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Xueping Li

Unique geological and geographical characteristics and immense economic potential have made Arctic governance an issue of global attraction, as evidenced by China’s recently published first Arctic policy. One important part of Arctic governance is the UNCLOS, and China has to evaluate its Arctic involvement from the perspective of this treaty. While a number factors motivate China’s Arctic interests, the contemporary legal regime of Arctic governance is focused on respect for the sovereignty and sovereign rights of the Arctic States as well as the UNCLOS principles. On its journey to Arctic governance, China must comprehensively elaborate on its legal choices by thinking more carefully of the UNCLOS in order to reply to the comments or criticism from other countries.

Paula Kovari

The impacts of climate change as well as the increase of economic activities call for effective governance of the Arctic Region. The Arctic Council is the predominant intergovernmental forum in the region. The rotating chairmanships of the Member States have a defining role in the work of the Council. This paper compares the Arctic Council chairmanship programmes of the five Nordic Countries with the organisation’s outputs following the two-year chairmanship periods as expressed in the ministerial Declarations and the SAOs’ reports. The paper finds that the discourse on the studied topics has developed greatly over time and despite the similarities between the countries’ foreign politics in general, there are some notable differences in the way the countries see the future of the Arctic – for example through the region’s vast natural resources or as a unique environment of the Arctic biodiversity. The conclusion of this research is that even though the chair cannot take all the credit for its accomplishments during the chairmanship period in question, nor can it be blamed for all possible failures, the chair’s work does leave its mark on the Arctic Council’s performance.

Zia E. Madani and Julia Jabour

The Antarctic offers unique opportunities to scientists in many disciplines for improving understanding of regional and global conditions. The governing Antarctic Treaty has 53 State Parties, many of which do not have geographical proximity to the continent. However, the importance of various disciplines of science and many other factors, urge them to participate in the Antarctic scientific activities. Therefore, it is not surprising that Iran is considering participation in Antarctic scientific research, and it has now set processes in motion to join these states in their endeavour to undertake research in Antarctica and contribute to its governance. Iran will develop a strategic plan prior to the commencement of its Antarctic activities, outlining its vision and objectives of an Antarctic program, as well as the financial and logistical implications, and is currently undertaking preparatory work that will culminate in the drafting of an Antarctic strategic plan. In doing so, the authors examined a number of factors including ones that could be identified in Antarctic law and policy as influencing the status and development of the existing Antarctic regime, the recent Antarctic Treaty States’ accession processes and strategies, the express or implied motivations for States to join the Antarctic Treaty, and generally the Antarctic Treaty System, all of which can be reached based on the aforementioned examination that can be incorporated in an Iranian Antarctic science roadmap.

Marcin Dymet

One of the inequalities generated by the introduction of information and communication technologies (ICTs) is the digital language divide, that is, differences in the online presence of languages and unequal access to information due to the lack of understanding of the available content. The digital language divide is particularly visible in the case of small languages with a low number of speakers. There is a large group of languages with non-existent or irrelevant online presence. This is often the case of the endangered minority languages. The number of language speakers or the level of knowledge of a given language is not sufficient to generate a vital online community.

This article presents the current language situation in the European High North with a focus on minority languages: Sámi and Meänkieli languages in Sweden, Sámi and Kven languages in Norway, and Sámi languages in Finland. It also introduces the phenomenon of digital language divide. The article explores the current situation of the minority languages in the European High North in light of their online presence. It responds to the following questions: Is there online presence of the studied minority languages? Is there a need amongst the minorities’ members for more extensive presence? To conclude, the article discusses the possible effects of a language’s underrepresentation.

Joseph F.C. DiMento, Christine Schrottenbaum and Elizabeth Taylor

The urgency of applying effective legal strategies to respond to environmental change in the Arctic is ever more apparent. The existing framework for environmental governance has matured and its constituents are numerous, and many are promising. However, policymakers and other stakeholders contend that new approaches to confronting environmental conditions, including mitigation of climate change and adapting to it, are needed. Many ideas have been offered; they range considerably in their assessment of what changes are needed and by when. Here we briefly describe the cluster of constituents of environmental governance, the international environmental regime, of the Arctic; we briefly note newly recommended approaches; and we analyse two approaches we consider most promising. These, cooperative scientific-based management strategies and adversarial legal actions, are dissimilar – to the point that some policy makers consider them incompatible. We argue, however, that both are needed and we describe elements of their successful use.

Kamrul Hossain

This article examines challenges and opportunities resulting from the rapid expansion of information and communication technology (ICT), through their impacts on the traditional culture of a given community. The expansion of ICT extends to all spheres of our lives, and makes society globally-oriented, which has provided opportunities for communities located in remote regions to stay connected and participate in global issues, as well as to take advantage of new innovations, in a virtual environment. However, these developments have also resulted in tensions when considered from the perspective of maintaining fundamental values traditionally held by a community. These fundamental values are often developed from traditionally practiced social norms which, at times, are transformed to adapt to a new cultural reality in response to, for example, information-based technological development. Such developments may generate concern that information-based societal development will negatively influence the traditions and culture of communities, and indigenous communities in particular. These concerns suggest that the introduction of an invasive culture will affect the established community and their culture, who build their identity based on traditional norms. Many indigenous communities, whose identities are founded in nature-based traditional practices, are arguably afraid of losing their cultural values as a result of new information-based societal development. It is based on this premise that the following article considers the Sámi indigenous community of the European High North (EHN) as case study, to argue that culture is a transformational, and not a static, element in any given society; it highlights that information-based cultural development and traditional norms can be mutually re-enforcing. The article argues that culture should be viewed holistically, and that the integration of information-based societal development within traditional culture and identity contribute to cultural modernisation.

Executive Summary of the HuSArctic Conference Outcomes

Helsinki, Finland, October 23–27, 2018

Edited by Joëlle Klein

Leena Heinämäki

Indigenous peoples have attracted a lot of attention in international legal and political instruments during the last couple of decades. Only very recently, however, have international institutions started to address the situation of minorities within minorities that often experience multiple discrimination. This article focuses on the vulnerable situation and the rights of Sámi persons with disabilities in Finland as the case study to demonstrate the inadequacy of different legal regimes to recognise and thus help to prevent and overcome the multiple discrimination of persons with disabilities who also belong to the indigenous community. The article calls for an intersectional approach to law, in order to recognise that persons with multiple identities may need legal protection that recognises the problem of multiple discrimination, and thereby adequately protects their rights and equality.

Gerald Zojer

Digitalisation has increased rapidly in recent decades, and became integral part of the development agenda of most states. The development of cyberspace has led to numerous opportunities for human development, but it also has presented certain challenges to societies. In acknowledging the importance of digital technologies, many states have endorsed strategies for digital development and cybersecurity. Because these strategies are often state-centric, techno-deterministic, and simplistic, they disregard the interconnectedness and complexity of the opportunities and challenges these technologies can entail in a region-specific context.

This paper argues that the human security framework may be applied to analyse and study the region-specific implications of digitalisation. The multidimensional and comprehensive human security approach includes state-centric concerns as well as the needs and fears of people and communities in a specific region. Moreover, the human security framework enables the local population to voice their concerns. The insights that the human security approach offers could contribute to developing meaningful and targeted policies that address the concerns of people and communities in specific regions. The paper uses the argument on the European High North as a case study to show that digitalisation has region specific impacts and how digitalisation is interrelated with human security.

Matti Niemivuo and Lotta Viikari

Cooperation among the Nordic countries has been a modest affair since Finland and Sweden joined the EU in 1995. In particular, one can cite the decline in what previously was robust collaboration in law-making. Moreover, no new important conventions have been concluded among the countries in the 2000s.

