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.
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

Abstract

This article highlights the importance of differentiating between environmental law and climate law in India, and, in doing so, analyses what counts as climate law in that country. It identifies three overarching approaches (trickle-down; Environmental Impact Assessment as climate law; and human rights law and climate change) that the current literature adopts to study and analyse climate law in India. We argue that none of these approaches comprehensively covers climate change mitigation measures adopted in this country. We propose an alternative approach to the analysis of climate law in India, which we call ‘administrative layering’. Accordingly, we outline a three-step process to identify and conceptualize climate law in India.

In: Climate Law
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.

Abstract

Cities and urban communities constitute a challenging paradox. They are contributors to climate change and simultaneously are essential focal bases for economic activity. Urbanization, population growth, economic development, and prosperity contribute to increased city greenhouse gas emissions. Envisioning and shaping a shift toward more ambitious climate responses is both an opportunity and a challenge for cities to action transformations toward sustainability. The discourse on sustainability transformations involves the reorientation and restructuring of governance processes and actions. Though the governance of transformation involves multiple actors, this article examines the role of the Indian judiciary in steering a transformation process toward a sustainable and equitable future. Indian city-and-climate-change case law is examined as a case study. Sectoral examples from construction, waste, livestock, transport, and renewable energy illustrate key areas addressed through the judicial incremental-reformist approach. Bolstering the implementation and enforcement of environmental and climate laws alongside the infusion of a powerful sustainability agenda, the Indian judiciary creates enabling conditions for transformational change.

In: Climate Law

Abstract

One of the main challenges for modern international law is its capacity to deal with global public interests. In a world characterized by growing interdependence, the international community requires instruments to regulate the global commons, provide global public goods, and enforce its fundamental values. In this context, this article contributes to the debate on the legal consequences of recognizing climate stability as a global public good. While these goods are regulated on a case-by-case basis, some of them have the status of being common concerns of humankind. Since the icj and the ilc have not clarified the content of this legal status, I discuss the main academic perspectives and propose a new standpoint. Considering the current stage of public international law, I argue that the common concern status does not generate new state obligations but impacts the content of those commitments already included in the international climate change regime.

In: Climate Law
Author:

Abstract

The flagship decision of the 28th Conference of the Parties to the United Nations Framework Convention on Climate Change, issued on 13 December 2023, appears to call for the elimination of fossil fuels. This would be a first in the annals of the international legal regime on climate change. In reality, I argue, while the decision acknowledges that the world must move away from fossil fuels, it concedes that there is no known practical way of doing so. The combined effect of these positions is the same as the understanding which states had settled on prior to the Dubai conference, namely that each state would work at its own self-determined pace to reduce its reliance on fossil fuels.

Free access
In: Climate Law
In: Yearbook of International Disaster Law Online
In: Yearbook of International Disaster Law Online