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The Yearbook of Polar Law
Series: - The Yearbook of Polar Law, Volume: 13
Volume Editor:
The Yearbook of Polar Law covers a wide variety of law and policy topics relating to the Arctic and the Antarctic, and even the Third Pole. Many of the articles draw on presentations made at the annual Symposiums on Polar Law. The Editors-in-Chief are Gudmundur Alfredsson of the Stefansson Arctic Institute in Akureyri and the China University of Political Science and Law in Beijing, Julia Jabour of the Institute for Marine and Antarctic Studies, University of Tasmania, Timo Koivurova of the Arctic Centre, University of Lapland, and Akiho Shibata of the Polar Cooperation Research Centre, Kobe University.
Articles published in the Yearbook are peer reviewed, unless otherwise noted. The Yearbook will also carry book reviews and occasional news stories.
The topics covered in the Yearbook include:
- human rights issues, such as autonomy, self-government and self-determination, the rights of indigenous peoples to land and natural resources, cultural rights and cultural heritage, and indigenous traditional knowledge
- local, national and corporate governance issues
- environmental law, climate change, security and human rights implications of climate change, protected areas and species, and biodiversity
- regulatory and management agreements and arrangements for marine environments, marine mammals, fisheries conservation and other biological/mineral/oil resources
- jurisdictional and other issues re the exploration, exploitation and shipping of oil, gas and minerals
- law of the sea, the retreating sea ice, and continental shelf claims
- trade law, potential shipping lines through the northwest and northeast passages, maritime law and transportation law
- territorial claims and border disputes on both land and at sea
- peace and security, and dispute settlement
- the roles and actual involvement of international organizations in the polar regions, such as the Arctic Council, the Nordic Council, the International Whaling Commission, the European Union, the North Atlantic Treaty Organization, and the United Nations, and
- the activities of NGOs, think tanks and academic institutions
The papers in this volume are principally based on presentations at the Polar Law Symposium, held online with logistical support by the Kobe University Polar Cooperation Research Centre (PCRC), in November 2020.
Articles published in the Yearbook are peer reviewed, unless otherwise noted. The Yearbook will also carry book reviews and occasional news stories.
The topics covered in the Yearbook include:
- human rights issues, such as autonomy, self-government and self-determination, the rights of indigenous peoples to land and natural resources, cultural rights and cultural heritage, and indigenous traditional knowledge
- local, national and corporate governance issues
- environmental law, climate change, security and human rights implications of climate change, protected areas and species, and biodiversity
- regulatory and management agreements and arrangements for marine environments, marine mammals, fisheries conservation and other biological/mineral/oil resources
- jurisdictional and other issues re the exploration, exploitation and shipping of oil, gas and minerals
- law of the sea, the retreating sea ice, and continental shelf claims
- trade law, potential shipping lines through the northwest and northeast passages, maritime law and transportation law
- territorial claims and border disputes on both land and at sea
- peace and security, and dispute settlement
- the roles and actual involvement of international organizations in the polar regions, such as the Arctic Council, the Nordic Council, the International Whaling Commission, the European Union, the North Atlantic Treaty Organization, and the United Nations, and
- the activities of NGOs, think tanks and academic institutions
The papers in this volume are principally based on presentations at the Polar Law Symposium, held online with logistical support by the Kobe University Polar Cooperation Research Centre (PCRC), in November 2020.
Contents
Preface
List of Illustrations, Tables and Maps
Notes on Contributors
Indigenous Peoples in the Arctic Council: A Unique Feature?
