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Articles 1 - 15 of 15
Full-Text Articles in Law
Strengthen Arctic Governance To Stop Russian And Chinese Overreach, Mark T. Vicik
Strengthen Arctic Governance To Stop Russian And Chinese Overreach, Mark T. Vicik
The US Army War College Quarterly: Parameters
This article argues shortfalls in the international institutions governing the Arctic have allowed Russia and China to expand control over the region. It provides an overview of regional governance and power dynamics, outlines a three-part approach to correcting deficiencies, highlights attempts by Russia and China to circumvent international governance, examines how the Arctic’s governing institutions address Russian and Chinese growth in the region, and focuses on the institutional failures that have allowed Russia and China to expand—failures academic scholarship and US policy have not adequately addressed. Practitioners will find specific steps for rectifying issues with Arctic institutions to support the …
Indigenous Rights And Interests In A Changing Arctic Ocean: Canadian And Russian Experiences And Challenges, Anna Sharapova, Sara L. Seck, Sarah L. Macleod, Olga Koubrak
Indigenous Rights And Interests In A Changing Arctic Ocean: Canadian And Russian Experiences And Challenges, Anna Sharapova, Sara L. Seck, Sarah L. Macleod, Olga Koubrak
Articles, Book Chapters, & Popular Press
The Arctic has been home to Indigenous peoples since long before the international legal system of sovereign states came into existence. International law has increasingly recognized the rights of Indigenous peoples, who also have status as Permanent Participants in the Arctic Council. In northern Canada, the majority of those who live in the Arctic are recognized as Indigenous. However, in northern Russia, a much smaller percentage of the population is identified as Indigenous, as legal recognition is only accorded to groups with a small population size. This article will compare Russian and Canadian approaches to recognition of Indigenous peoples and …
The Regulation Of Heavy Fuel Oil In Arctic Shipping: Interests, Measures, And Impacts, Jiayu Bai, Aldo Chircop
The Regulation Of Heavy Fuel Oil In Arctic Shipping: Interests, Measures, And Impacts, Jiayu Bai, Aldo Chircop
Articles, Book Chapters, & Popular Press
Since the International Maritime Organization’s (IMO) ban on the use and carriage for use of heavy fuel oil (HFO) for ships operating in Antarctic waters came into effect in 2011, the international community has been engaged in a discourse on whether to adopt a similar standard for ships operating in Arctic waters. The issues are complex as, in addition to reducing the environmental risks posed by HFOs, there are economic and social consequences, including dependence on such fuels by Indigenous peoples. The discourse has involved the IMO, the Arctic Council, industry associations, environmental nongovernmental organizations, and Indigenous peoples. The issue …
Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark Nevitt, Robert V. Percival
Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark Nevitt, Robert V. Percival
All Faculty Scholarship
Climate change is fundamentally transforming both the Arctic and Antarctic polar regions. Yet they differ dramatically in their governing legal regimes. For the past sixty years the Antarctic Treaty System (ATS), a traditional “hard law” international law treaty system, effectively de-militarized the Antarctic region and halted competing sovereignty claims. In contrast, the Arctic region lacks a unifying Arctic treaty and is governed by the newer “soft law” global environmental law model embodied in the Arctic Council’s collaborative work. Now climate change is challenging this model. It is transforming the geography of both polar regions, breaking away massive ice sheets in …
Arctic Policy Of The Republic Of Korea, Dongmin Jin, Won-Sang Seo, Seokwoo Lee
Arctic Policy Of The Republic Of Korea, Dongmin Jin, Won-Sang Seo, Seokwoo Lee
Ocean and Coastal Law Journal
Korea has been aware of the humanitarian and national significance of the Arctic and Antarctic since before the millennium. On the one hand, Korea has strived in the field of scientific research by joining the Antarctic Treaty System. On the other hand, Korea has promoted various economic cooperation with the Arctic nations. Korea joined the Antarctic Treaty System in 1986, established the Antarctic King Sejong Station in 1988, established the Arctic Dasan Station in Ny-Ålesund, Norway in 2002, and joined the Svalbard Treaty in 2012. Furthermore, Korea has participated in summits with the Arctic nations since 2008. In 2012, President …
The Arctic In The Public Order Of The World Community, Charles H. Norchi
The Arctic In The Public Order Of The World Community, Charles H. Norchi
Ocean and Coastal Law Journal
From early ages of exploration, the Arctic idea has resided in collective memories well beyond polar realms. For people who live in the Arctic, that idea is a way of life that incorporates traditions and indigenous knowledge evolved to cope with demanding conditions. Consequences of cryospheric changes are causing states and non-states to assert more intense claims to Arctic resources. The Arctic is a base of power, wealth, and other values. Competence to make and apply law in a manner that accommodates inclusive versus exclusive demands in the common interest is of great import to the public order of the …
Introduction, Senator Angus King
Introduction, Senator Angus King
Ocean and Coastal Law Journal
On September 13, 2016, the Crystal Serenity, a cruise ship with over one thousand passengers, arrived in Bar Harbor, Maine. The 790-foot ship would not be an unusual sight in Downeast Maine this time of year but for the fact that it had just completed an historic voyage through the Arctic Ocean’s Northwest Passage. As the largest commercial cruise ship to navigate the once frozen passage, the Crystal Serenity offers a glimpse into the changes in the Arctic region and the impact that those changes are already having on the State of Maine. Several weeks after the Crystal Serenity’s arrival, …
Rethinking East Mediterranean Security: Powers, Allies & International Law, Sami Dogru, Herbert Reginbogin
Rethinking East Mediterranean Security: Powers, Allies & International Law, Sami Dogru, Herbert Reginbogin
Touro Law Review
No abstract provided.
