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Background, Motivations and Aspirations of the 2018 CAOF Agreement
Author:
The 2018 Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (CAOF Agreement) is a unique international treaty. It sets up conditions for potential future (commercial) fisheries in the central Arctic Ocean, furthered by climate change, until ecosystem dynamics are well understood. As a product of balancing interests of various stakeholders after a multi-year drafting process, the agreement protects both fish stocks and the environment. Based on international maritime law, scientific research and principles of international environmental law, such as the precautionary approach, it sets a precedent for future fisheries agreements.
Background, Motivations and Aspirations of the 2018 CAOF Agreement
Author:
The 2018 Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (CAOF Agreement) is a unique international treaty. It sets up conditions for potential future (commercial) fisheries in the central Arctic Ocean, furthered by climate change, until ecosystem dynamics are well understood. As a product of balancing interests of various stakeholders after a multi-year drafting process, the agreement protects both fish stocks and the environment. Based on international maritime law, scientific research and principles of international environmental law, such as the precautionary approach, it sets a precedent for future fisheries agreements.
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
This Yearbook contains a selection of papers presented at the 15th Polar Law Symposium and other papers submitted, with an additional political commentary and book reviews.
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
This Yearbook contains a selection of papers presented at the 15th Polar Law Symposium and other papers submitted, with an additional political commentary and book reviews.
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
This Yearbook contains a selection of papers presented at the 15th Polar Law Symposium and other papers submitted, with an additional political commentary and book reviews.
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
This Yearbook contains a selection of papers presented at the 15th Polar Law Symposium and other papers submitted, with an additional political commentary and book reviews.
Best Practices, Challenges and the Way Forward
Environmental Courts and Tribunals in Asia-Pacific is an in-depth treatment of the features, best practices, challenges and future prospects for environmental courts and tribunals (ECTs) in the Asia-Pacific region. ECTs play an important role in improving environmental dispute resolution, access to environmental justice and environmental governance, but data and academic analysis on ECTs are very limited. This book fills that gap, with ten chapters authored by leading academics, judges and lawyers from multiple jurisdictions, including Australia, China, India, Indonesia, Japan, New Zealand, Pakistan, Philippines and Sri Lanka, as well as pan-Asia-Pacific and global perspectives
Best Practices, Challenges and the Way Forward
Environmental Courts and Tribunals in Asia-Pacific is an in-depth treatment of the features, best practices, challenges and future prospects for environmental courts and tribunals (ECTs) in the Asia-Pacific region. ECTs play an important role in improving environmental dispute resolution, access to environmental justice and environmental governance, but data and academic analysis on ECTs are very limited. This book fills that gap, with ten chapters authored by leading academics, judges and lawyers from multiple jurisdictions, including Australia, China, India, Indonesia, Japan, New Zealand, Pakistan, Philippines and Sri Lanka, as well as pan-Asia-Pacific and global perspectives
The 1992 Convention on Biological Diversity prominently enshrined the concept of “access and benefit-sharing” (ABS) in the sphere of public international law. The series offers a forum for original research on the concept of ABS and on innovative regulatory and governance approaches related to the equitable sharing of commercial and non-commercial benefits deriving from access to genetic resources, biological resources and the traditional knowledge of indigenous and local communities, as well as in broader context of environmental protection and management.
The series will promote scholarly analysis of and practitioners’ reflection on the theory and the practice of regulatory and governance approaches to access and benefit-sharing.
It will explore substantive issues including: the multi-level legal frameworks for access to and benefit-sharing from genetic resources and traditional knowledge; legal issues related to access and benefit-sharing in the context of nature conservation; the legal recognition and reward of sustainable customary use and community-based environmental management practices; the protection and promotion of traditional knowledge of indigenous peoples, smallholder farmers and local communities; legal challenges and innovations related to private sector-led, community-led and development assistance-based ABS arrangements; national and international approaches to the enforcement of the law. The series will also aim to illuminate the interactions between different areas of international law, between national and international law, as well as between the customary law and practices of indigenous and local communities and national and international law on ABS. It will also investigate interactions or influences between benefit-sharing approaches in various areas of international law, including human rights, the law of the sea, climate change and in particular REDD, forest management, agriculture, innovation and intellectual property rights, and corporate accountability.
The series will include both international (public and private) law studies as well as national/comparative/transnational law studies on innovative ways to foster access and benefit-sharing arrangements between governments, between government and local or indigenous communities, as well as between private individuals or entities. While the main focus is on legal studies, there is also some scope for inter-disciplinary pieces in both streams of research, as long as they are specifically aimed to inform legal analysis and lawmaking.