The article argues that Nordic cooperation is at a crossroads. Many external and internal threats urge increased cooperation, such as the crisis in the EU following Brexit, the influx of asylum seekers, increased tension in the Baltic Sea, and the erosion of the Nordic welfare state. The particular threats and opportunities in the Nordic countries’ Arctic regions also signal a need for more intense cooperation. This is easier said than done, however, because the western Nordic states (Denmark, Iceland and Norway) differ in terms of legal system and security policy from the eastern ones (Finland and Sweden). An additional consideration is that Iceland and Norway do not belong to the EU; instead of membership they take part in economic integration as members of the Economic European Area.

After an introduction, the article provides a succinct account of the development of Nordic cooperation from before the Second World War to the present day. The third section then goes on to discuss Nordic cooperation in different areas of law and government. This is followed by an analysis of the conventions concluded among the Nordic countries and how well they have functioned. Continuing with a salient and illustrative example, the article goes on to examine and assess the attempts to draft a Nordic Saami Convention, an instrument that would apply to Saami living in Finland, Norway and Sweden.

In closing, the article evaluates the future prospects for Nordic cooperation in the form of collaborative law-making and conventions. Both seem to be rather difficult ways forward at the moment. One means for enhancing cooperation would be to improve the exchange of information. Encouraging examples in this regard are the Nordic Lawyers’ Conference, held in August 2017 in Helsinki, and the centenary meeting of the Nordic Federation of Public Administration, organised in 2018 in Iceland. An additional area that may have some potential for furthering cooperation is soft law.

Ekaterina Andreyevna Zmyvalova

There are 47 groups of indigenous peoples in Russia. Many languages of indigenous peoples are at the edge of extinction. From 1995 to 2010 the proportion of indigenous pupils among all indigenous peoples learning their mother tongue decreased by almost half. This article examines the legal regulation of the Russian system of school education and defines what place indigenous languages have in this system. The author comes to the conclusion that realising the right of indigenous children to learn their mother tongue in Russia is complicated by many factors of both legal and non-legal character.

Editors The Yearbook of Polar Law Online

Mirva Salminen

This article introduces cybersecurity in the discussion on security in the European High North in a redefined and refocused form. Instead of scrutinising the technical measures taken to protect the confidentiality, integrity and availability of information in systems and networks (information security) or the criticality of a number of digitally operated infrastructures to the functioning of society (national cybersecurity), it concentrates on the human being. It examines cybersecurity from an individual’s perspective by asking what kind of personal security concerns people may have with regard to digitalisation and how those are or are not present in the discussion on health and social security re-organisation in the Finnish Lapland.

The theoretical foundation of this article rests within the human security framework. Individuals living their everyday lives in particular cyber-physical environments are taken as the referent object of security. In the digitalising European High North, multiple aspects of everyday security depend upon cybersecurity, including economic, environmental, and food securities. This article concentrates on health and social security. It examines linkages between the re-organisation of health and social security in Finland and personal security concerns with a particular focus on the case of Länsi-Pohja area in south-western Lapland. The overall aim is to create room for bottom-up influence on the primarily top-down processes of security production in the cyber-physical environment.

Sarah E. Mackie

During the Cold War, the border between Norway and the Soviet Union was almost completely closed and there were few diplomatic relations between the Arctic regions of northern Europe and the Soviet Union. Within weeks of the end of the Soviet Union, however, the Norwegian government began negotiations over regional cooperation which led to what is now the Barents Euro-Arctic Cooperation.

This article argues that one of the significant incentives which led to the formation of the Barents region at the time that the Soviet Union collapsed was the common environmental threats faced by each of the Arctic nations of Europe and northwest Russia. This article considers the sources of the environmental challenges and the work that has been undertaken to tackle those shared threats. It also considers the region building that has taken place as a result of the cooperation which, although it began as a means of solving the environmental threats but has now spread much further with cohesion and cooperation in many other policy areas. The article concludes with a discussion of how this model could be used as a means of encouraging regional cooperation in other parts of the world, particularly in areas where there is a history of conflict or where there are shared environmental concerns.

Göran Lindholm

Enrico Albanesi

The 1995 Treaty concerning the accession of Finland and Sweden to the EU makes some express exceptions for their domestic legislation vis-à-vis EU legislation regarding some aspects of traditional reindeer husbandry carried out by the Sámi people. However, other fields in the EU law lack an express regulation concerning reindeer husbandry and this has led to much controversy. In Sweden, legislation on EU Natura 2000 areas identifies reindeer herders as stakeholders among many others, i.e. it does not as such address the Sámi as indigenous people. In Finland, the Act on Metsähallitus was amended in 2016 to be in compliance with EU trade laws; however, the new Act does not recognise any special status of the Sámi as indigenous people, giving rise to concerns especially with regards to reindeer husbandry. The extension of Protocol No 3 to the Accession Treaty to other matters by a unanimous vote of the Council could be a solution to protect Sámi’s reindeer husbandry vis-à-vis EU legislation. Simultaneously, EU legislation should be interpreted in the light of the relevant rules of international law concerning indigenous peoples.

Krittika Singh and Timo Koivurova

In the South China Sea Arbitration 2016, the Tribunal ruled on the criteria to determine the historic status of waters. Historic title claims are exceptional as they create rights and obligations outside the United Nations Convention on the Law of the Sea (UNCLOS). This article examines the Canadian historic title claim to the Northwest Passage in light of the ruling. First, the article will go into the Tribunal’s analysis of the criteria and standard of evidence required for establishing a historic rights/title claim (specifically, China’s claim in the South China Sea). Next, Canada’s claim will be tested against the three general criteria (effective exercise of jurisdiction, passage of time and acquiescence by foreign states). The goal of this article is to highlight the positive and negative aspects of Canada’s historic internal waters claim.

Outi Penttilä

Recently, the Arctic has transformed from a peripheral region to an area of great interest, for instance in terms of oil drilling. Nonetheless, no legal instrument has addressed the matter of accountability for transfrontier oil pollution damage. This article accordingly evaluates whether the current legal constructs, meaning State responsibility, international liability, civil liability regimes, and multilateral environmental agreements, allow accountability to be established for transboundary environmental harm resulting from hydrocarbon exploitation in the Arctic. It also examines whether these constructions could serve as the basis for future legislative actions. This article treats these four constructions as layers of accountability. After examining all of the layers in their current formulation, this article asserts that the existing layers cannot establish accountability for transboundary environmental damage in the Arctic, nor do they as such offer an effective way to regulate accountability in the future. Therefore, the article concludes that the law of accountability necessitates a new approach, such as a non-compliance mechanism or hybrid system combining elements of multiple layers. Finally, the article calls for immediate legislative actions.

Mikael Lundmark

Based on an ongoing case in Sweden, where Girjas Sami village sued the Swedish state for violation of property rights, this article examines the European Court of Human Rights’ potential influence in the Arctic region’s legal system when it comes to protection of property of Arctic indigenous peoples. This article shows that notwithstanding the historical background of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the case law of the Court provides a solid foundation to advocate that the Court can take a more active role in protecting the rights of Arctic indigenous peoples. What is different in the case of indigenous peoples is that their rights pre-exist that of a modern state, and this does not correlate with the structure of the Convention, which seemingly leads to less protection under the Convention for indigenous peoples. This puts a higher level of responsibility both upon the applicants, as well as on the Court to scrutinize, and apply, the case law of the Court in line with the Convention and the adopted principle of interpretation.

