scholarly journals ISSUES OF INTERNATIONAL-LEGAL AND NATIONAL-LEGAL REGULATION IN THE ARCTIC (COMPARATIVE LAW ANALYSIS)

2016 ◽  
pp. 0-0
Author(s):  
Рашад Курбанов ◽  
Rashad Kurbanov
Keyword(s):  
Indigenous Peoples ◽  
National Level ◽  
Arctic Region ◽  
Legal Regulation ◽  
Basic Program ◽  
The Arctic ◽  
Legal Regime ◽  
Constitutional Level ◽  
Optimal Balance ◽  
The Arctic Region

It is not only the eight Arctic countries who have been recently showing their interest in the Arctic areas. Other countries in Europe, Asia, and America claim their presence in the Arctic, even those who are geographically located in a different hemisphere and could hardly be called circumpolar. For example, Germany, Japan, India, South Korea, China, Brazil and about 20 other countries have declared their determination to develop fields in the Arctic shelf areas. Moreover, China, India, Singapore and some other countries have already been developing strategies to use the Northern Sea Route in the Arctic. It is necessary to note that at the constitutional level all Arctic countries regulate issues related to the Arctic in different ways (both directly and indirectly). In particular, most of the constitutions contain provisions on the rights of indigenous peoples which are equally applicable to the Arctic region, as the number of indigenous peoples in the Arctic amounts to about 400 000 people. Besides, at the national level all Arctic countries have basic programs like “Arctic Documents” or a special “Arctic legislation” (except for Finland and Sweden). In this study we analyze the main basic program documents and legal regulations governing this sector in the Arctic countries, define optimal balance between the national and international legal regulation in determining the legal regime in the Arctic region.

scholarly journals Correlation of branches of law in environmental and legal support of the development of the Arctic region

2021 ◽  
Vol 118 ◽  
pp. 03019
Author(s):  
Elena Nikolaevna Abanina ◽  
Nikolay Ivanovich Makhonko ◽  
Yulia Anatolievna Plotnikova ◽  
Elena Anatolievna Tarasova ◽  
Irina Vasilievna Shvetsova
Keyword(s):  
Scientific Method ◽  
Environmental Law ◽  
Arctic Region ◽  
Legal Regulation ◽  
Ecological Systems ◽  
The Arctic ◽  
Legal Regime ◽  
Legal Documents ◽  
General Scientific ◽  
The Arctic Region

The purpose of the study is to analyze individual independent branches of law included in environmental law and their variability in determining special approaches to the development of the Arctic in modern geopolitical conditions. The methodological basis of the research includes the general scientific method and special methods of cognition, such as comparative legal, environmental legal, statistical and empirical. The results of the study are the conclusions from the analysis of the main program and legal documents regulating the development and development of the territories of the Arctic states. Moreover, the attempts to create an adequate system of convergence of national and international legal regulation in order to determine the modern legal regime of the Arctic are discussed herein. The study of international and domestic experience has shown the need for a correlation of individual branches of law (international, administrative, criminal, informational) with the environmental law to provide comprehensive environmental and legal support for the development of the Arctic region. The authors also draw attention to the fact that environmental and legal problems of the development of the Arctic region require a systematic approach. The novelty of the study lies in the conclusion that, despite the fact that each state of the Arctic region has a national strategy for the development of its Arctic territory, on most topical issues these strategies are of a similar nature and have common approaches: scientifically based methods of managing the natural resources of the Arctic region; special methods of socio-economic development; preservation of vulnerable Arctic ecological systems and scientific activities in the field of climate change.

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

2021 ◽  
Vol 12 (1) ◽  
pp. 251-267
Author(s):  
Barry S. Zellen
Keyword(s):  
Indigenous Peoples ◽  
Arctic Region ◽  
The Arctic ◽  
Management Systems ◽  
Arctic Council ◽  
Indigenous Participation ◽  
Multi Level ◽  
New Institutions ◽  
Successful Collaboration ◽  
The Arctic Region

Successful collaboration between the indigenous peoples and the sovereign states of Arctic North America has helped to stabilise the Arctic region, fostering meaningful indigenous participation in the governance of their homeland, the introduction of new institutions of self-governance at the municipal, tribal and territorial levels, and successful diplomatic collaborations at the international level through the Arctic Council. This stability and the reciprocal and increasingly balanced relationship between sovereign states and indigenous stakeholders has yielded a widely recognised spirit of international collaboration often referred to as Arctic exceptionalism. With competition in the Arctic between states on the rise, the multitude of co-management systems and the multi-level, inter-governmental and inter-organisational relationships they have nurtured across the region will help to neutralise new threats to ‘Arctic Exceptionalism’ posed by intensifying inter-state tensions.

