The Law of the Sea and the Polar Regions

The Law of the Sea and the Polar Regions
Author: Erik J. Molenaar
Publisher: Martinus Nijhoff Publishers
Total Pages: 466
Release: 2013-08-15
Genre: Law
ISBN: 9004255214

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The Law of the Sea and the Polar Regions: Interactions between Global and Regional Regimes analyzes of the contemporary law of the sea and related areas of international law in Antarctica and the Arctic, with a particular focus upon the interaction of global and regional regimes. The global component of the international law of the sea - principally the United Nations Convention on the Law of the Sea - applies to the entire marine domain in both polar regions but explicitly requires regional implementation or acknowledges its usefulness. This volume critically examines regional regimes for the Arctic and Antarctic on science, maritime security, fisheries and shipping by means of common research questions; thus enabling an overall synthesis and identification of trends, differences and similarities.

The Law of the Sea and Polar Maritime Delimitation and Jurisdiction

The Law of the Sea and Polar Maritime Delimitation and Jurisdiction
Author: Alex G. Oude Elferink
Publisher: Martinus Nijhoff Publishers
Total Pages: 424
Release: 2001-10-17
Genre: Law
ISBN: 9789041116482

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The climate and other characteristics of the polar regions have been major factors in shaping the legal regime applicable to the polar oceans. In Antarctica, states have had to grapple with the question of how to account for developments in the Law of the Sea, while preserving the compromise over sovereignty contained in the Antarctic Treaty. The Arctic also has presented challenges for the Law of the Sea, as illustrated by the continued attention given to special rules for polar shipping. The 1982 United Nations Convention on the Law of the Sea has led to substantial agreement on the legal regime of ocean spaces. The present volume explores the impact the Convention has had on the polar regions in this respect, including after its entry into force in 1994. To this end, it looks at a number of issue areas in the field of maritime delimitation (baselines, maritime zones, delimitation of maritime zones betweenm neighboring states) and jursidiction (environmental protection, navigation and fisheries) from a bipolar perspective. It is strongly suggested that the legal regime of the polar oceans will be further elaborated to more effectively deal with existing activities or to accommodate new activities. It is likely that the United Nations Convention of the Law of the Sea will continue to provide the basic legal framework for this exercise and that states will be careful not to unravel the delicate balance contained in it.

Antarctica and the Law of the Sea

Antarctica and the Law of the Sea
Author: Christopher C. Joyner
Publisher: BRILL
Total Pages: 316
Release: 2021-09-27
Genre: Law
ISBN: 9004481850

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Antarctica and the Southern Ocean cover one-tenth of the earth's surface. In a legal and environmental sense, Antarctica represents the geography of hope. It is the freshest and most pristine of regions, governed by a legal regime that offers Antarctica and its circumpolar water the unique possibility of becoming the world's first global wilderness preserve. But in today's age of resource scarcity, Antarctica still provokes much political, economic and legal debate. Over the past decade, international attention has increasingly focused on the legal status of the continent, the potential for hydrocarbon exploitation offshore, and opportunities for harvesting circumpolar living marine resources. In this fascinating treatment, Christopher C. Joyner undertakes the first serious examination of the intimate relationship between Antarctica and the law of the sea. Using Antarctica as a case study, Joyner probes large conceptual issues of ocean law and politics. He uses the intricate details of oceanography and law to unravel the dynamics of the Antarctic Treaty System. In doing so, he examines how the changing importance of Antarctic issues has affected the development of the law of the sea for the region, the ways in which states define their national interests, and the accommodation through various negotations that have contributed to the development of law for governing the Southern Ocean. While the study of law for the Antarctic is provocative in itself, this work goes much farther. The study critically analyzes the region's biogeography, the condition of sovereignty on the continent, the lawfulness of asserting jurisdictional zones offshore, and various legal implications for Antarctica's continental shelf, local island groups, circumpolar deep seabed, and the Southern Ocean's high seas. Moreover, the special legal efforts by the international community to protect the Antarctic seas from marine pollution and to conserve its living marine resources are comprehensively appraised. Thorough, authoritative, and objectively reasoned, Antarctica and the Law of the Sea provides an insightful assessment of how law can progressively develop for a resource-rich region of the world's ocean. As such, it should appeal to a broad range of international lawyers and social scientists who are interested in international relations, political economy, environmental politics, and the law of the sea.