Ekaterina Britcyna, Soili Nystén-Haarala and Minna Pappila

This article focuses on the participatory rights of local people living in the areas of extensive oil industry operations in the Izhemskii district of the Komi Republic in Russia. The district has long been suffering from oil leaks and resulting negative environmental impacts. Lukoil-Komi bought the business directly after the Soviet era and inherited the ecological threats related to old and rusty pipelines. Lukoil-Komi has promised to put things in order, but a great deal remains to be done.

This article scrutinizes how statutory law and private governance interact in protecting the participatory rights of local people living in the vicinity of oil production in Komi. First, we evaluate what participatory rights Russian legislation guarantees to local people when oil production arrives in a new area or when new wells are being explored or opened. Second, we elaborate how the major oil company in the region – Lukoil-Komi – fulfills its corporate social responsibility (CSR) in the area of participatory rights and how local people feel about their possibility to exercise their participatory rights. As participatory rights, we discuss both procedural justice with public hearings and distributive justice in the form of benefit-sharing between the company and local community. The wider perspective on participation is due to Russian CSR practices. In Russia, companies tend to earn their Social License to Operate (SLO) through benefit-sharing, often within private governance. This practice is based on the social partnership agreements between authorities and companies. These contracts have path-dependent features resembling earlier Soviet solutions. The same can be claimed to apply to a wider SLO with more focus on local communities. We argue that Lukoil-Komi has not yet been able to achieve an SLO (local acceptance) due to the lack of participatory rights and continuing environmental problems. Most local people are not willing to trade a clean environment and participatory rights for the social benefits the company offers. However, the social partnership agreement concluded between Lukoil-Komi and a local NGO, Izvatas, could be a step forward in achieving a local SLO.

Sune Tamm, Julia Jabour and Rachael Lorna Johnstone

On 13th October 2015, Iceland quietly submitted its instrument of accession to the Antarctic Treaty to the US Department of State (the depositary for the Antarctic Treaty). Iceland’s accession was not accompanied by any official declaration or public discussion in Iceland or elsewhere. This paper investigates some of the factors that are likely to have spurred the decision to join the Antarctic treaty system, examines current Icelandic interests in the Antarctic and proposes constructive policies to enhance Icelandic involvement in Antarctic governance and cooperation following the accession. The authors conclude that logistical operations and adventure tourism involving Icelandic companies in the Antarctic are the most likely triggers for the accession and they propose that Iceland consider ratification of the Protocol on Environmental Protection to the Antarctic Treaty (Madrid Protocol).

Daniela Tommasini and Shenghan Zhou

During the last years an increasing number of Chinese tourists are travelling to the Arctic regions. Rovaniemi in Finland is one of the most popular destinations among them. Here Chinese tourists, with a preconceived image of the Arctic, can enjoy clean air and nature, meet Santa Claus, see the Northern Lights, and thus meet their expectations.

This paper is based on an online survey made in April and May 2016 among Chinese that went to visit Rovaniemi and its surroundings.

Results show, among other things, that there are a growing number of tourists organising their own travel, and a higher demand for leisure activities. The level of satisfaction after the experience is pretty good, and the expectations, according to the pre-formed images, are fulfilled.

Karin Buhmann

This article takes point of departure in the case of Greenland to examine how public authorities in Arctic societies may deploy the ideas inherent in Corporate Social Responsibility (CSR) to engage multinational corporations or national companies in contributing to addressing societal needs. Drawing on the emergent international law regime on CSR, it discusses the role of OECD’s Guidelines for Multinational Enterprises to encourage companies explicitly or implicitly to contribute to societal needs. The discussion points to similarities between social and environmental impact assessment and the risk-based due diligence approach recommended by OECD’s Guidelines. It also points to similarities between Impact Benefit Agreements and the Guidelines’ recommendations for companies’ contributions to host societies through employment of local labour and transfer of skills. This focus fits closely with public policy objectives expressed by Greenland’s Self-Government in regard to mining and underscores the pertinence for Greenland to consider acceding to the Guidelines.

Andrew Jackson

This paper examines the operation of consensus within the Antarctic Treaty System, examining its role as the primary mechanism for achieving important decisions affecting Antarctic governance. It points out that consensus does not equal unanimous agreement, but it does rely on the absence of formal objection. As an example, the paper focuses on the shift from the 1988 Antarctic minerals convention (which regulated possible mineral resource activities) to the 1991 environmental protocol (which prohibited such activities and put in place comprehensive environmental measures). The events and processes associated with this short but important period in Antarctic history are examined to present a picture of the complexity of factors that can influence the achievement of consensus. The paper draws on new research sources, made possible by the recent release of government archives relating to the events discussed. It thus complements existing analyses which relied on the limited publicly accessible records of the inner workings of Treaty meetings and the diplomatic interactions of Treaty Parties. It concludes by pointing to the ongoing importance of consensus as the Treaty System continues to grow.

Editors The Yearbook of Polar Law Online

Clive R. Symmons

It is generally accepted that UNCLOS applies to polar seas. However, particular problems can arise thereunder in such seas because of their ice-bound environment. One such regional problem is because global warming causes particular issues for insular formations there; not only in terms of the very definition of ‘islands’ (e.g., is frozen sea water equivalent to “land” in terms of above-surface appearance under Art. 121 [1] of UNCLOS?); but also in terms of their lawful use in generation of maritime zones therefrom. For example, in recent years new above-surface formations have been discovered in the Arctic (such as ‘Yaya Island’) because of glacial melting and sudden visibility. These formations may potentially generate new maritime zones for their owner State (albeit not EEZs/continental shelves because of Art. 121 [3] of UNCLOS); and may be opportunistically used in negotiation of maritime polar boundaries (as in the case of Tobias Island off Greenland). Where tips of glacial capes have been used as straight baseline points, any remaining terrestrial formations may be a useful ‘fall-back’ position on ice melt-down. Typically low-lying new terrestrial features (now uncovered by glaciers) may have no prospect of long-term existence above sea level; and some may have inherent mobility (as is a particular Arctic problem with ‘barrier islands’). The other side of the coin of polar ice melt-down is that existing low-lying and small islands will likely disappear with increasing sea levels; so causing problems of continued use as basepoints for generation of maritime zones; and a potential duty to retract maritime claims.

Ayo Næsborg-Andersen and Bassah Khalaf

Previous studies show a lack of deference and activities when it comes to women’s human rights and gender equality in the multi-level governance of the Arctic. According to the Committee on the Elimination of Discrimination against Women, women in the Arctic are vulnerable, in particular indigenous and rural women. Their rights are not upheld in the Arctic states for example when it comes to exposure to violence, equal participation in governing bodies, and economic self-support. The public governing bodies have almost no focus on gender equality at all, despite far-reaching international obligations and, for several of the states, national ambitious agendas for gender equality politics. International instruments with obligations to strive for gender equality, such as the CEDAW, the ILO Convention 169 and UNDRIP, are scarcely referred to and not sufficiently implemented by the public governance bodies.

The aim of this article is to raise awareness of the obligations set up by human rights documents to promote women’s rights in the governance of the Arctic, in order to put pressure on the states to develop strategies for a future gender equal governance. We have a special focus on the general lack of awareness within public governance, and on men’s intimate partner violence against indigenous women.

Yuanyuan Ren and Dan Liu

In an era of climate change, economic globalization, and technological innovation, the Arctic region has been increasingly open to competing jurisdictional claims, commercial activities, and outside players. In the meantime, China’s engagement in the Arctic has drawn great attention. While some Arctic commentators are concerned about China as a threat to the region, many Chinese officials and scholars tend to portray China as a “rule-follower” in the Arctic. However, this “rule-follower” image fails to take full account of the evolving nature of Arctic governance and Arctic international law. This paper recasts China’s role in the Arctic. It argues that, to fulfill a “constructive participant” role in Arctic development, China can participate as a rule follower, a constructive challenger, and a keen learner concurrently, depending on the different issue-areas involved.

