The Yearbook of Polar Law Volume 12, 2020

Series: 

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

The papers in this volume are principally based on presentations at the 12th Polar Law Symposium, held at the Institute for Marine and Antarctic Studies, University of Tasmania, Hobart, in December 2019.

Prices from (excl. VAT):

€314.00$377.00
Hardback
Edited by Gudmundur Alfredsson, Julia Jabour, Timo Koivurova and Akiho Shibata
Special Editor for Volume 12: Julia Jabour
Contents
PrefaceX
Gudmundur Alfredsson, Julia Jabour, Timo Koivurova and Akiho Shibata

Celebration of 60th Anniversary of Adoption of the Antarctic Treaty
Sir Guy Green

The Fundamental Principles of Polar Law
Ambassador Marie Jacobsson

Antarctic Law

Blue Ice, Meteorites, Fossil Penguins and Rare Minerals: The Case for Enhanced Protection of Antarctica’s Unique Geoheritage – An International Legal Analysis
David Leary

Biological Prospecting in Antarctica – A Solution-Based Approach to Regulating the Collection and Use of Antarctic Marine Biodiversity by Taking the BBNJ Process into Account
Katharina Heinrich

Legal Issues concerning DROMLAN under the Antarctic Treaty System
Osamu Inagaki

Legal Implications of China’s Proposal for an Antarctic Specially Managed Area (ASMA) at Kunlun Station at Dome A
Sakiko Hataya

An Overview of the Antarctic Treaty System and Applicable New Zealand Law
Trevor Daya-Winterbottom

The Déjà vu System of International Trusteeship in Continental Antarctica: A Textual Analysis
Xueping Li

Finding the ‘Conservation’ in the Convention on the Conservation of Antarctic Marine Living Resources
Lynda Goldsworthy

Compliance Evaluation and Sustainable Resource Management in the CCAMLR
Denzil Miller and Elise Murray

Challenges to Substantive Demilitarisation in the Antarctic Treaty Area
Alan D. Hemmings

Arctic Law

Lessons from the Finland’s Chairmanship of the Arctic Council: What Will Happen with the Arctic Council and in General Arctic Governance
Timo Koivurova

The Long Grass at the North Pole
Andrew Serdy

New Russian Legislative Approaches and Navigational Rights within the Northern Sea Route
Jan Jakub Solski

Global Co-management and the Emergent Arctic: Opportunities for Engagement and Collaboration between Arctic States, Indigenous Permanent Participants, and Observers on the Arctic Council
Barry S. Zellen

Some Icelandic Perspectives on the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean
Jóhann Sigurjónsson

Prevalence of Soft Law in the Arctic
Hema Nadarajah

From the Indian Ocean to the Arctic: What the Chagos Archipelago Advisory Opinion Tells Us about Greenland
Rachael Lorna Johnstone

Assessing Japan’s Arctic Engagement during the ArCS Project (2015–2020)
Romain Chuffart, Sakiko Hataya, Osamu Inagaki, and Lindsay Arthur

The Polar Code and Telemedicine
Johnny Grøneng Aase, Henrik Hyndøy,, Agnar Tveten, Ingrid Hjulstad Johansen, Hege Imsen, Eirik Veum Wilhelmsen, Trude Duelien Skorge, Alfred Ingvar Halstensen, Arne Johan Ulven, Jon Magnus Haga

Indigenous Peoples’ Rights

Corporate Behaviour towards the Upholding of Human Rights – Exploring the Possibilities of Human Rights Impact Assessment in the Sápmi Region
Anna Petrétei

Communities’ Reflections on Oil Companies’ Corporate Social Responsibility Activities in Utqiagvik, Alaska
Yu Cao

Polar Comparisons

Ethics of Observation in the Polar Regions
Alexandra L. Carleton

Lessons from International Space Law: The Role of International Relations in Governing Global Commons Regions
Edythe E. Weeks

Book Reviews

Monica Tennberg, Hanna Lempinen and Susanna Pirnes (eds), Resources, Social and Cultural Sustainabilities in the Arctic
Sohvi Kangasluom

Stephen Allen, Nigel Bankes and Øyvind Ravna (eds), The Rights of Indigenous Peoples in Marine Areas
Margherita Paola Poto and Apostolos Tsiouvalas

Nikolas Sellheim, International Marine Mammal Law
Dele Raheem

Gunhild Hoogensen Gjørv, Marc Lanteigne and Horatio Sam-Aggrey (eds), Routledge Handbook of Arctic Security
Saila Heinikoski

Gabriella Argüello, Marine Pollution, Shipping Waste and International Law
Stefan Kirchner