Polar Law Textbook

Polar Law Textbook
Author: Nordic Council of Ministers
Publisher: Nordic Council of Ministers
Total Pages: 248
Release: 2010
Genre: Science
ISBN: 9289320567

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The idea for this textbook developed from the recognition of the need to disseminate information about Polar Law as an emerging field of legal studies - an area of study long overdue greater recognition. Developments in the Polar Regions - the Arctic and Antarctica - are now the subject of growing interest and importance. They concern a divergent range of global and regional development issues and beg further inquiry into the role of law in dealing with many of these issues. This textbook is the first educational material of its kind. It attempts to illustrate the importance of legal values in addressing various challenges across the Nordic region, among remote Arctic communities and globally. The textbook focuses on the various developments in international and domestic law concerning the Polar Regions (e.g., issues of environmental law, law of the sea, resources, human rights law and Indigenous peoples' rights, etc.). By looking at linkages between different areas of law and the other social sciences, the textbook also explores the relevant aspects of the economic, social and political developments affecting both Polar areas (e.g., questions of Polar governance, economics, and the political situation in some of the Arctic areas)

International Law and Politics of the Arctic Ocean

International Law and Politics of the Arctic Ocean
Author: Suzanne Lalonde
Publisher: Hotei Publishing
Total Pages: 470
Release: 2015-03-20
Genre: Law
ISBN: 9004284591

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International Law and Politics of the Arctic Ocean: Essays in Honor of Donat Pharand is a collection of essays in honor of Professor emeritus Donat Pharand by leading Arctic experts from around the globe. The volume offers a clear, concise and detailed analysis of many of the issues an expanded use of the Arctic Ocean raises and of critical importance for the legal and political processes unfolding in the Arctic region.

The Polar Regions and the Law of the Sea

The Polar Regions and the Law of the Sea
Author: Joan E. Moore
Publisher:
Total Pages: 16
Release: 1976
Genre:
ISBN:

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Discussion of sovereignty and whether polar ice is considered the high seas or land.

International Law and the Arctic

International Law and the Arctic
Author: Michael Byers
Publisher: Cambridge University Press
Total Pages: 369
Release: 2013
Genre: Arctic regions
ISBN: 1107425662

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Sets out the international law relevant to the Arctic, from Indigenous peoples to environmental protection to oil and gas exploration.

The Polar Regions and the Development of International Law

The Polar Regions and the Development of International Law
Author: Donald Rothwell
Publisher: Cambridge University Press
Total Pages: 538
Release: 1996-11-13
Genre: Law
ISBN: 9780521561822

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A review of international law in the polar regions and its importance to the environment and to international relations.

Polar Law and Resources

Polar Law and Resources
Author: Julia Jabour
Publisher: Nordic Council of Ministers
Total Pages: 159
Release: 2015-04-23
Genre:
ISBN: 9289340835

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Current Polar law developments indicate that both the Arctic and the Antarctica will continue to be the focus of growing scientific, international, political, media and public discourse for the foreseeable future. The regulation of resources and associated issues form one of the key areas of Polar law and will thus continue to constitute the crux of legal, geopolitical, socio-economic, and environmental developments. An overview of Polar law questions and topical developments was provided in the pioneering 2010 Polar Law Textbook and in the 2013 Polar Law Textbook II both of which covered a number of topics relevant to the Polar resources debate. Building on this work, this new volume focuses on topical issues of law and resource development in the Polar Regions and covers topics of current and emergent resource-related issues mainly from a legal and political perspective.

Research Handbook on Polar Law

Research Handbook on Polar Law
Author: Karen N. Scott
Publisher: Edward Elgar Publishing
Total Pages: 512
Release: 2020-12-25
Genre: Law
ISBN: 1788119592

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This timely Research Handbook explores the concept of polar law as a coherent body of law and as a set of rules and principles that applies to both the Arctic and Antarctic. It captures the evolution of polar law and policy, identifying future directions for research in this emerging and growing field.