Tanja Joona

The article examines the common global phenomenon of indigenous urbanization. In Finland, more than 75% of the indigenous Sámi children are born outside the Sámi Homeland area. The development is fast and poses different kind of challenges for the entire Sámi society and culture. Youth and women are more likely to settle in urban areas and it is their Sáminess that is to survive or die in the cities. Indigenousness is no longer tied with traditional livelihoods or land use but instead requires other forms of cultural maintenance. In the contemporary situation Sámi have started through their own associations and networks require more appropriate services in the cities, including Sámi language learning in the schools and kindergartens. This is not always satisfactory. The article evaluates the existing international and domestic (Finland) legislation in regard to Sámi language, but also the implementation of these rights in practice.

The author would like to acknowledge that the article is based on a joint research project called NUORGÁV – An urban future for Sápmi?, between Norway, Sweden, Finland and Russia, where it is studied how Sámi youth organise and network to impact urban Sámi policy. The project is funded by the Research Council of Norway and administrated by Norwegian Institute for Urban and Regional Research (NIBR).

Romain Chuffart

This paper discusses and compares the evolution of language policies, laws and rights for indigenous peoples and minorities living in six of the eight Arctic states. It focuses on language rights of indigenous peoples living in the Fennoscandian Arctic (Sami people of Norway, Sweden, and Finland), in the American Arctic (Alaska) and in the Canadian Arctic (Nunavut, Northwest Territories, and Yukon). This paper also focuses on linguistic rights in Greenland. The aim of this study is to add to the discussion about how the use of indigenous languages in the public sphere (education, the judicial system, and interactions with the government) helps indigenous-language speakers who live in the Arctic to preserve their ways of life and their cultural identities. This paper posits that asymmetrical management is key to fulfilling indigenous linguistic rights. Devolution of language planning and policy implementation to the relevant local authorities often makes sense from a state viewpoint and, although it is not enough, it can be beneficial to indigenous speakers.

Ulrike Barten and Bent Ole Gram Mortensen

The exploitation of minerals in Greenland is governed by the Greenlandic Mineral Resource Act of 2009. Among the mineral resources is uranium. The exploitation of minerals lies within the competences of the self-government. However, the areas of foreign policy and security remain the competences of the Realm. When the socalled zero tolerance policy was lifted in 2013, the Danish Government insisted that uranium mining could not be under the (sole) competences of the Greenlandic self-government, as uranium is a dual-use good. In January 2016, the Greenlandic and the Danish government signed an agreement on exploitation and export of uranium and other radioactive resources. We are now are left with the question of competences not being unequivocally legally solved. And in addition we have open questions as to responsibility under international law.

Monica Burman and Eva-Maria Svensson

Previous studies show a lack of deference and activities when it comes to women’s human rights and gender equality in the multi-level governance of the Arctic. According to the Committee on the Elimination of Discrimination against Women, women in the Arctic are vulnerable, in particular indigenous and rural women. Their rights are not upheld in the Arctic states for example when it comes to exposure to violence, equal participation in governing bodies, and economic self-support. The public governing bodies have almost no focus on gender equality at all, despite far-reaching international obligations and, for several of the states, national ambitious agendas for gender equality politics. International instruments with obligations to strive for gender equality, such as the CEDAW, the ILO Convention 169 and UNDRIP, are scarcely referred to and not sufficiently implemented by the public governance bodies.

The aim of this article is to raise awareness of the obligations set up by human rights documents to promote women’s rights in the governance of the Arctic, in order to put pressure on the states to develop strategies for a future gender equal governance. We have a special focus on the general lack of awareness within public governance, and on men’s intimate partner violence against indigenous women.

Akiho Shibata and Maiko Raita

At the Arctic Council’s Iqaluit Ministerial Meeting in April 2015, the eight Arctic States decided to extend the mandate of the Task Force on Enhancing Scientific Cooperation in the Arctic (SCTF) in order to work toward a legally binding agreement on scientific cooperation. Based on the Oslo Draft of February 2015, this paper finds that the Agreement may improve the legal environment for Arctic science beyond current international law, including the law of the sea. The Agreement would lower the hurdles heretofore identified in international Arctic scientific cooperation, for example, the difficulties in accessing research areas and research facilities; and, the delays in border crossing procedures for entry and exit of scientists and their equipment and materials. Such an agreement is a good idea and should be promoted. However, non-Arctic States and their scientists may have an issue because the improved legal environment that is sought may benefit only the eight Arctic States and their scientists. In effect, the Agreement may create a two-category system where non-Arctic States and their scientists do not benefit from such improved environment. This paper examines whether they have substantial interests recognized under international law or by the Arctic scientific community by which they can claim certain benefits of the Agreement. We argue that the degree of benefits to non-Arctic States and their scientists under the Agreement should be commensurate with the degree of substantial interests accorded them by international law and by the Arctic scientific community.

Aileen M. Nimick and Bradley P. Harris

Commercial fisheries in the United States are managed by eight regional fisheries management councils operating under the authority of the National Marine Fisheries Service (NMFS, Department of Commerce) and governed by the Magnuson-Stevens Fisheries Conservation and Management Act and accompanying federal guidelines. The Act mandates that NMFS identify essential fish habitat (EFH) for fish stocks and minimize, to the extent practicable, adverse effects to EFH through the councils’ fishery management plan development and revisions process. The statute and regulatory guidelines implicitly assume that NMFS and councils have the scientific information necessary to make informed EFH designations for all commercially harvested species, assess the realized or potential threats to EFH, and have the management tools to protect EFH. Further, the interpretation and implementation of several important, but ambiguous, terms in the guidelines are left to NMFS and the councils. Our thesis is that these factors (specifically, insufficient information support and regulatory ambiguities) can and are resulting in inconsistent and potentially sub-optimal fish habitat management throughout the country. As we enter an era of increased climate variability these factors may be having a disproportionally high impact in higher latitudes where change is expected to be more rapid. Here we provide a brief history of essential fish habitat regulations, explain the issues arising from the state of the science and regulatory ambiguities, and conclude with a discussion of the implications and recommendations for United States high latitude EFH management.

Simon Marsden

This article analyses the potential to apply legal and policy instruments from the ‘First Pole’, (the Arctic), to the ‘Third Pole,’ (the Himalayas/Tibetan Plateau) – the Antarctic is the ‘Second Pole.’ The Third Pole shares many environmental challenges with the Arctic: territorially both are comprised of nation states with domestic agendas; the issues of climate change, development and energy security are also common to both, and have transboundary dimensions. While acknowledging the contextual differences between Arctic states in the North and those with territory in the highest part of Asia (and the world), the growing relationship between them, institutions which regulate their affairs, and these shared challenges suggest there is opportunity to develop Third Pole environmental governance. The article reviews Arctic Council arrangements, focusing upon the South Asian Association for Regional Cooperation, and South Asia Cooperative Environment Program as reform platforms. It finds potential exists if political will is forthcoming, particularly on the part of China and India.

Bent Ole Gram Mortensen and Ulrike Barten

Are the Inuit in Greenland an indigenous people under international law? And what are the consequences of that categorization? This article focuses on the right to self-determination as the Inuit are recognized as an indigenous people; however, the Greenlanders have the explicit right to independence. The article concludes that the Self-Government Act can be regarded as the pitfall for the Inuit as an indigenous people. So far, nobody has fallen in; however, independence may mean an end to the status as an indigenous people. While the law might be considered relatively clear on this, the self-identification as an indigenous people will most likely not stop overnight.