Books published in the series will be peer-reviewed and include research monographs and edited collections of essays.
The series will promote scholarly analysis of and practitioners’ reflection on the theory and the practice of regulatory and governance approaches to access and benefit-sharing.
It will explore substantive issues including: the multi-level legal frameworks for access to and benefit-sharing from genetic resources and traditional knowledge; legal issues related to access and benefit-sharing in the context of nature conservation; the legal recognition and reward of sustainable customary use and community-based environmental management practices; the protection and promotion of traditional knowledge of indigenous peoples, smallholder farmers and local communities; legal challenges and innovations related to private sector-led, community-led and development assistance-based ABS arrangements; national and international approaches to the enforcement of the law. The series will also aim to illuminate the interactions between different areas of international law, between national and international law, as well as between the customary law and practices of indigenous and local communities and national and international law on ABS. It will also investigate interactions or influences between benefit-sharing approaches in various areas of international law, including human rights, the law of the sea, climate change and in particular REDD, forest management, agriculture, innovation and intellectual property rights, and corporate accountability.
The series will include both international (public and private) law studies as well as national/comparative/transnational law studies on innovative ways to foster access and benefit-sharing arrangements between governments, between government and local or indigenous communities, as well as between private individuals or entities. While the main focus is on legal studies, there is also some scope for inter-disciplinary pieces in both streams of research, as long as they are specifically aimed to inform legal analysis and lawmaking.
Books published in the series will be peer-reviewed and include research monographs and edited collections of essays.
Editor-in-Chief:
The Yearbook is also available online. To learn more about the online version, please click here.
The Yearbook of International Disaster Law aims to represent a hub for critical debate in this emerging area of research and policy and to foster the interest of academics, practitioners, stakeholders and policy-makers on legal and institutional issues relevant to all forms of natural, technological and human-made hazards. This Yearbook primarily addresses the international law dimension of relevant topics, alongside important regional and national dimensions relevant for further development of legal and policy initiatives.
Volume One features a thematic section on the Draft Articles of the ILC on the “Protection of Persons in the Event of Disasters” as well as a general selection of articles, and an international and regional review of International Disaster Law in Practice, plus book reviews and bibliography.
The Yearbook is also available online. To learn more about the online version, please click here.
The Yearbook of International Disaster Law aims to represent a hub for critical debate in this emerging area of research and policy and to foster the interest of academics, practitioners, stakeholders and policy-makers on legal and institutional issues relevant to all forms of natural, technological and human-made hazards. This Yearbook primarily addresses the international law dimension of relevant topics, alongside important regional and national dimensions relevant for further development of legal and policy initiatives.
Volume One features a thematic section on the Draft Articles of the ILC on the “Protection of Persons in the Event of Disasters” as well as a general selection of articles, and an international and regional review of International Disaster Law in Practice, plus book reviews and bibliography.
The Yearbook is also available online. To learn more about the online version, please click here.
Volume 5 (2022)
Volume Editors:
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The Yearbook of International Disaster Law aims to represent a hub for critical debate in this area of research and policy and to foster the interest of academics, practitioners, stakeholders and policy-makers on legal and institutional issues relevant to all forms of natural, technological and human-made hazards. This Yearbook primarily addresses the international law dimension of relevant topics, alongside important regional and national dimensions relevant for further development of legal and policy initiatives. In the Thematic Section of Volume 5, entitled ‘Human Rights and Disasters’, distinguished scholars seek to understand how States can ensure that the persons affected by disasters are entitled to the respect for and protection of their human rights, in accordance with international law.
Volume 5 (2022)
Volume Editors:
, , , , and
The Yearbook of International Disaster Law aims to represent a hub for critical debate in this area of research and policy and to foster the interest of academics, practitioners, stakeholders and policy-makers on legal and institutional issues relevant to all forms of natural, technological and human-made hazards. This Yearbook primarily addresses the international law dimension of relevant topics, alongside important regional and national dimensions relevant for further development of legal and policy initiatives. In the Thematic Section of Volume 5, entitled ‘Human Rights and Disasters’, distinguished scholars seek to understand how States can ensure that the persons affected by disasters are entitled to the respect for and protection of their human rights, in accordance with international law.
A Case for the Integrated Protection and Preservation of Shared Inland Water Ecosystems
Author:
This book anchors its arguments in Article 20 of the Watercourses Convention and explores consistencies and inconsistencies in parallel definitions, substantive and procedural obligations and institutional arrangements in IWL, and the Ramsar and Biodiversity Conventions with respect to the protection and preservation of ecosystems of shared inland waters. Dr. Yang Liu argues that the all-around informed and integrated application of IWL and MEAs is essential for the effective protection and preservation of shared inland water ecosystems. However, the degree of cross-fertilization of parallel provisions should be examined on a case-by-case basis in light of the legal analytical framework deployed in this study.