The Growth Of Environmental Justice And Environmental Protection In International Law: In The Context Of Regulation Of The Arctic’S Offshore Oil Industry, E.A. Barry-Pheby
The Growth Of Environmental Justice And Environmental Protection In International Law: In The Context Of Regulation Of The Arctic’S Offshore Oil Industry, E.A. Barry-Pheby
Sustainable Development Law & Policy
No abstract provided.
Polar Law And Good Governance, Prof. Elizabeth Burleson
Polar Law And Good Governance, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This chapter will assess the Antarctic Treaty System, ask what polar lessons can be learned regarding common pool resources, and analyze law of the sea and related measures. It will consider such substantive areas as Arctic and Antarctic natural resource management and procedural opportunities as inclusive governance structures. Enhancing good governance can occur through trust building forums that bring together stakeholders, share information, and make environmentally sound decisions regarding sustainable development.
Resolving Arctic Sovereignty From A Scandinavian Perspective, Helena Traner
Resolving Arctic Sovereignty From A Scandinavian Perspective, Helena Traner
Case Western Reserve Journal of International Law
No abstract provided.
The Legal Regime For The Arctic Ocean, Christopher C. Joyner
The Legal Regime For The Arctic Ocean, Christopher C. Joyner
Florida State University Journal of Transnational Law & Policy
With Arctic sea ice melting at rates faster than ever before, global climate change is opening up the polar region to increased navigation, exploration, and exploitation. The 'Arctic eight" nations have ignited a new competition for control of the trade routes and access to the rich deposits of resources that governments speculate might lie beneath the ice. In this article, the author explores the framework for a legal regime in the Arctic, identifying and critically assessing the agreements that govern the space, with the express intent of relating how they legally impact on human activities in the Arctic Ocean. It …
Persistent Organic Pollutant Accumulation In The Arctic, Rachel T. Kirby
Persistent Organic Pollutant Accumulation In The Arctic, Rachel T. Kirby
Sustainable Development Law & Policy
No abstract provided.
Hydrocarbon Development And Maritime Shipping For The Circumpolar Arctic In The Context Of The Arctic Council And Climate Change, Magdalena A K Muir
Hydrocarbon Development And Maritime Shipping For The Circumpolar Arctic In The Context Of The Arctic Council And Climate Change, Magdalena A K Muir
Sustainable Development Law & Policy
No abstract provided.
The Arctic Council At 10 Years, Timo Koivurova, David Vanderzwaag
The Arctic Council At 10 Years, Timo Koivurova, David Vanderzwaag
Articles, Book Chapters, & Popular Press
The article provides a 10th anniversary assessment of the Arctic Council’s work, regional ocean governance arrangements, and challenges facing the Arctic Council through a two-part analysis. First, a retrospective look highlights the two phases of region-wide cooperation in the Arctic: the Arctic Environmental Protection Strategy’s creation and development, followed by the founding of the Arctic Council and the implementation of its programs and projects. Second, a prospective view is provided, in which two future realities facing the Arctic Council are discussed: ‘soft sleddings’ and ‘hard’ questions. ‘Soft sleddings’ are likely to continue at least in the near term, with the …