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This study sought to identify the major barriers to the implementation of the Agreement on Enhancing International Arctic Scientific Cooperation (2017) and to uncover ways of facilitating the Agreement that may enhance Russia–Japan scientific cooperation in the High North. The Russia–Japan case exemplifies the difficulties as well as the potentials of the Agreement in enhancing Arctic scientific cooperation between Arctic states and non-Arctic states. Ultimately, the study identified several possible ways to facilitate the Agreement’s implementation. This paper first examines these means within the Agreement’s legal framework; more specifically, it explores how to operationalize the effective review process established under Art.12, utilize the 2000 Japan-Russia bilateral Science and Technology Cooperation Agreement to implement Art.17 on ‘Cooperation with non-Parties’, identify Arctic research projects and infrastructure available under the Agreement, and designate appropriate authorities as contact points under Annex 2 of the Agreement. The paper then examines the potential of linking the Agreement’s implementation with other forums and institutions. In particular, it recognizes the Arctic Council as a platform for enhancing Arctic scientific cooperation and considers how cooperation within various Arctic professional organizations and associations may be revived and how to create synergy between the Agreement and Arctic Science Ministerial processes. This paper’s discussion is largely based on information and political contexts before February 24, 2022, but the concluding section provides a few policy suggestions specific to the implementation of the Agreement in light of the post-Ukraine situation.
Abstract
Due diligence standards have been read into treaty provisions for the protection for the environment and beyond in a wide range of international legal settings. The compliance provision of the Madrid Protocol on Environmental Protection to the Antarctic Treaty, Article 13, invites a similar analysis. Despite the doubts of ten years ago that a due diligence standard would be sufficient and appropriate for protecting the Antarctic environment the concept has arguably evolved to the point where it can provide an effective framework for operationalising States’ responsibilities under the Protocol as well as more widely in international environmental law, subject to adequate contextualisation.
Abstract
Polar regions stand out due to the presence of rare and sensitive ecosystems, their vulnerability to climate change and other environmental threats and their importance for Indigenous communities, at the regional level, and for humankind as a whole. The Arctic region, is experiencing unexpected issues as a result of climate change effects. The law of the sea, as a prerequisite for ocean governance, constitutes a solid foundation for establishing an appropriate governance in this region to tackle current and future climate change issues. Therefore, the practice of the law of the sea in the region will be explored and the consideration of Arctic region’s specificities on this practice will be analysed.
Abstract
The paper analyses the opportunities to establish marine protected areas (MPAs) beyond national jurisdiction in the Arctic Ocean. For this, the author scrutinises the legal processes allowing UNCLOS to adapt to current and future ocean governance challenges concerning biological diversity and the limits of such adaptability. Some significant limitations are found in areas beyond national jurisdiction (ABNJ) in the Arctic Ocean. The low political commitment of Arctic States to cooperate in fora such the Arctic Council leaves the ABNJ of the Arctic Ocean in a very precarious situation. With extensive areas of the seabed potentially falling under national jurisdiction and the water column remaining as ‘high seas,’ there is a possibility that Arctic cooperation will be eroded.