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  • Author or Editor: Akiho Shibata x
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In: "L’être situé", Effectiveness and Purposes of International Law
In: Whaling in the Antarctic
In: Ensuring Compliance with Multilateral Environmental Agreements
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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.

In: The Yearbook of Polar Law Online

This study sought to identify the major barriers to the implementation of the Agreement on Enhancing International Arctic Scientific Cooperation (2017) and to uncover ways of facilitating the Agreement that may enhance Russia–Japan scientific cooperation in the High North. The Russia–Japan case exemplifies the difficulties as well as the potentials of the Agreement in enhancing Arctic scientific cooperation between Arctic states and non-Arctic states. Ultimately, the study identified several possible ways to facilitate the Agreement’s implementation. This paper first examines these means within the Agreement’s legal framework; more specifically, it explores how to operationalize the effective review process established under Art.12, utilize the 2000 Japan-Russia bilateral Science and Technology Cooperation Agreement to implement Art.17 on ‘Cooperation with non-Parties’, identify Arctic research projects and infrastructure available under the Agreement, and designate appropriate authorities as contact points under Annex 2 of the Agreement. The paper then examines the potential of linking the Agreement’s implementation with other forums and institutions. In particular, it recognizes the Arctic Council as a platform for enhancing Arctic scientific cooperation and considers how cooperation within various Arctic professional organizations and associations may be revived and how to create synergy between the Agreement and Arctic Science Ministerial processes. This paper’s discussion is largely based on information and political contexts before February 24, 2022, but the concluding section provides a few policy suggestions specific to the implementation of the Agreement in light of the post-Ukraine situation.

Open Access
In: The Yearbook of Polar Law Online
In: "L’être situé", Effectiveness and Purposes of International Law
In: "L’être situé", Effectiveness and Purposes of International Law
In: "L’être situé", Effectiveness and Purposes of International Law