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Arctic Law And Governance

Author: Timo Koivurova
Publisher: Bloomsbury Publishing
ISBN: 1509911499
Size: 63.95 MB
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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.

The Yearbook Of Polar Law 2009

Author: Gudmundur Alfredsson
Publisher: Brill - Nijhoff
ISBN: 9789004178410
Size: 15.70 MB
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"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.

The Impact Of Investment Treaty Law On Host States

Author: Mavluda Sattorova
Publisher: Bloomsbury Publishing
ISBN: 1509901973
Size: 38.90 MB
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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.

Governance Of Arctic Offshore Oil And Gas

Author: Cécile Pelaudeix
Publisher: Taylor & Francis
ISBN: 1317125924
Size: 23.14 MB
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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 Proposed Nordic Saami Convention

Author: Nigel Bankes
Publisher: Bloomsbury Publishing
ISBN: 1782250727
Size: 77.87 MB
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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.

Global Challenges In The Arctic Region

Author: Elena Conde
Publisher: Routledge
ISBN: 1317128044
Size: 70.55 MB
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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.

Marine Policy

Author: Mark Zacharias
Publisher: Routledge
ISBN: 1136212469
Size: 45.23 MB
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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.

International Relations And The Arctic Understanding Policy And Governance

Author: Robert W. Murray
Publisher: Cambria Press
ISBN: 1604978767
Size: 55.26 MB
Format: PDF
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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.

International Law In A Multipolar World

Author: Matthew Happold
Publisher: Routledge
ISBN: 1136631577
Size: 65.43 MB
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Since the creation of the United Nations in 1945, international law has sought to configure itself as a universal system. Yet, despite the best efforts of international institutions, scholars and others to assert the universal application of international law, its relevance and applicability has been influenced, if not directed, by political power.Today, the "decline of the West" and ascent of China and India poseparticular challenges for international law and institutions. The international system appears to be moving towards multipolarity, with various sites of power competing to exert influence in the world today. With contributors from a variety of countries providing perspectives from the disciplines of international law and international relations theory, International Law in a Multipolar World addresses the implications that multipolarity poses for the international legal system. Contributors including Jean d'Aspremont, Jörg Kammerhofer, Alexander Orakhelashvili, Christian Pippan and Nigel White, explore issues such as the use of force, governance and democracy, regionalism and the relevance of the United Nations in a multipolar world, while considering the overarching theme of the relationship between power and law. International Law in a Multipolar World is of particular interest to academics and students of public international law, international relations theory and international politics.

Handbook Of The Politics Of The Arctic

Author: Leif Christian Jensen
Publisher: Edward Elgar Publishing
ISBN: 0857934740
Size: 69.49 MB
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The Arctic has again become one of the leading issues on the international foreign policy agenda, in a manner unseen since the Cold War. Drawing on the perspectives of geo-politics and international law, this Handbook offers fresh insights and perspectives on the most pressing issues, grouped under the headings of political ascendancy, climate and environmental issues, resources and energy, and the response and policies of affected countries.