Johnny Grøneng Aase and Julia Jabour

In 2000, the International Maritime Organization (IMO) adopted a new requirement for all international and cargo ships exceeding a certain size, and all passenger ships, to carry Automatic Identification System (AIS) transponders capable of providing information about the ship to other ships and to coastal authorities automatically. The requirement became effective for all ships on 31 December 2004. AIS provides other vessels with information about, for example, a ship’s identity, position, course, speed and destination.

The IMO is finalizing implementation of the Polar Code for the safety of vessels, which will apply in both polar waters and will require additional information about the profile of the fleets of ships operating there. However it must be noted that the AIS data is generally only available from legitimate operators (for example, licensed fishers, tourist operators and vessels on government service) and if the AIS transponder is turned off, the vessel becomes virtually invisible. This methodology, therefore, is not a stand-alone system.

Norway has currently two satellites in polar orbit capable of receiving AIS signals. AIS is an excellent tool to track tourist vessels and as such create situational awareness and assist in search and rescue operations in the Arctic. The paper presents findings from three regions in the High Arctic: east of the coast of Greenland, north of Svalbard and surrounding the Russian archipelago of Franz Joseph Land, for the years 2010 to 2014 about maritime activities in these regions with a focus on passenger and fishing vessels. It also suggests other satellite-based means for verifying the AIS data.

Kristoffer Svendsen

The article examines the impact of choice-of-law rules in cross-border pollution damage caused by petroleum spills from offshore rigs and installations in the Barents Sea. Norway and Russia share the Barents Sea, and the ocean currents go from West to East. Therefore, the article examines the impact of an oil spill from a Norwegian licensee on the Norwegian side of the Barents Sea on a Russian party harmed by the spill on the Russian side of the Barents Sea. The article shows the procedural hurdles a Russian harmed party would need to jump in order to access Norwegian courts. The question of venue is clear. Lex loci damni is the principle enacted in the Norwegian Petroleum Act. It contains a unilateral extension of protection in delict law to Norwegian interests harmed in Russia, which is not extended to injured Russian parties harmed within the Russian jurisdiction, for situations where the source of harm is located on the Norwegian side of the Barents Sea. An injured Russian party forced to pursue a legal claim against a Norwegian licensee without assets in Russia may receive no compensation because no agreement exists between Norway and Russia regarding recognition and enforcement of foreign court judgments.

Matti Niemivuo and Lotta Viikari

This article provides an overview of the legal regulation involved in building – and dismantling – the Nordic welfare state in Finland. Within this context this article details how legislative reforms have been reflected in the development of Northern Finland, as well as the effects on the Sami population and a comparison between Nordic countries.

The Nordic welfare state was implemented in Finland primarily through parliamentary legislation. Human and fundamental rights played no role in the process of building the welfare state. The beginning of the 1990s marked the end of what had been massive build-up of the public sector. Over the last 20 years or so we have seen cutbacks in municipal services such as schools, healthcare centres, and social services.

The future of municipal government in Finland looks very different than it did when the welfare state was being created. We may well be facing a bleak future with weaker municipalities, fewer public services, less state funding for municipalities, less manoeuvring space in relation to the state, and more privatisations. Wise structural reforms might be the way ahead if we want to create functional regional and local governance and thus to guarantee the future of the Nordic welfare state in Finland.

Editors The Yearbook of Polar Law

Małgorzata Śmieszek, Adam Stępień and Paula Kankaanpää

The scientific assessments of the Arctic Council (AC) have been widely regarded as the most effective products of the AC. Yet, so far comparatively little scholarly attention has been given to this primary area of the Council’s work. This paper examines the most recent assessment work within the Arctic Council. In order to do this, we build on the literature on global environmental assessments to analyze whether this work exhibits design features and is carried out in a way that enhances the potential for AC assessments to be effective. We understand the effectiveness of assessments to influence decision and policy-making in the Arctic Council itself, but we also look beyond its structures. This paper focuses on four case studies: Arctic Biodiversity Assessment (ABA), Arctic Human Development Report-II (ADHR-II), Arctic Resilience Report/Arctic Resilience Assessment (ARR/ARA) and Adaptation Actions for a Changing Arctic (AACA). Whereas detailed examination of such influence is at this point not possible due to either very short time from their completion (ABA, ADHR-II) or the fact that the projects are still ongoing (ARA, AACA), the analysis of those assessments through the lens of a series of their design features provides us with some guidance in relation to their expected effectiveness in bridging science with decision-making in the AC and beyond. The article finds that whereas different processes exhibit different individual characteristics, all the studied assessments rank from relatively high to very high in terms of how their design may affect their salience, credibility and legitimacy. However, their actual policy influence will depend first and foremost on the political will of those ordering the assessments and wielding decision-making power in the Arctic Council.

Rachael Lorna Johnstone

The United Kingdom has a longstanding interest in the Arctic and has recently begun to develop a set of guiding principles for its engagement in the region. Although the UK has a great deal to offer in terms of scientific research and expertise, it is missing an opportunity to engage more fully with issues of importance to the Arctic region.

Harry Badera

Kathryn Mengerink, David Roche and Greta Swanson

Co-management is an effective tool through which Alaska Native communities can pursue self-governance and self-determination in regards to marine mammal resources. In the Arctic, co-management typically aims to promote environmental conservation, sustainable resource use, and equitable sharing of resource-related benefits and responsibilities. This paper traces a variety of co-management regimes and other international management frameworks, and posits that co-management of subsistence resources is not just a legal issue or a governance issue, but rather, it is an issue of human rights and environmental justice. It concludes that co-management regimes are most successful when they integrate frameworks for shared responsibility, and build long-term relationships on mutual trust and strong legal agreements.

AJ Tony Press

This short paper examines how the Antarctic Treaty and its Protocol on Environmental Protection deal with mineral resource activities and the steps that would be required to lift the current ban on mining in the Antarctic.

Natalia Loukacheva

On 2 September 2014, in the Canadian town of Iqaluit – the territorial capital of Nunavut – the founding meeting of the Arctic Economic Council took place. By relying on founding documents, interviews with stakeholders who were engaged in the development of the concept of the Council, and by following the process of its establishment, the author examines why the Arctic Council established this new independent body. The article looks back at the history of the Arctic Council’s relationships with business and examines what the objectives of the new Arctic Economic Council are. It also explores how the new council will do business and concludes by posing questions about how the Council might facilitate economic development, entrepreneurship, a new vision and dialogue, and generally how it can best serve the circumpolar business community, Northern and Indigenous stakeholders.

Bent Ole Gram Mortensen

Contrary to the Antarctic, the Arctic is populated with people who have needs that must be fulfilled. Modern welfare demands income and, in the Arctic, mining is a potential source. This paper will focus on Greenland, an autonomous region where the indigenous people are still the majority. Greenland is part of the Kingdom of Denmark (the Realm) but in recent years has taken an increasing number of steps towards independence. The Self-Government Act (2009) is the last major step. Hard minerals and oil extraction are hoped to form an economic basis for independence.

Timo Koivurova

This article examines moments of opportunity when non-governmental organisations (NGOS), inter-governmental organisations (IGOS), the European Union or nation-states have shown interest in discussing or commissioning studies on a comprehensive Arctic Treaty as a way to govern the region.

