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Articles 1 - 9 of 9
Full-Text Articles in Law
Habitat And Harvest: The Modern Scope Of Tribal Treaty Rights To Hunt And Fish, Whitney Angell Leonard
Habitat And Harvest: The Modern Scope Of Tribal Treaty Rights To Hunt And Fish, Whitney Angell Leonard
American Indian Law Journal
No abstract provided.
United States Policy And Norwegian Commercial Whaling: A Cooperative Approach, Jamie Nystrom
United States Policy And Norwegian Commercial Whaling: A Cooperative Approach, Jamie Nystrom
Seattle University Law Review
Both the United States and Norway have a long history of commercial whaling, but the mantle of dominance in the whaling world passed from the United States to Norway in the mid-nineteenth century. As demand for whale-based products declined in the United States over the past century, and environmentalism and conservationism became more popular public ideologies, the United States shifted from a pro-whaling nation to, effectively, an anti-whaling nation. Norway, however, has continued to be the only nation that openly engages in commercial whaling for profit, albeit on a smaller scale in comparison to historical practices. The United States’ past …
Oil And Gas In America's Arctic Ocean: Past Problems Counsel Precaution, Michael Levine, Peter Van Tuyn, Layla Hughes
Oil And Gas In America's Arctic Ocean: Past Problems Counsel Precaution, Michael Levine, Peter Van Tuyn, Layla Hughes
Seattle University Law Review
This Article provides context for the controversy facing government agencies charged with making decisions about the future of America’s Arctic Ocean. It then distill themes that, if addressed, could help further a lasting solution for this region that respects its natural and human values while crafting a reasonable path forward for decisions about development. First, this Article offers background about the region, the threats facing it, and some of the challenges in managing the natural resources there. Second, it provides an overview of the legal framework through which the United States government makes decisions about whether and under what conditions …
Extracting More Than Resources: Human Security And Arctic Indigenous Women, Victoria Sweet
Extracting More Than Resources: Human Security And Arctic Indigenous Women, Victoria Sweet
Seattle University Law Review
The circumpolar Arctic region is at the forefront of rapid change, and with change come potential threats to human security. Numerous factors determine what makes a state, a community, or an individual feel secure. For example, extractive industry development can bring economic benefits to an area, but these development projects also bring security concerns, including potential human rights violations. While security concerns connected with development projects have been studied in southern hemisphere countries and countries classified as “developing,” concerns connected with extractive industry development projects in “developed” countries like the United States have received little attention. This Article will change …
An Unfinished Joruney: Arctic Indigenous Rights, Lands, And Jurisdiction?, Tony Penikett
An Unfinished Joruney: Arctic Indigenous Rights, Lands, And Jurisdiction?, Tony Penikett
Seattle University Law Review
The indigenous rights movement has been defined as a struggle for land and jurisdiction. Over the last forty years, American and Canadian governments made much progress on the land question in the Arctic and sub-Arctic; however, from an irrational fear of the unknown, politicians in Washington, D.C. and Ottawa have effectively blocked the pathways to aboriginal jurisdiction or self-government. During the late-twentieth century in the Yukon, Northwest Territories, and Nunavut, as well as in Nisga’a territory, indigenous governments negotiated local government powers, but continent-wide progress on the question of indigenous jurisdiction has stalled. This Article considers the formation and implementation …
Conceptualizing Climate Justice In Kivalina, Marissa Knodel
Conceptualizing Climate Justice In Kivalina, Marissa Knodel
Seattle University Law Review
Due to climate change, indigenous communities in Alaska are forced to develop in ways that adversely affect their livelihoods and culture. For example, decreases in sea ice, increases in the frequency of sea storms, and melting permafrost have so accelerated the erosion of one barrier island that an entire village faces relocation. These indigenous communities, which have contributed little to causing climate change, are limited in their ability to adapt. After examining three broad questions about the effects of climate change on indigenous communities, this Article reaches four preliminary conclusion about relocation as a climate adaptation strategy and its relations …
Fisheries Governance And How It Fits Within The Broader Arctic Governance, Adam Soliman
Fisheries Governance And How It Fits Within The Broader Arctic Governance, Adam Soliman
Seattle University Law Review
Climate change is causing the Arctic ice to melt and fish stocks to change their migration patterns. These changes are increasing access to Arctic fisheries, as well as moving other fish stocks to the north. To prevent the depletion of fish stocks and to protect the Arctic environment, proper fisheries governance requires collaboration between nation-states and specific populations. Fisheries present unique governance and management issues. Unlike other natural resources, fish stocks do not stay in the same place. The non-stationary nature of fish stocks, along with shared sovereignty over the oceans, make coordination between stakeholders the most difficult as well …
Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation, In The Arctic, Taylor Simpson-Wood
Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation, In The Arctic, Taylor Simpson-Wood
Seattle University Law Review
For more than two centuries, the imagination of mariners has been captured by visions of a trade route across the Arctic Sea allowing vessels to travel from the Atlantic to the Pacific Ocean. Known as the Northwest Passage, this fabled route is a time- and money-saving sea lane running from the Atlantic Ocean Arctic Circle to the Pacific Ocean Arctic Circle. Now, the thinning of the ice in the Arctic may transform what was once only a dream into a reality. New shipping lanes linking the Atlantic and Pacific oceans are likely to open between 2040 and 2059. If loss …
Sue And Settle: Demonizing The Environmental Citizen Suit, Stephen M. Johnson
Sue And Settle: Demonizing The Environmental Citizen Suit, Stephen M. Johnson
Seattle University Law Review
In the spring of 2013, industry groups and states began a concerted lobbying effort to oppose citizen enforcement of the federal environmental laws. The United States Chamber of Commerce and lobbyists for states created a catch-phrase—“sue and settle”—to demonize citizen enforcement and the federal government’s practice of settling lawsuits it is destined to lose in court. The Chamber alleged that the federal government, by settling lawsuits brought by citizens groups rather than defending them in court, was colluding with those non-governmental organizations and excluding other affected parties to reallocate the agencies’ priorities and obligations. Federal environmental laws establish a central …