Gudmundur Alfredsson
From Victims to Contributors: A Human Rights Approach to Climate Change for the Indigenous Peoples of the Arctic
Yuko Osakada
The Role of Governance in Promoting the Resilience of Arctic Communities
Rachel Westrate and Sarah E. Mackie
Co-management as a Foundation of Arctic Exceptionalism: Strengthening the Bonds between the Indigenous and Westphalian Worlds
Barry Scott Zellen
Colonisation at the Poles: A Story of Ineffective Occupation
Rachael Lorna Johnstone
Opportunities for Protecting Biological Diversity in the Arctic Ocean
Gabriela Argüello
Due Diligence and Compliance with the Protocol on Environmental Protection to the Antarctic Treaty
Caroline E. Foster
Appraising the Modus of Conservation and Sustainable Use of Arctic Marine Biodiversity of Areas beyond National Jurisdiction under the Umbrella of the BBNJ Treaty
Sabrina Hasan
The Polluter-Pays Principle in a Transboundary Context – the Case of Arctic Ocean Continental Shelf Oil Production
Ognyan Savov
An Ecological Reading of Sovereignty Claims in Antarctica
Carolina Flores
The Law of the Sea in the Age of Building an Appropriate Arctic Ocean Governance Addressing Climate Change Issues
Vonintsoa Rafaly
Between Economic Nationalism and Globalism: Evaluating Russia’s Recent Regulations on Arctic Shipping
Alexander Sergunin
The Impact of the BBNJ Agreement on the Legal Framework for the Governance of the Central Arctic Ocean
Kentaro Nishimoto
Sharing Arctic Science: Applying the Common Heritage and Common Concern of Humankind in the Arctic
Medy Dervovic
Incorporating Traditional Ecological Knowledge into Science under the Law of the Sea via the Arctic Ocean Governance
Makoto Seta
The Law-Science Interface in the Arctic: Science and the Law of the Sea
Hilde J. Woker
David Moon, Nicolas B. Breyfogle, Alexandra Bekasova (eds.). Place and Nature. Essays in Russian Environmental History
Susanna Pirnes
Simon Marsden. Protecting the Third Pole
Krittika Singh
Preface
List of Illustrations, Tables and Maps
Notes on Contributors
Section 1: Arctic Indigenous Peoples
Indigenous Peoples in the Arctic Council: A Unique Feature?
Gudmundur Alfredsson
From Victims to Contributors: A Human Rights Approach to Climate Change for the Indigenous Peoples of the Arctic
Yuko Osakada
The Role of Governance in Promoting the Resilience of Arctic Communities
Rachel Westrate and Sarah E. Mackie
Co-management as a Foundation of Arctic Exceptionalism: Strengthening the Bonds between the Indigenous and Westphalian Worlds
Barry Scott Zellen
Colonisation at the Poles: A Story of Ineffective Occupation
Rachael Lorna Johnstone
Section 2: Environmental Law and Protection
Opportunities for Protecting Biological Diversity in the Arctic Ocean
Gabriela Argüello
Due Diligence and Compliance with the Protocol on Environmental Protection to the Antarctic Treaty
Caroline E. Foster
Appraising the Modus of Conservation and Sustainable Use of Arctic Marine Biodiversity of Areas beyond National Jurisdiction under the Umbrella of the BBNJ Treaty
Sabrina Hasan
The Polluter-Pays Principle in a Transboundary Context – the Case of Arctic Ocean Continental Shelf Oil Production
Ognyan Savov
An Ecological Reading of Sovereignty Claims in Antarctica
Carolina Flores
Section 3: Arctic Ocean Governance
The Law of the Sea in the Age of Building an Appropriate Arctic Ocean Governance Addressing Climate Change Issues
Vonintsoa Rafaly
Between Economic Nationalism and Globalism: Evaluating Russia’s Recent Regulations on Arctic Shipping
Alexander Sergunin
The Impact of the BBNJ Agreement on the Legal Framework for the Governance of the Central Arctic Ocean
Kentaro Nishimoto
Section 4: Law and Science
Sharing Arctic Science: Applying the Common Heritage and Common Concern of Humankind in the Arctic
Medy Dervovic
Incorporating Traditional Ecological Knowledge into Science under the Law of the Sea via the Arctic Ocean Governance
Makoto Seta
The Law-Science Interface in the Arctic: Science and the Law of the Sea
Hilde J. Woker
Section 5: Book Reviews
David Moon, Nicolas B. Breyfogle, Alexandra Bekasova (eds.). Place and Nature. Essays in Russian Environmental History
Susanna Pirnes
Simon Marsden. Protecting the Third Pole
Krittika Singh