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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.
International Polar Law brings together seminal articles and essays on the law of the polar regions. This single volume traces the historical development of polar law in the Arctic and Antarctic and then analyses in detail the specific legal regimes that have developed for both regions. Common elements assist in the assessment of recent and future developments in international polar law as it has evolved from a narrow legal discourse into one that reflects a significant body of international law for regions that have increasing importance in global affairs. With an original introduction by the editors, this collection will be a valuable resource for students, academics and practitioners.
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.
Sets out the international law relevant to the Arctic, from indigenous peoples to environmental protection to oil and gas exploration.
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.
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)
Introduction -- International environmental governance and non-governmental actors -- The participation on non-governmental actors in climate change law-making and governance -- Non-governmental actors and a changing climate : learning from Arctic Indigenous peoples -- Climate change litigation : a bottom-up approach to climate change governance -- A human rights-based approach to climate change : improving the participation of non-governmental actors in international climate change law-making -- Concluding remarks-towards a new significance for non-governmental actors in international climate change governance : a proposal for the future.
A review of international law in the polar regions and its importance to the environment and to international relations.
International Law and Politics of the Arctic Ocean: Essays in Honor of Donat Pharand is a collection of essays in honor of Professor emeritus Donat Pharand by leading Arctic experts from around the globe. The volume offers a clear, concise and detailed analysis of many of the issues an expanded use of the Arctic Ocean raises and of critical importance for the legal and political processes unfolding in the Arctic region.
Increased global interest in the Arctic poses challenges to contemporary international relations and many questions surround exactly why and how Arctic countries are asserting their influence and claims over their northern reaches and why and how non-Arctic states are turning their attention to the region. Despite the inescapable reality in the growth of interest in the Arctic, relatively little analysis on the international relations aspects of such interest has been done. Traditionally, international relations studies are focused on particular aspects of Arctic relations, but to date there has been no comprehensive effort to explain the region as a whole. Literature on Arctic politics is mostly dedicated to issues such as development, the environment and climate change, or indigenous populations. International relations, traditionally interested in national and international security, has been mostly silent in its engagement with Arctic politics. Essential concepts such as security, sovereignty, institutions, and norms are all key aspects of what is transpiring in the Arctic, and deserve to be explained in order to better comprehend exactly why the Arctic is of such interest. The sheer number of states and organizations currently involved in Arctic international relations make the region a prime case study for scholars, policymakers and interested observers. In this first systematic study of Arctic international relations, Robert W. Murray and Anita Dey Nuttall have brought together a group of the world's leading experts in Arctic affairs to demonstrate the multifaceted and essential nature of circumpolar politics. This book is core reading for political scientists, historians, anthropologists, geographers and any other observer interested in the politics of the Arctic region.