Author: Timo Koivurova
Publisher: Bloomsbury Publishing
Release Date: 2017-02-09
The objective of this book is to identify similarities and differences between the positions of Finland (as an EU Member State) and China, on Arctic law and governance. The book compares Finnish and Chinese legal and policy stances in specific policy areas of relevance for the Arctic, including maritime sovereignty, scientific research, marine protected areas, the Svalbard Treaty and Arctic Council co-operation. Building on these findings, the book offers general conclusions on Finnish and Chinese approaches to Arctic governance and international law, as well as new theoretical insights on Arctic governance. The book is the result of a collaboration between The Northern Institute for Environmental and Minority Law (Arctic Centre, University of Lapland) and researchers from Wuhan University.
Traditionally, international investment law was conceptualised as a set of norms aiming to ensure good governance for foreign investors, in exchange for their capital and know-how. However, the more recent narratives postulate that investment treaties and investor–state arbitration can lead to better governance not just for foreign investors but also for host state communities. Investment treaty law can arguably foster good governance by holding host governments liable for a failure to ensure transparency, stability, predictability and consistency in their dealings with foreign investors. The recent proliferation of such narratives in investment treaty practice, arbitral awards and academic literature raises questions as to their juridical, conceptual and empirical underpinnings. What has propelled good governance from a set of normative ideals to enforceable treaty standards? Does international investment law possess the necessary characteristics to inspire changes at the national level? How do host states respond to investment treaty law? The overarching objective of this monograph is to unpack existing assumptions concerning the effects of international investment law on host states. By combining doctrinal, empirical, comparative analysis and unveiling the emerging 'nationally felt' responses to international investment norms, the book aims to facilitate a more informed understanding of the present contours and the nature of the interplay between international investment norms and national realities.
Author: Cecile Pelaudeix
Publisher: Taylor & Francis
Release Date: 2017-07-04
Global energy problems will remain a challenge in the coming decades. The impact of climate change and the melting of polar sea ice opening up access to offshore hydrocarbon resources in the Arctic Ocean, raises questions for both civil society and the scientific community over drilling opportunities in Arctic marine areas. Disparities in approach to the governance of oil and gas extraction in the Arctic arise from fundamental differences in histories, cultures, domestic constraints and substantive values and attitudes in the Arctic coastal states and sub-states. Differing political systems, legal traditions and societal beliefs with regard to energy security and economic development, environmental protection, legitimacy of decision making, and the ownership and respect of the rights of indigenous people, all affect how governance systems of oil and gas extraction are designed. Using a multidisciplinary approach and case studies from the USA, Norway, Russia, Canada, Greenland/Denmark and the EU, this book both examines the current governance of extraction and its effects and considers ways to enhance the efficiency of environmental management and public participation in this system.
The purpose of this book is to consider the legality of the changing practice of the International Committee of the Red Cross (ICRC). It provides extensive legal analysis of the ICRC as an organisation, legal person, and humanitarian actor. It draws on the law of organisations, International Humanitarian Law, International Human Rights Law, and other relevant branches of international law in order to critically assess the mandate and practice of the ICRC on the ground. The book also draws on more abstract human-centric concepts, including sovereignty as responsibility and human security, in order to assess the development of the concept of humanity for the mandate and practice of the ICRC. Critically this book uses semi- structured interviews with ICRC delegates to test the theoretical and doctrinal conclusions. The book provides a unique insight into the work of the ICRC. It also includes a case study of the work of the ICRC in the Democratic Republic of Congo. Ultimately the book concludes that the ICRC is no longer restricted to the provision of humanitarian assistance on the battlefield. It is increasingly drawn into long-term and extremely complicated conflicts, in which, civilians, soldiers and non-State actors intermingle. In order to remain useful for the people on the ground, therefore, the ICRC is progressively developing its mandate. This book questions whether, on occasion, this could threaten its promise to remain neutral, impartial and independent. Finally, however, it should be said that this author finds that the work of the ICRC is unparalleled on the international stage and its humanitarian mandate is a vital component for those embroiled in the undertaking of and recovery from conflict.
Author: Simon Marsden
Publisher: Edward Elgar Publishing
Release Date: 2017-03-31
Informed by international law, international relations and environment management scholarship, this interdisciplinary analysis of environmental regimes in Asian subregions proposes a new regime for the Himalayas and Tibetan Plateau based on China’s cooperation with its south Asian neighbors.