These ‘windows of opportunity’ moments will be studied chronologically, starting from the end of the Cold War and progressing to the present day. It is also interesting to examine these proposals and their positioning against the current landscape of Arctic and global governance. The article will then examine how the region’s nation-states and other actors have actually opted to meet the challenges of this intensely transforming region, asking whether the states or other authoritative actors have been in favour of a comprehensive Arctic Treaty or if they have preferred to adopt some other solutions in respect to Arctic policy and law. Finally, it is of interest to examine the possible ways forward in governing a region that is undergoing dramatic transformation due to climate change and economic globalisation.

Denzil G.M. Miller

The ‘Final Act of the Conference on the Conservation of Antarctic Marine Living Resources’ included a statement made on 19 May 1980 by its Chairman. The ‘Chairman’s Statement’ addressed the CAMLR Convention’s application in waters adjacent to the Kerguelen and Crozet Islands over which France exercises jurisdiction by virtue of its sovereignty over the islands. The Statement included explicit reference to waters adjacent to other islands within the CCAMLR Area, where the existence of State sovereignty is recognised by all the Convention Contracting Parties. In 2007 the CCAMLR Performance Review noted the increasing frequency with which some Commission Members were invoking the Chairman’s Statement. In particular, the Review Panel expressed the view that a point has been reached where any Conservation Measure adopted by CCAMLR invariably attracts a formal reservation on the perception that a conservation measure affects the maritime jurisdictions of certain Members, particularly those exercising national sovereignty over sub-Antarctic islands in the CCAMLR Indian Ocean sector. This paper examines the background to, and practices associated with, applying CCAMLR Conservation Measure reservations under the Chairman’s Statement.

Bjarni Már Magnússon

China has been engaging more actively in the Arctic, as echoed by the Arctic Council’s admittance of China as a permanent observer in May 2013. China’s interest in the Arctic can to a large extent be explained by climate change shrinking the ice cover of the Arctic Ocean, which has sparked interest with respect to possible exploitation of natural resources and new shipping routes. One aspect of the possible exploitation of natural resources concerns the International Seabed Area. The Stockholm International Peace Research Institute’s policy paper on China’s Arctic aspirations stated that “many Chinese scholars believe that UNCLOS does not entirely safeguard China’s perceived Arctic interests” concerning the continental shelf beyond 200 nautical miles. One scholar noted that “[i]f the Arctic states succeed in their claims to extend their outer continental shelves, the international community’s and China’s right to fairly benefit from Arctic resources will be weakened”.

This article asks whether China can act as a watchdog against excessive continental shelf claims beyond 200 nautical miles by the littoral states and shield the idea of the common heritage of mankind, as enshrined in the Area. More precisely, the article will ask whether China can bring a case before an international court or tribunal against one of the littoral states if it establishes the outer limits of the extended continental shelf beyond what they are entitled to according to UNCLOS.

Cécile Pelaudeix

Initiated in 2008, the EU’S Arctic policy acknowledges the evolving geo-strategy of the Arctic region and intends to secure the EU’S trade and resource interests as new actors like China enter the Arctic arena. This paper shows that China’s growing assertiveness in the Arctic has impacted upon both EU Arctic policy and EU foreign policy. The new China’s trade interests in the Arctic, in particular the sensitive issue of rare earth elements, have triggered various moves in the EU in terms of trade and cooperation policies. The use of international law gives the EU some leeway to manage legal tensions with China which may still remain in some sectors, and which may also arise in connection with China’s legitimate aspirations in terms of becoming a rule maker as well. On an institutional level, engaging in an ambitious agenda with China also proves that the European External Action Service has gained in efficiency and internal coherence. Finally, this article also shows that the increasing connection of the EU’S Arctic policy with major bilateral relations calls for strengthened EU diplomatic attention in order to respect the principles guiding the EU’S action on the international scene as stated in the Treaty of the European Union, and to avoid a Eurocentric attitude that could undermine the ability of the EU to be a global actor. EU-China cooperation on Arctic issues certainly relies on a strong potential for cooperation, but it also represents additional challenges for the integrated EU Arctic policy that is expected by the end of 2015.

Victoria Herrmann

As the world enters into a new century, Arctic countries, indigenous groups, non-state actors, and even non-Arctic nations such as China and India are intensifying their political and economic investments in the circumpolar region. The potential of an ice-free pole in the near future promises unprecedented opportunities of energy resources, trade routes, and mineral extraction. Nonetheless, few political leaders have or will ever travel to the far north. In a place so geographically remote from those who are taking interest, images and supportive textual discourse have become a medium for legitimising actions and statements. Each selective compositional or contextual element determines the realm of visibility and invisibility, enacting a particularly politicised disposition from its audience. The purpose of this work is to demonstrate how images of indigenous communities in the Arctic function as currency in debates of climate change, human rights, and native agency. First, the piece explores the human rights implications of a changing climate for native Arctic communities. This article then explores the implications of narratives of traditional knowledge being drawn onto abstract grids of historic victimisation through their engagement with international law, institutions, and human rights campaigns. Through this, the article shows that these images and aesthetic codes have constructed and conditioned changing perceptions of human rights and responsibility in a melting Arctic. The analysis considers the role visual narratives generally play in human rights within the climate change discourse and their implications for law reform and strategies for achieving climate justice.

Brendan Gogarty

The recent judgment in the International Court of Justice case Whaling in the Antarctic (Australia v. Japan: New Zealand intervening) determined that Japanese ‘special permit’ whaling in the Southern Ocean was not ‘for the purposes of scientific research’. This is the only exemption permitted under the International Convention for the Regulation of Whaling’s current moratorium on commercial whaling. The Court made its determination by characterising the Japanese research program as a scientific program, but failing to define what scientific research actually was or was not. This paper presents the background to the decision, and challenges the reasoning of the Court and its standard of review test. It concludes that the Court failed to take the opportunity to offer a clear determination to states on their legal–scientific obligations within international law.

Michael Johnson

This paper identifies parts of the International Court of Justice’s judgment in Whaling in the Antarctic (Australia v. Japan: New Zealand intervening) that might hold broader relevance beyond the International Convention for the Regulation of Whaling, and explores what that might entail for the Antarctic Treaty System. There are four aspects explored. First, an analysis of the Court’s treatment of Japan’s challenge to jurisdiction that touched upon the relevance or otherwise of Antarctic sovereignty to the issues at hand in the case. Second, the Court’s drawing of important conclusions from the Whaling Convention’s status as an ‘evolving instrument’, in light of it having a treaty body with ongoing decision making responsibility will be discussed. Third, to what extent might the Court’s assessment of the concept of ‘science’ in a legal context find relevance in Antarctic obligations will be analysed. Finally, the success of the claim brought by Australia, and the manner in which the Court addressed the issues before it, and whether they bear any consequences for potential, future environmental cases, will be discussed.

Mauro Mazza

Indigenous peoples of the Arctic are currently faced with a dilemma. On the one hand, the preservation of their customs, the traditional lifestyles and cultural values is closely related to the maintenance of the environmental characteristics of the territories inhabited since time immemorial. On the other hand, the needs of the development of economic activities, represented primarily by the extraction of minerals and exploitation of energy resources, pose new challenges with respect to which the decisions are not taken – as is obvious – only by Arctic indigenous communities, and that may also be important for the natives as a chance to better their overall living conditions (in terms of labor, employment and education, for example). Arctic states have addressed these issues with different legal tools. The latter range from US land claims settlements to recognition of ‘ancestral’ and treaty rights in the constitutional order of Canada, to the creation of Sámi Parliaments in the Nordic countries, or the peculiar rules for the county of Finnmark in Northern Norway, approved in 2005, which give broad powers to the indigenous communities. In turn, the Greenlandic statute of autonomy in force since 2009 did not prevent tensions between the Inuit communities in Greenland and the Danish central authorities regarding the exploitation of natural resources and energy, including uranium. Less adequate, in comparison with the other Arctic states, appears the protection of Sámi in northern Russia, not so much in terms of regulation, but from the point of view of the effective application of existing rules. Anyway, useful legal instruments for effective protection of specific minorities represented by Arctic indigenous peoples can come also from the provisions of the international law of human rights, both that specifically dedicated to the natives and the rules of general human rights. In the light, therefore, of the tensions, but also the opportunities, offered by the exploitation of natural resources, the article examines the legal systems of the Arctic states, with particular attention to the situation of indigenous peoples.