The Multilateral International Treaties Regulating the Legal Regime of the Arctic

2016 ◽  
Vol 4 (2) ◽  
pp. 0-0
Author(s):  
Владислав Авхадеев ◽  
Vladislav Avkhadeev
Keyword(s):  
Legal Status ◽  
Arctic Region ◽  
Legal Regulation ◽  
The Arctic ◽  
International Treaties ◽  
Legal Regime ◽  
Emergency Rescue ◽  
Intergovernmental Cooperation ◽  
Arctic Sea ◽  
Western Arctic

The modern international legal regime of the Arctic is regulated by multilateral international treaties at all levels of legal regulation: universal, regional and subregional. Universal international treaties regulate the legal status of various objects environment, define the legal status of maritime areas or regulate certain types of human activity, including in relation to the Arctic region. Regional multilateral treaties are concluded between the Arctic states on specific issues of environmental protection and emergency rescue activities. Subregional treaties concluded between states of the Western Arctic for the coordination and optimization of intergovernmental cooperation in the Barents (Euro-Arctic) region. In addition, each of the levels of international legal regulation of the regime of the Arctic has certain drawbacks. Universal international treaties that apply to the Arctic sea areas do not always take into account their specific features. Regional international treaties don´t cover complete circle of relations developing between the Arctic states in the course of their cooperation. Subregional treaties apply only to the Western Arctic, and do not regulate the activities of States in the Eastern Arctic and Central Arctic (North Pole region).

International Legal Regulation of Cooperation of the Russian Federation and Neighboring States in the Arctic on the Basis of Bilateral Treaties

2016 ◽  
Vol 4 (9) ◽  
pp. 0-0 ◽  
Author(s):  
Владислав Авхадеев ◽  
Vladislav Avkhadeev
Keyword(s):  
International Law ◽  
Mineral Resources ◽  
Arctic Region ◽  
Legal Regulation ◽  
The Arctic ◽  
International Treaties ◽  
The Russian Federation ◽  
Bilateral Treaties ◽  
The Arctic Region

The modern Law of the Arctic regime is administered both at the international law and national law levels. International legal regulation of the Arctic regime is exercised at the level of international multilateral and bilateral treaties. Multilateral treaties are aimed primarily to legal relations that govern the regime of Arctic maritime areas, as well as the decision of environmental issues in the region. Bilateral treaties are aimed to regulate the cross-border problems of neighboring countries. First of all, it means resolving contentious issues of delimitation of maritime areas of the Arctic, cooperation in the field of fisheries and mineral resources. Bilateral treaties are binding only for their members and do not create obligations for third countries. In some cases there are collisions between international bilateral and multilateral agreements on matters relating to the delimitation of neighboring maritime areas. Determination of the effectiveness of existing in the Arctic region international treaties and of their future development needs to be monitored.

scholarly journals Russian Arctic Sector Boundaries: The International Issues of Legal Regime in the Arctic Region

2019 ◽  
Vol 16 (1) ◽  
pp. 108-116
Author(s):  
Sofiya Shvelidze
Keyword(s):  
Russian Federation ◽  
Arctic Region ◽  
The Arctic ◽  
Law Of The Sea ◽  
Russian Arctic ◽  
Legal Regime ◽  
Depth Analysis ◽  
The Law ◽  
The Right ◽  
The Arctic Region

Abstract Research purpose. The regime of maritime spaces as a general rule ‘is determined by the principles and norms of international law relating to the oceans and enshrined in the Geneva Convention on the Law of the Sea of 1958 and the United Nations Convention on the Law of the Sea of 1982(UNCLOS). However, the issue is that UNCLOS practically does not fix any special regime on the Arctic, bearing in mind that the use of the Arctic spaces is rather effectively regulated at the national levels. Arctic issues in this regard lacked in-depth analysis, and no attempts to develop specific norms and approaches with regard to the Arctic region were made, with the exception of Article 234 of UNCLOS, which is related to the right of the coastal States to ‘regulate navigation’ in its Exclusive Economic Zones. The purpose of the current research is to analyse how far a State may go in the process of establishment of the laws and regulations while exercising the right granted by Article 234, with the particular focus made on the position taken by the Russian Federation. Design / Methodology / Approach. In order to achieve the aims of the research, a descriptive method was chosen as the method for clarification on the legal regime currently applicable in the Russian Arctic Sector, in particular supported by the dogmatic method, in order to understand and explain the position taken by the legislative bodies. Findings. The result of the research is the attempts to satisfy how having interests and stakes in the region of high overall salience contributes to prioritization by Russian Federation of its rights over the region by restrictions imposed on the navigational freedoms granted to the States by UNCLOS. Additionally, suggestions are made in respect of the possible solutions necessary in order to strike a balance between national interests of the Arctic States and rights of others States to access the area without causing any harm to the environment and security of the region.

scholarly journals Geopolitics, Indigenous Peoples, and the Polar Thaw: Sub- and Transnational Fault Lines of the Coming Arctic Cold War

2021 ◽  
Vol 16 (2) ◽  
Author(s):  
Barry Zellen
Keyword(s):  
Cold War ◽  
Indigenous Peoples ◽  
Political Geography ◽  
Arctic Region ◽  
Physical Geography ◽  
Great Power ◽  
The Arctic ◽  
The Political ◽  
Circumpolar Arctic ◽  
The Arctic Region

This article examines the current geopolitical transformation of the Arctic region in response to the interplay of rising great power competition (GPC), the institutional empowerment of Arctic indigenous peoples in domestic and international governing bodies, and the continued polar thaw – issues traditionally discussed separately or in pairs, but not generally all together. It applies classical geopolitical theory to the warming Arctic, finding that the fundamental relationships of Heartland to Rimland, and the isolating buffer of what Mackinder called Lenaland, are in a state of flux, and the once-isolated island chains that dominate the physical geography of the circumpolar Arctic are gaining increasing salience to global security, and must not be overlooked. It examines the political geography of the Arctic and the fundamental importance of its indigenous human terrain, where a future Cold War will either be won or lost.

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