This textbook provides the reader with a foundation in policy development and analysis and describes how policy, including legal mechanisms, is applied to marine environments around the world. It offers a systematic treatment of all aspects of marine policy, including environmental protection, fisheries, transportation, energy, mining and climate change. It starts with a biophysical overview of the structure and function of the marine environment with a particular emphasis on the challenges and opportunities of managing the marine environment. An overview of the creation and function of international law is then provided with a focus on international marine law. It explores the geographic and jurisdictional dimensions of marine policy, as well the current and anticipated challenges facing marine systems, including climate change-related impacts and resource over-exploitation. The book should appeal to senior undergraduate and graduate students and form a core part of the curriculum for marine affairs, science and policy courses. It will also provide supplementary reading for students taking a course in the law of the oceans, but is not aimed at legal specialists.
"The Yearbook of Polar Law," based at the Faculty of Social Sciences and Law at the University of Akureyri in Iceland, covers a wide variety of topics relating to the Arctic and the Antarctic. These include: - human rights issues, such as autonomy and self-government vs self-determination, the rights of indigenous peoples to land and natural resources and cultural rights and cultural heritage, indigenous traditional knowledge, - local and national governance issues, - environmental law, climate change, security and environmental implications of climate change, protected areas and species, - regulatory, governance and management agreements and arrangements for the marine environment, marine mammals, fisheries conservation and other biological resources, minerals and oil, - law of the sea, retreating sea ice, continental shelf claims, - territorial claims and border disputes on both land and at sea, - peace and security, dispute settlement, - jurisdictional and other issues in relation to the exploration, exploitation and shipping of oil, gas and minerals, bioprospecting, - trade law, potential shipping lines through the northwest and northeast passages, maritime law and transportation law, and - the roles and actual involvement of international organizations in the Polar regions, such as the Arctic Council, the forums of the Antarctic Treaty System, the European Union, the International Whaling Commission, the Nordic Council, the North Atlantic Treaty Organization, the United Nations, and NGOs. This first volume contains the presentations made at the first Symposium on Polar Law organised at the University of Akureyri in Iceland in September 2008.
Author: Robert W. Murray
Publisher: Cambria Press
Release Date: 2014-06-26
Genre: Political Science
Increased global interest in the Arctic poses challenges to contemporary international relations and many questions surround exactly why and how Arctic countries are asserting their influence and claims over their northern reaches and why and how non-Arctic states are turning their attention to the region. Despite the inescapable reality in the growth of interest in the Arctic, relatively little analysis on the international relations aspects of such interest has been done. Traditionally, international relations studies are focused on particular aspects of Arctic relations, but to date there has been no comprehensive effort to explain the region as a whole. Literature on Arctic politics is mostly dedicated to issues such as development, the environment and climate change, or indigenous populations. International relations, traditionally interested in national and international security, has been mostly silent in its engagement with Arctic politics. Essential concepts such as security, sovereignty, institutions, and norms are all key aspects of what is transpiring in the Arctic, and deserve to be explained in order to better comprehend exactly why the Arctic is of such interest. The sheer number of states and organizations currently involved in Arctic international relations make the region a prime case study for scholars, policymakers and interested observers. In this first systematic study of Arctic international relations, Robert W. Murray and Anita Dey Nuttall have brought together a group of the world's leading experts in Arctic affairs to demonstrate the multifaceted and essential nature of circumpolar politics. This book is core reading for political scientists, historians, anthropologists, geographers and any other observer interested in the politics of the Arctic region.
In 2005 an expert group representing the governments of Norway, Sweden and Finland, and the Saami parliaments of these countries agreed upon a draft text of a Nordic Saami Convention. Key parts of the text deal with the recognition of Saami land and resource rights. More recently the three governments have embarked on negotiations to move from this draft text to a final convention that may be adopted and ratified by all three countries. Negotiations commenced in the Spring of 2011 and should be completed within five years. This collection of essays explores the national and international dimensions of indigenous property rights and the draft Convention which recognises the Saami as one people divided by international boundaries. Part one of the book seeks to provide a global and theoretical context for these developments in the Nordic countries, with a series of essays dealing with the moral and legal reasons for recognising indigenous property interests and different conceptualisations of the relationship between indigenous peoples and settler societies, including recognition, reconciliation and pluralism. Part two of the book examines some international legal issues associated with the Convention, including the background to the Convention. Part three turns to examine aspects of the recognition of Saami property interests in each of the three Nordic states, while Part four provides some comparative experiences, examining the recognition of indigenous property rights in a number of jurisdictions, including Canada, Australia and a number of South American states. An additional essay considers gender issues in relation to indigenous property rights.