Matti Niemivuo

I will begin this article by saying a few words about the role of human and fundamental rights in Finland, one of the countries where the Sámi live. Following this general review, I will deal with the guarantees that International Human Rights Law and the Constitutions of Finland, Norway, Sweden and Russia provide for the Sámi as an indigenous people. After that I will then go on to examine how fundamental rights of the Sámi have been implemented in Finland. And finally, I will ask whether human and fundamental rights can be invoked in order to improve the position of the Sámi in an increasingly globalised world.

David Leary

Many Asian states such as China are increasingly engaged in maritime activities in the polar regions. The International Maritime Organization (IMO) has developed a mandatory international code of safety for certain types of ships operating in polar waters (the Polar Code) which applies to the vessels of Asian and non-Asian states alike. The Polar Code covers a wide range of issues including ship design and construction, equipment, operation, crew training, search and rescue and environmental protection relating to ships operating in the polar regions. This article examines the Polar Code, which will be implemented via amendments to the International Convention for the Safety of Life at Sea (SOLAS) and the International Convention for the Prevention of Pollution from Ships (MARPOL). It considers the extent to which the Polar Code lays the foundations for a sustainable future for shipping in the polar regions.

Adam Stępień

The European Union’s overarching policy towards the Arctic is an umbrella policy of complementary and coordination nature composed of internal, external and foreign policy elements. This article examines the policy framework from the perspective of ‘coherence’. What could a coherent and integrated EU Arctic policy entail – as called for by the Council and the European Parliament? I problematise the notion of coherence and offer an understanding of coherence deemed workable in the context of a regionfocused policy-making. Different dimensions of coherence are discussed: internal (lack of contradictory objectives), institutional (coherence between EU institutions), vertical (between the EU and its member states) and external (interaction with other Arctic actors). A number of interrelated contradictions or dichotomies are identified with focus on: Circumpolar versus European Arctic, maritime and terrestrial, internal and external, environmental and developmental goals. There is also a tension between the eagerness to adjust to narratives prevalent in the Arctic – owing to the anxiety of Arctic actors regarding the EU’S presence – and the need to respond to internal voices and retain EU values. While coherence as an ideal goal is a necessary principle of policymaking, its practical application may be counterproductive to a cross-cutting policy field, unless the meaning of ‘coherence’ is specified. I argue that the umbrella Arctic policy should be characterised by procedural rather than outcome coherence. That includes developing and maintaining durable mechanisms for dialogue with Arctic partners, management of the impact of EU policies, ongoing identification of gaps, effective internal coordination frameworks, and modes of continued involvement in Arctic governance structures. The Arctic policy could provide input into general EU decision-making processes, especially if inconsistencies are revealed. Institutional setting with a less dominant role of services focused on maritime and external aspects should be considered.

Jill Barrett

This article explores the principal institutions of international governance of the Antarctic region, their members, and how open they are to new participants. It considers the relationship between the openness of these institutions to new participation and their long-term international legitimacy and efficacy. Taking as its starting point the Antarctic Treaty System, each constituent part is examined for participation, transparency and legitimacy. It applies these criteria to both State and non-State actors and to parties and non-parties. Ultimately it seeks to determine what factors have contributed to its success over five decades in a radically changing world, and what factors might contribute to its future vulnerability. The examination and conclusions might have resonance for what happens in the Arctic.

Akiho Shibata

This paper examines whether core foundational principles can be distilled from the 100 years of history of the legal order-making in the polar regions. Despite differences in geo-physical, socio-historical, and legal circumstances conditioning the Antarctic and the Arctic regions, the examination of the processes of legal order-making in both polar regions demonstrates that there are some foundational principles being assessed and applied in designing their respective legal regimes. The identification of those core foundational principles would not necessarily lead to similar end products, nor would such examination necessarily advocate, for example, an Arctic Treaty System. This paper, instead, submits that between the Antarctic and the Arctic there are mutual learning processes already discernible at the foundational level of process legitimacy in international legal order-making. This examination also provides a broader framework to assess the existing literature that sees certain interactions between the two regimes at the level of substantive principles and rules.

Indi Hodgson-Johnston

Three substantive areas of analysis have emerged in the legal scholarship of the validity in international law of Antarctic territorial claims. The first is the physical amenability of the Antarctic continent to claims of territory. The second, and largest, is the application of traditional laws of territorial acquisition to Antarctic claims. The alternative argument of Antarctica as res communis is the final substantive thread of discussion.

These threads of discussion have dominant arguments. They do not, however, have definite conclusions, leaving the academic conjecture as to the validity of Antarctic territorial claims unresolved. Article IV of the Antarctic Treaty makes an urgent definitive answer unnecessary. However, with new issues emerging related to sovereignty in Antarctica, such as Marine Protected Areas, and more activity from growing Antarctic Treaty membership, public discourse consistently raises the issue.

As we enter this new discursive environment, a review of the main arguments of the three substantive areas of legal scholarship is timely. This article will also attempt to identify the dominant attitudes regarding the validity of territorial claims to Antarctica.

Elena Gladun and Gennadii Chebotarev

Most of Russia’s oil and gas resources are located in Western Siberia, which is an environmentally fragile area, a home for indigenous peoples, and one of the world’s greatest land-based sinks for carbon dioxide emissions. Russian oil and gas development over the last fifty years has had significant environmental impacts on Western Siberia and may also have affected the world environment by adding to global warming. The Tyumen Region is one of the biggest administrative regions in the area. 60 per cent of Russia’s oil reserves and 80 per cent of Russia’s gas reserves are located in the northern territories of the Tyumen Region, much on its continental shelf. The legislation governing environmental protection on the federal and regional level lacks clear-cut rules and measures that can safeguard one of the world’s most valuable environmental areas. Another negative impact of oil and gas development is the disturbance to indigenous peoples who have populated the northern Siberian territories for thousands of years. Today, protection of their territories and traditional way of life in the areas of industrial development is insufficient. The authors analyse the Russian environmental regulations of oil and gas, outline main shortcomings and formulate some legal measures that should be incorporated into federal legislation and legislation of the Tyumen Region.

