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Articles 1 - 21 of 21
Full-Text Articles in Law
Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, Ganeswar Matcha, Sudarsanan Sivakumar
Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, Ganeswar Matcha, Sudarsanan Sivakumar
Sustainable Development Law & Policy
This paper analyses the governance machine in place at the Arctic and examines the application of the principles of “common heritage of mankind” at the Arctic. This paper also offers some tentative propositions aimed at protecting Out Bound investment rights and how the World Trade Organization or other countries, like the U.S., can intercede in the Arctic investment sphere and attempt to regulate along with the United Nations Convention for the Law of the Sea.
Unclos, Undrip & Tartupaluk: The Grim Tale Of Hans Isle And Graense, Christopher Mark Macneill
Unclos, Undrip & Tartupaluk: The Grim Tale Of Hans Isle And Graense, Christopher Mark Macneill
Sustainable Development Law & Policy
“Inuit have lived in the Arctic from time immemorial.” The Arctic, in the face of climate change, has become a hot spot for exploration, resource extraction, and increased shipping and scientific activity. “[The] Inuit . . . have had a common and shared use of the sea area and the adjacent coasts” among their own communities, and contemporaneously with the world. This vast circumpolar Inuit Arctic region includes land, sea, and ice stretching from eastern Russia (Chukotka region) across the Berring Strait, to Alaska, the Canadian Arctic, and Greenland, representing an Inuit homeland known as Nunaat. Hans Isle, a small …
Arctic Conflicts & Russian Foreign Policy, Tania Röttger, Theocharis N. Grigoriadis
Arctic Conflicts & Russian Foreign Policy, Tania Röttger, Theocharis N. Grigoriadis
Georgia Journal of International & Comparative Law
In this paper, we analyze the intersections of legal and political dispute resolution methods in Arctic territorial disputes involving Russia and several Western governments, including Canada and the United States. There are two current disputes. The first dispute concentrates on the Lomonosov Ridge, a geological feature that runs near the North Pole and has been used by three states to claim the North Pole as part of their continental shelf. The second dispute deals with the legal status of the Northern Sea Route. Our paper evaluates the tradeoffs between the legal and political constraints in these disputes between Russia and …
Overview: Will Great Power Politics Threaten Arctic Sustainability?, Yoon Hyung Kim, Oran R. Young, Robert W. Corell, Lawson W. Brigham, Jong Deog Kim, Arild Moe, Charles E. Morrison, David Vanderzwaag
Overview: Will Great Power Politics Threaten Arctic Sustainability?, Yoon Hyung Kim, Oran R. Young, Robert W. Corell, Lawson W. Brigham, Jong Deog Kim, Arild Moe, Charles E. Morrison, David Vanderzwaag
Reports & Public Policy Documents
The eight Arctic states (Canada, Denmark/Greenland, Finland, Iceland, Norway, Sweden, the Russian Federation, and the United States) wish to maintain a position of preeminence when it comes to dealing with matters of Arctic Ocean governance. However, major non-Arctic states, while recognizing the sovereign rights of the coastal states in their economic zones and on their continental shelves, have growing interests in the maritime Arctic relating to activities such as commercial shipping, oil and gas development, fishing and ship-based tourism. They are increasingly claiming to have a legitimate interest in being consulted when it comes to addressing matters relating to the …
The Arctic In World Affairs: A North Pacific Dialogue On Will Great Power Politics Threaten Arctic Sustainability, Lawson W. Brigham, Robert W. Corell, Jong Deog Kim, Yoon Hyung Kim, Arild Moe, Charles E. Morrison, David Vanderzwaag, Oran R. Young
The Arctic In World Affairs: A North Pacific Dialogue On Will Great Power Politics Threaten Arctic Sustainability, Lawson W. Brigham, Robert W. Corell, Jong Deog Kim, Yoon Hyung Kim, Arild Moe, Charles E. Morrison, David Vanderzwaag, Oran R. Young
Reports & Public Policy Documents
The eight Arctic states (Canada, Denmark/Greenland, Finland, Iceland, Norway, Sweden, the Russian Federation, and the United States) wish to maintain a position of preeminence when it comes to dealing with matters of Arctic Ocean governance. However, major non-Arctic states, while recognizing the sovereign rights of the coastal states in their economic zones and on their continental shelves, have growing interests in the maritime Arctic relating to activities such as commercial shipping, oil and gas development, fishing and ship-based tourism. They are increasingly claiming to have a legitimate interest in being consulted when it comes to addressing matters relating to the …
How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge
How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
The Opportunity Costs Of Ignoring The Law Of Sea Convention In The Arctic, James W. Houck
The Opportunity Costs Of Ignoring The Law Of Sea Convention In The Arctic, James W. Houck
James Houck
The paper begins by briefly surveying the extent to which the convention’s provisions intersect with United States interests in the Arctic. Not surprisingly, there is extensive overlap. The paper then reviews arguments that UNCLOS is irrelevant or even antithetical to achieving these important U.S. interests. After critiquing the anti-UNCLOS arguments, the paper examines the case for UNCLOS. The paper focuses in particular on U.S. interests on the Arctic seafloor, arguing that these interests are extensive and that accession would help avert a wide range of potential political, legal, and regulatory challenges from foreign governments and corporations. The possibility of such …
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Articles
In this section: • United States and France Sign Agreement to Compensate Holocaust Victims • United States Conducts Naval Operation Within Twelve Nautical Miles of Spratly Islands in the South China Sea, Prompting Protests from China • United States Pursues Bilateral and Multilateral Initiatives in and Around the Arctic
The Contribution Of The International Tribunal For The Law Of The Sea To The Development Of The Current International Law Of The Sea, With Special Reference To The Polar Regions, Gabriela A. Oanta Associate Professor Of Public International Law
The Contribution Of The International Tribunal For The Law Of The Sea To The Development Of The Current International Law Of The Sea, With Special Reference To The Polar Regions, Gabriela A. Oanta Associate Professor Of Public International Law
Gabriela A. Oanta Associate professor of public international law
This article analyzes the contribution of the International Tribunal for the Law of the Sea (ITLOS) to the development of the international law of the sea. On the hand, the mechanism of dispute settlement provided by UNCLOS and other international agreements adopted in the last thirty years approximately over the oceans and seas will be studied. And on the other hand, this article presents an analysis of the past, present and future activity of the International Tribunal for the Law of the Sea with regard to the two polar regions, the Arctic and the Antarctica. Antarctica lato sensu has received …
Arctic Climate Change And U.S. Accession To The United Nations Convention On The Law Of The Sea, Raul (Pete) Pedrozo
Arctic Climate Change And U.S. Accession To The United Nations Convention On The Law Of The Sea, Raul (Pete) Pedrozo
International Law Studies
No abstract provided.