A Case for the Integrated Protection and Preservation of Shared Inland Water Ecosystems
Author:
This book anchors its arguments in Article 20 of the Watercourses Convention and explores consistencies and inconsistencies in parallel definitions, substantive and procedural obligations and institutional arrangements in IWL, and the Ramsar and Biodiversity Conventions with respect to the protection and preservation of ecosystems of shared inland waters. Dr. Yang Liu argues that the all-around informed and integrated application of IWL and MEAs is essential for the effective protection and preservation of shared inland water ecosystems. However, the degree of cross-fertilization of parallel provisions should be examined on a case-by-case basis in light of the legal analytical framework deployed in this study.
Comparing Norwegian and Russian Law
Author:
This book is an essential contribution to understanding Russian law for English speakers. In a time when the energy markets in Europe are changing away from Russian dependence on oil and gas, Dr Svendsen explains what the legal consequences will be if we would experience cross-border harm as a result of an oil spill from offshore installations on the Norwegian and the Russian side of the sea border in the Barents Sea. This book examines Russian and Norwegian rules governing liability, choice-of-law, recognition and enforcement, damage, third-party losses, environmental harm, and valuation of environmental harm.
Comparing Norwegian and Russian Law
Author:
This book is an essential contribution to understanding Russian law for English speakers. In a time when the energy markets in Europe are changing away from Russian dependence on oil and gas, Dr Svendsen explains what the legal consequences will be if we would experience cross-border harm as a result of an oil spill from offshore installations on the Norwegian and the Russian side of the sea border in the Barents Sea. This book examines Russian and Norwegian rules governing liability, choice-of-law, recognition and enforcement, damage, third-party losses, environmental harm, and valuation of environmental harm.
The Case of Climate Change and Pandemics
Author:
Global risks present formidable challenges to international law. Although they have long been identified in many other scientific disciplines, they are currently only considered on a sectoral basis in international law in the absence of a legal definition. The aim of this book is threefold: to identify the main elements that characterise global risks in a legal perspective, to determine the characteristics that make them a new category of risk, and to analyse the changes they bring about in the main mechanisms of international law. Drawing on the relationship between international law and other legal systems, and in particular national law, this book highlights possible responses to the challenges posed by global risks. The study is based on extensive practice related to the examples of climate change and pandemics, but opens up perspectives on conclusions that could be common to other global risks, such as financial risks or cyber risks.
Interview with the author
Interview with the author
The Case of Climate Change and Pandemics
Author:
Global risks present formidable challenges to international law. Although they have long been identified in many other scientific disciplines, they are currently only considered on a sectoral basis in international law in the absence of a legal definition. The aim of this book is threefold: to identify the main elements that characterise global risks in a legal perspective, to determine the characteristics that make them a new category of risk, and to analyse the changes they bring about in the main mechanisms of international law. Drawing on the relationship between international law and other legal systems, and in particular national law, this book highlights possible responses to the challenges posed by global risks. The study is based on extensive practice related to the examples of climate change and pandemics, but opens up perspectives on conclusions that could be common to other global risks, such as financial risks or cyber risks.
Interview with the author
Interview with the author
Between Change and Continuity
Author:
Competition over the Nile watercourse is becoming a global crisis. As population growth, economic development, and urbanization increase the demand for water in the Nile Basin while climate change threatens its supply, the region faces a looming water crisis. An effective resolution of this multifaceted issue, which impacts 11 African countries, requires detailed multidisciplinary research. Until now the academic discourse regarding the Nile watercourse has been primarily dominated by monodisciplinary studies. This book fills that gap, providing a retrospective and prospective look at the Nile through multidisciplinary lenses—commingling history, hydro-politics, climate change, and law. It scrutinizes the legal and hydro-political trajectories of the Nile Basin, from the 4th century A.D. to 2022.
Between Change and Continuity
Author:
Competition over the Nile watercourse is becoming a global crisis. As population growth, economic development, and urbanization increase the demand for water in the Nile Basin while climate change threatens its supply, the region faces a looming water crisis. An effective resolution of this multifaceted issue, which impacts 11 African countries, requires detailed multidisciplinary research. Until now the academic discourse regarding the Nile watercourse has been primarily dominated by monodisciplinary studies. This book fills that gap, providing a retrospective and prospective look at the Nile through multidisciplinary lenses—commingling history, hydro-politics, climate change, and law. It scrutinizes the legal and hydro-political trajectories of the Nile Basin, from the 4th century A.D. to 2022.