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Polar Law Textbook

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Polar Law Textbook Polar Law Textbook Natalia Loukacheva, Editor TemaNord 2010:538 Polar Law Textbook TemaNord 2010:538 © Nordic Council of Ministers, Copenhagen 2010 ISBN 978-92-893-2056-6 Print: Rosendahls Schultz Grafisk a/s Cover photo: Image Select Copies: 250 Printed on environmentally friendly paper This publication can be ordered on www.norden.org/order. Other Nordic publications are available at www.norden.org/publications This publication has been published with financial support by the Nordic Council of Ministers. But the contents of this publication do not necessarily reflect the views, policies or recommendations of the Nordic Council of Ministers. Printed in Denmark Nordic Council of Ministers Nordic Council Store Strandstræde 18 Store Strandstræde 18 DK-1255 Copenhagen K DK-1255 Copenhagen K Phone (+45) 3396 0200 Phone (+45) 3396 0400 Fax (+45) 3396 0202 Fax (+45) 3311 1870 www.norden.org Nordic co-operation Nordic co-operation is one of the world’s most extensive forms of regional collaboration, involving Denmark, Finland, Iceland, Norway, Sweden, and three autonomous areas: the Faroe Islands, Green- land, and Åland. Nordic co-operation has firm traditions in politics, the economy, and culture. It plays an important role in European and international collaboration, and aims at creating a strong Nordic community in a strong Europe. Nordic co-operation seeks to safeguard Nordic and regional interests and principles in the global community. Common Nordic values help the region solidify its position as one of the world’s most innovative and competitive. Contents Biographies......................................................................................................................... 9 1. Introduction to Polar Law Natalia Loukacheva.......................................................................................................... 13 1.1 What is Polar law?................................................................................................ 13 Further reading:.......................................................................................................... 22 Questions:................................................................................................................... 22 2. Environmental Protection in the Arctic and Antarctica Timo Koivurova................................................................................................................ 23 2.1 Introduction.......................................................................................................... 23 2.2 The Development of International Environmental Law.......................................... 24 2.3 General Comparisons of the Polar Regions from the Perspective of Environmental Protection ........................................................................... 27 2.4 Overview of the Two Polar Regimes.................................................................... 29 2.5 Environmental Protection: Similarities and Differences in the Polar Regions.................................................................................................. 34 2.6 Similarities between the Environmental Protection Approaches of the Polar Regimes ................................................................................................. 38 2.7 Emerging Issues and Conclusions ........................................................................ 40 Further reading:.......................................................................................................... 43 Questions:................................................................................................................... 43 3. Law of the Sea and Governance of Shipping in the Arctic and Antarctic David L. VanderZwaag..................................................................................................... 45 3.1 Introduction.......................................................................................................... 45 3.2 Law of the Sea Realities and Challenges.............................................................. 47 3.3 Governance of Polar Shipping: Similarities and Polarities................................... 55 3.4 Conclusion............................................................................................................ 62 Further reading:.......................................................................................................... 64 Questions:................................................................................................................... 64 4. The Management of Living Marine Resources in the Polar Regions Tavis Potts........................................................................................................................ 65 4.1 Introduction.......................................................................................................... 65 4.2 Antarctic Fisheries Exploitation ........................................................................... 66 4.3 The Development of CCAMLR ........................................................................... 67 4.4 Ecosystem and Precautionary Approaches in CCAMLR ..................................... 70 4.5 The Management of Fisheries in the Arctic.......................................................... 73 4.6 Conclusion and Key Points .................................................................................. 76 Further reading:.......................................................................................................... 78 Questions:................................................................................................................... 79 5. Economies and Business in the Arctic Region Joan Nymand Larsen........................................................................................................ 81 5.1 Introduction.......................................................................................................... 81 5.2 Economic Analysis and the Northern Economy................................................... 82 5.3 Economic Development in the North ................................................................... 87 5.4 Resource Extraction in the North: Costs and Benefits.......................................... 93 5.5 Conclusion: Challenges and Emerging Issues of Northern Economies................ 97 Further reading:.......................................................................................................... 99 Questions:................................................................................................................. 100 6. Oil and Gas and Mining Development in the Arctic: Legal Issues Nigel Bankes ...................................................................................................................101 6.1 Introduction.........................................................................................................101 6.2 The Resource Endowment ..................................................................................102 6.3 Ownership of Oil and Gas and Mineral Resources .............................................105 6.4 Oil and Gas Regimes: Northwest Territories (N.W.T.) and Nunavut .................107 6.5 Greenland............................................................................................................110 6.6 Mining Regimes..................................................................................................114 6.7 Sweden................................................................................................................116 6.8 The Oil and Gas and Mining Industry and the Environment...............................120 6.9 Conclusions.........................................................................................................122 Further reading: ........................................................................................................123 7. Arctic Governance Natalia Loukacheva ........................................................................................................125 7.1 Introduction.........................................................................................................125 7.2 The Arctic Governance Framework....................................................................126 7.3 Arctic Cooperation, Institutional Complex and Actors.......................................127 7.4 The Right to Autonomy ......................................................................................132 7.5 Indigenous Peoples’ Right to Autonomy ............................................................135 7.6 Challenges of Northern Governance...................................................................139 7.7 Conclusion ..........................................................................................................144 Further reading: ........................................................................................................146 Questions: .................................................................................................................146 8. Human Rights and Indigenous Rights Gudmundur Alfredsson ...................................................................................................147 8.1 Introduction.........................................................................................................147 8.2 Human Rights .....................................................................................................148
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