Alan D. Hemmings, Sanjay Chaturvedi, Elizabeth Leane, Daniela Liggett and Juan Francisco Salazar

Whilst nationalism is a recognised force globally, its framing is predicated on experience in conventionally occupied parts of the world. The familiar image of angry young men waving Kalashnikovs means that the idea that nationalism might be at play in Antarctica has to overcome much instinctive resistance, as well as the tactical opposition of the keepers of the present Antarctic political arrangements. The limited consideration of nationalism in Antarctica has generally been confined to the past, particularly “Heroic-Era” and 1930s–1940s expeditions. This article addresses the formations of nationalism in the Antarctic present. Antarctic nationalism need not present in the same shape as nationalisms elsewhere to justify being called nationalism. Here it occurs in a virtual or mediated form, remote from the conventional metropolitan territories of the states and interests concerned. The key aspect of Antarctic nationalism is its contemporary form and intensity. We argue that given the historic difficulties of Antarctic activities, and the geopolitical constraints of the Cold War, it has only been since the end of that Cold War that a more muscular nationalism has been able to flourish in Antarctica. Our assessment is that there at least 11 bases upon which Antarctic nationalism might arise: (i) formally declared claims to territorial sovereignty in Antarctica; (ii) relative proximity of Antarctica to one’s metropolitan territory; (iii) historic and institutional associations with Antarctica; (iv) social and cultural associations; (v) regional or global hegemonic inclinations; (vi) alleged need in relation to resources; (vii) contested uses or practices in Antarctica; (viii) carry-over from intense antipathies outside Antarctica; (ix) national pride in, and mobilisation through, national Antarctic programmes; (x) infrastructure and logistics arrangements; or (xi) denial or constraint of access by one’s strategic competitors or opponents. In practice of course, these are likely to be manifested in combination. The risks inherent in Antarctic nationalism are the risks inherent in unrestrained nationalism anywhere, compounded by its already weak juridical situation. In Antarctica, the intersection of nationalism with resources poses a particular challenge to the regional order and its commitments to shareable public goods such as scientific research and environmental protection.

Edited by N. Loukacheva

Zia E. Madani

Recently Iran commenced its scientific research activities in the Antarctic, namely through dispatch of scientists in collaboration with other foreign state scientific institutions with research stations in Antarctica. In the meantime, the Iranian Antarctic research plan received approval of the Iranian Ministry of Science, Research, and Technology and was then submitted to the relevant higher state organs for the allocation of budgets. However, there will be challenges on the trend towards Iranian active participation in the scientific research activities in the Antarctic, particularly from an international legal perspective. The author of this paper has been in charge of doing the preliminary legal studies of the plan in the Iranian National Institute for Oceanography and Atmospheric Science. Accordingly, this paper is intended to tackle the said international legal challenges. These include, but are not limited to: accession to the Antarctic Treaty and the Antarctic Treaty System (ATS); devising and implementing the Iranian polar roadmap in compliance with international law; codification and drafting of necessary domestic laws or/and revision of existing ones; analysis of the international legal regime of the Antarctic, particularly environmental protection; and the linking between Antarctic science and Antarctic policy. Addressing these questions and many others would result in the perception that even prior to becoming a party to the Antarctic Treaty and the ATS, relevant decisions have been made, and measures taken to be compatible with the existing legal regime in the Antarctic.

Edited by Gudmundur Alfredsson and Timo Koivurova

Ben Saul and Tim Stephens

One aspect of the ‘Asian Century’ has been the growing interest from Asian states in Antarctica and the Southern Ocean that surrounds the continent. There has been a significant shift in the approach by a number of Asian states to the Antarctic Treaty and the Antarctic Treaty System (ATS) that has been built upon and around it. While Asian states continue to be under-represented in the ATS (there are seven Asian state parties to the Antarctic Treaty), participation has grown, and more significantly the view that the ATS is an ‘exclusive club’ dominated by developed states has given way to a more pragmatic, more cooperative and less ideological approach to Antarctic affairs. Broadening ATS membership and increasing interest from existing Asian state parties to the ATS, most notably China, prompts questions as to whether there are distinctive Asian–Antarctic issues, and if so whether the Antarctic regime can evolve to address them. Specifically, are the governance and law-making processes of the ATS, which have not changed significantly for decades, up to the task of providing an effective international system of Antarctic management in this Asian Century?

Nikolas Sellheim

In the Arctic, where there are seals there are seal hunters. And it is the Arctic states which have been hunting seals for generations. But contrary to other marine mammals, no comprehensive Arctic treaty exists which regulates the hunt for seals. Instead, each Arctic state has developed its own legislative framework for seal hunting. This article screens the current seal hunting legislation in the Arctic states and provides an assessment of the different regimes with regard to animal welfare, professionalism of the hunters and environmental considerations. While there are differences in the set-up of the respective legislation this can be explained by different historical geneses and underlying incentives. Historical developments and the purposes of the seal hunts are therefore discussed in light of current legislation. Lastly, this paper suggests that although a comprehensive sealing treaty in the Arctic is not feasible, close regional cooperation is a crucial element in seal management in the Arctic.

Julia Jabour

This article draws on the work of John Lewis Gaddis, a Pulitzer Prize-winning author and historian particularly well known for his scholarship on the Cold War. In his 1986 paper, “The Long Peace: Elements of Stability in the Postwar International System” Gaddis posited a range of plausible reasons for why neither the United States nor the Soviet Union took the ultimate step of initiating a nuclear war against the other. This restraint was founded on principles of mutual understanding of the consequences of such an action and contributed to what he termed the ‘long peace’ in post-Cold War international relations. This article examines why there has also been a ‘long peace’ in Antarctic relations, using Gaddis’s theories and applying them to the Antarctic Treaty Consultative Parties’ dealings with each other in the context of the Antarctic Treaty System – the legal regime that governs Antarctica. It finds that despite a radically different set of international relations circumstances today, Gaddis’s theories hold true. How long this long peace will last is not the point here; merely that it exists is cause for optimism.

Human Rights, State Sovereignty and Medical Ethics

Examining Struggles Around Coercive Sterilisation of Romani Women

Series:

Claude Cahn

Human Rights, State Sovereignty and Medical Ethics: Examining Struggles Around Coercive Sterilisation of Romani Women examines the mobilized use by people and groups of the international human rights law framework to move legal, policy and ultimately social change at national and local level. One particular case study is examined in detail: efforts by Romani women in the Czech Republic and Slovakia to secure legal remedy for coercive sterilization. International legal aspects of these cases are examined in detail. The book concludes by endeavouring to answer questions concerning the nature of international law and the evolution of the post-World War II international human rights framework, the structure of national sovereignty, and the potential impact of both on human autonomy.

Kees Bastmeijer and Tina Tin

The Consultative Parties to the Antarctic Treaty have frequently declared their collective ambition to manage Antarctica “in the interest of all mankind.” However, the concrete implications of these declarations are not clear. As part of an international research project, the authors asked people from different parts of the world to respond to a questionnaire about Antarctica, its values, and the way it should be managed. Notwithstanding differences in respondents’ nationalities, ages and the time of data collection, our results indicate that a significant proportion of the public values Antarctica both as a scientific laboratory and as one of the world’s last wildernesses.

Is this ‘public’s dream’ of co-existence of science and wilderness a Mission Impossible? In this article, we contend that: 1) in theory, it is a Possible Mission that would connect well with the recognition of science and wilderness in the Antarctic Treaty System (ATS) instruments; 2) in practice, science in Antarctica has gradual and cumulative impacts on all three main wilderness qualities of Antarctica (absence of permanent infrastructure, naturalness and large size); 3) currently, the co-existence of science and wilderness is not an important consideration in the management of human activities in Antarctica; and 4) in the future, unless a proactive and concerted effort is taken by the Consultative Parties, it appears to be a Mission Impossible, as the expansion of scientific activities and associated logistics remains uncontrolled, inexorably eroding the Antarctic wilderness. Recent ATS resolutions and high-level interventions may signify that Treaty Parties are becoming more aware of the need to increase their cooperation on the ground in Antarctica and hence, open up a space to allow the coexistence of science and wilderness in Antarctica to become possible. We propose the adoption of principles providing clear and concrete guidance on scientific facilities and international cooperation as a constructive step forward in realising the ‘public’s dream’ of coexistence of science and wilderness in Antarctica.