The Arctic is an increasingly important region faced with major challenges caused not only by the effects of climate change, but also by a growing interest in its living and non-living resources, its attraction as a new destination for tourism, and as a route for navigation. It is not only the eight Arctic States that have paid an increased level of attention to the region; several non-Arctic actors from Asia and Europe also seek to gain more influence in the High North. At the same time, the evolving law and policy architecture for the Arctic region has recently played a more prominent role in the political and academic debate. Unlike Antarctica, where the coherent Antarctic Treaty System governs international cooperation, the legal regime of Arctic affairs is based on public international law, domestic law, and 'soft law'. These three pillars intersect and interact making Arctic governance multi-faceted and highly complex. This book provides an analytical introduction, a chronology of legally relevant events, and a selection of essential materials covering a wide range of issues-eg delineation and delimitation of maritime boundaries, environmental protection, indigenous peoples' rights, shipping, and fisheries. Included are multilateral and bilateral treaties, UN documents, official statements, informal instruments, domestic laws, and diplomatic correspondence.
Author: Harry N. Scheiber
Publisher: Martinus Nijhoff Publishers
Release Date: 2013-03-21
Regions, Institutions, and Law of the Sea: Studies in Ocean Governance offers fresh perspectives both on issues specific to major ocean regions, and on the nature and functions of institutions that implement the legal order of the oceans. Of special interest is a set of chapters by distinguished scholars and jurists providing nuanced analysis of the International Tribunal for the Law of the Sea as a key actor in the institutional and regime structure. Other expert authors contribute timely analysis of specific ocean uses in the context of implementation of "soft" and "hard" law.
Author: Elena Conde
Release Date: 2016-08-05
Genre: Political Science
Bringing together interconnected discussions to make explicit the complexity of the Arctic region, this book offers a legal discussion of the ongoing territorial disputes and challenges in order to frame their impact into the viability of different governance strategies that are available at the national, regional and international level. One of the intrinsic features of the region is the difficulty in the determination of boundaries, responsibilities and interests. Against this background, sovereignty issues are intertwined with environmental and geopolitical issues that ultimately affect global strategic balances and international trade and, at the same time, influence national approaches to basic rights and organizational schemes regarding the protection of indigenous peoples and inhabitants of the region. This perspective lays the ground for further discussion, revolving around the main clusters of governance (focusing on the Arctic Council and the European Union, with the particular roles and interest of Arctic and non-Arctic states, and the impact on indigenous populations), environment (including the relevance of national regulatory schemes, and the intertwinement with concerns related to energy, or migration), strategy (concentrating in geopolitical realities and challenges analysed from different perspectives and focusing on different actors, and covering security and climate change related challenges). This collection provides an avenue for parallel and converging research of complex realities from different disciplines, through the expertise of scholars from different latitudes.
Author: Philip E. Steinberg
Release Date: 2015-02-28
Genre: Political Science
As climate change makes the Arctic a region of key political interest, so questions of sovereignty are once more drawing international attention. The promise of new sources of mineral wealth and energy, and of new transportation routes, has seen countries expand their sovereignty claims. Increasingly, interested parties from both within and beyond the region, including states, indigenous groups, corporate organizations, and NGOs and are pursuing their visions for the Arctic. What form of political organization should prevail? Contesting the Arctic provides a map of potential governance options for the Arctic and addresses and evaluates the ways in which Arctic stakeholders throughout the region are seeking to pursue them.
In a way unrivalled since the Cold War, the Arctic has become one of the leading issues on the international foreign policy agenda. Drawing on the perspectives of geo-politics and international law and applying a contextualizing approach as befits a newly emergent, globalized Arctic, leading international scientists offer fresh insights and perspectives on the most pressing issues under the headings of political ascendancy, climate and environmental issues, resources and energy, and the response and policies of affected countries.