The Opportunity Costs Of Ignoring The Law Of Sea Convention In The Arctic, James W. Houck
The Opportunity Costs Of Ignoring The Law Of Sea Convention In The Arctic, James W. Houck
Journal Articles
The paper begins by briefly surveying the extent to which the convention’s provisions intersect with United States interests in the Arctic. Not surprisingly, there is extensive overlap. The paper then reviews arguments that UNCLOS is irrelevant or even antithetical to achieving these important U.S. interests. After critiquing the anti-UNCLOS arguments, the paper examines the case for UNCLOS. The paper focuses in particular on U.S. interests on the Arctic seafloor, arguing that these interests are extensive and that accession would help avert a wide range of potential political, legal, and regulatory challenges from foreign governments and corporations. The possibility of such …
North American Futures: Canadian & U.S. Perspectives, Managing The Arctic, David Caron
North American Futures: Canadian & U.S. Perspectives, Managing The Arctic, David Caron
David D. Caron
Presentation and discussion of issues relevant to balanced Arctic exploration, multilateral cooperation policy, growth and development and political-economic perspectives.
Russia And The Arctic: Opportunities For Engagement Within The Existing Legal Framework , Michael A. Becker
Russia And The Arctic: Opportunities For Engagement Within The Existing Legal Framework , Michael A. Becker
American University International Law Review
No abstract provided.
Climate Change And Biodiversity In Polar Regions, Ahmed Djoghlaf
Climate Change And Biodiversity In Polar Regions, Ahmed Djoghlaf
Sustainable Development Law & Policy
No abstract provided.
A Right To Ice?: The Application Of International And National Water Laws To The Acquisition Of Iceberg Rights, Bryan S. Geon
A Right To Ice?: The Application Of International And National Water Laws To The Acquisition Of Iceberg Rights, Bryan S. Geon
Michigan Journal of International Law
This note first reviews in Part I the history and potential of the idea of iceberg utilization. Part II then briefly examines the relevant sources of international law relating to iceberg acquisition. Finding that the standard sources of international law, such as conventions and international custom, currently provide inadequate guidance in this area. The note in Part III then searches for general principles embodied in the three major regimes of national water law: riparian rights, prior appropriation, and administrative allocation. Finally, it outlines in Part IV what an iceberg appropriation regime might look like under each regime.
Canada's Sovereignty Over The Northwest Passage, Donat Pharand
Canada's Sovereignty Over The Northwest Passage, Donat Pharand
Michigan Journal of International Law
In 1968, when this writer published "Innocent Passage in the Arctic," Canada had yet to assert its sovereignty over the Northwest Passage. It has since done so by establishing, in 1985, straight baselines around the whole of its Arctic Archipelago. In August of that year, the U. S. Coast Guard vessel Polar Sea made a transit of the Northwest Passage on its voyage from Thule, Greenland, to the Chukchi Sea. Having been notified of the impending transit, Canada informed the United States that it considered all the waters of the Canadian Arctic Archipelago as historic internal waters and that a …
Emerging Legal Problems Of The Deep Seas And Polar Regions, Richard B. Bilder
Emerging Legal Problems Of The Deep Seas And Polar Regions, Richard B. Bilder
International Law Studies
No abstract provided.
Index Volume 61 Role Of International Law And An Evolving Ocean Law
Index Volume 61 Role Of International Law And An Evolving Ocean Law
International Law Studies
No abstract provided.
International Law Of The Sea A Review Of States' Offshore Claims And Competences, Louis F.E. Goldie
International Law Of The Sea A Review Of States' Offshore Claims And Competences, Louis F.E. Goldie
International Law Studies
No abstract provided.
Index Volume 61 Role Of International Law And An Evolving Ocean Law
Index Volume 61 Role Of International Law And An Evolving Ocean Law
International Law Studies
No abstract provided.
The Canadian Arctic Waters Pollution Prevention Act: New Stresses On The Law Of The Sea, Richard B. Bilder
The Canadian Arctic Waters Pollution Prevention Act: New Stresses On The Law Of The Sea, Richard B. Bilder
Michigan Law Review
The Canadian Pollution Prevention Act is of interest in several respects. It opens a new round in the historic and multifaceted struggle over freedom of the seas. It raises complex questions of international law and policy regarding the legal regime of Arctic waters, the concept of contiguous zones, the status of waters within archipelagoes, and the doctrines of innocent passage and international straits. It illustrates both the perception of an increasing number of coastal states that existing international law and international arrangements are inadequate to protect their legitimate interests, and the strong pressures within such states for unilateral action to …