marine environment. This book draws on the results of the 2008-2009 Arctic TRANSFORM project, funded by the European Commission‘s Directorate General of External Relations, which engaged experts in a transatlantic discussion on the roles of the European Union and United States in light of the Arctic’s changing climate and political and legal complexities. . The book addresses the significant changes and developments in the marine Arctic, with descriptions and recommendations reflecting the current governance environment. A comprehensive overview of environmental governance and sustainable development in the Arctic is created. Chapters explore impacts and activities by sector, looking at fisheries, shipping, and offshore hydrocarbon in the Arctic, and at policy options and strategies for improving marine governance in the region. A particular focus is given to the roles of the European Union and United States and opportunities for cooperation to enhance Arctic environmental governance. .
Offshore Oil and Gas Development in the Arctic under International Law explores the international legal framework for hydrocarbon development in the marine Arctic. It presents an assessment of the careful balance between States’ sovereign rights to their resources, their obligations to uphold the rights of Arctic inhabitants and their duty to prevent injury to other States. It examines the rights of indigenous and other Arctic populations, the precautionary approach, the environmental impact assessment and the duty to monitor offshore hydrocarbon activities. It also analyses the application of the international law of responsibility in the event that the State fails to meet its primary obligations in the absence of a State’s wrongful conduct.
The Polar North is known to be home to large gas and oil reserves and its position holds significant trading and military advantages, yet the maritime boundaries of the region remain ill-defined. In the twenty-first century the Arctic is undergoing profound change. As the sea ice melts, a result of accelerating climate change, global governance has become vital. In this first of three volumes, the latest research and analysis from the Fridtjof Nansen Institute, the world's leading Arctic research body, is brought together. Arctic Governance: Law and Politics investigates the legal and political order of the Polar North, focusing on governance structures and the Law of the Sea. Are the current mechanisms at work effective? Are the Arctic states' interests really clashing, or is the atmosphere of a more cooperative nature? Skilfully delineating policy in the region and analysing the consequences of treaty agreements, Arctic Governance's uncovering of a rather orderly 'Arctic race' will become an indispensable contribution to contemporary International Relations concerning the Polar North.
This book presents the latest scientific views on resource use conflicts in the Arctic seas. The main areas of focus are the biological resources of Arctic seas vs. exploitation of oil and gas resources, and the conflicts in between. In addition, climate change is presented as a stressor, which both limits and facilitates the economic availability of resources in the Arctic. The book is divided into five parts. Part 1 examines Arctic ecosystems, resilience of the marine environment and possible conflicts between industrial sector and biological world. The focus of Part 2 is on transport infrastructure along the northern routes. Issues such as Arctic maritime operations, black carbon and unmanned aerial vehicles are considered. Part 3 focuses on resource use conflicts in Arctic seas and on the most recent threats in terms of Arctic oil and gas exploration, offshore logistics operations as well as transportation of oil and oil products. Discussions in Part 4 of the book are concentrated around social aspects and involvement of local communities. Tourism development, preservation of indigenous culture, engagement of communities on relevant Arctic issues, search and rescue in the cold marine environment are examples of questions raised. The book reviews Arctic-specific petroleum regulations, the state of preparedness to oil spill accidents in the region as well as the latest developments in oil spill response technologies and their limitations. Search and rescue operations are reviewed and how working in this harsh Arctic environment affects the ability of rescue technicians to perform the required technical skills. Part 5 considers the sustainability challenges arising from the marine resource exploitation. The focus is on the vulnerability of Arctic ecosystems to disturbance – both natural and anthropogenic.
The Changing Arctic and the European Union provides a balanced and up-to-date overview of the multidimensional change taking place in the Arctic regions. Against this background, the role of the European Union regarding Arctic developments is considered, including the ongoing process of formulating an umbrella EU Arctic policy. In particular, the themes of climate change, maritime transport, fisheries, offshore oil and gas extraction, mining, land use and sociocultural change are discussed. The book comprises primarily an updated and expanded version of the report Strategic Assessment of Development of the Arctic: An assessment conducted for the European Union, produced for the European Commission. The report was to a great extent based on the interaction with Arctic stakeholders.
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.
The Polar North is known to be home to large gas and oil reserves and its positionholds signifi cant trading and military advantages, yet the maritime boundaries of the region remain ill-defined. In the twenty-first century the Arctic is undergoing profound change. As the sea ice melts, a result of accelerating climate change, global governance has become vital. In this first of three volumes, the latest research and analysis from the Fridtjof Nansen Institute, the world's leading Arctic research body, is brought together. Arctic Governance: Law and Politics investigates the legal and political order of the Polar North, focusing on governance structures and the Law of the Sea. Are the current mechanisms at work effective? Are the Arctic states' interests really clashing, or is the atmosphere of a more cooperative nature? Skilfully delineating policy in the region and analysing the consequences of treaty agreements, Arctic Governance's uncovering of a rather orderly 'Arctic race' will become an indispensable contribution to contemporary International Relations concerning the Polar North.
Transnational tendencies have led to a pluralistic legal environment in which emerging and established legal actors, regulatory levels and types of legal norms co-exist, compete and interact in complex ways. This challenges and changes not only how legal norms are created, applied and enforced but also when these actors, norms and processes are considered legitimate. The book investigates how states and non-state actors interact in transnational settings and pays attention to the understudied question of what effect transnational tendencies have on the legitimacy of legal actors, norms and processes. It seeks to confront three fundamental questions: Has legitimacy significantly changed? Who creates norms and with which consequences for legal procedures and norms? The book considers the question of legitimacy from a broad range of legal perspectives, including environmental law, human rights law and commercial law. It maps out the contours of legitimacy today with an emphasis on the reactions of central actors like states and courts to transnational tendencies. The book thereby provides a conceptually powerful structure within which to further debate the complexity of transnational tendencies in law and proposes innovative approaches to problem solving while designing pathways for further reflection on the development of law in a transnational context.