Research | Forskning - peer review

This article explores the legal arguments and historic claims regarding the return of archives to the Peoples in the Arctic about whom they pertain. It calls for international lawyers to work with archival theorists and practitioners to explore the law of decolonisation and its potential application… This article explores the legal arguments and historic claims regarding the return of archives to the Peoples in the Arctic about whom they pertain. It calls for international lawyers to work with archival theorists and practitioners to explore the law of decolonisation and its potential application to cases of displaced archives in the Arctic. Peoples in the Arctic who have experienced colonisation have outstanding claims – some formalised, others latent – to return of records compiled by colonial authorities about them. Their claims differ in important ways from historic precedents from other parts of the world, in particular, those of newly independent States. Read more

Research | Forskning - peer review

Polar law describes the normative frameworks that govern the relationships between humans, States, Peoples, institutions, land and resources in the Arctic and the Antarctic. These two regions are superficially similar in terms of natural environmental conditions but the overarching frameworks that a… Polar law describes the normative frameworks that govern the relationships between humans, States, Peoples, institutions, land and resources in the Arctic and the Antarctic. These two regions are superficially similar in terms of natural environmental conditions but the overarching frameworks that apply are fundamentally different. The Routledge Handbook of Polar Law explores the legal orders in the Arctic and Antarctic in a comparative perspective, identifying similarities as well as differences. It points to a distinct discipline of "Polar law" as the body of rules governing actors, spaces and institutions at the Poles. Four main features define the collection: the Arctic-Antarctic interface; the interaction between global, regional and domestic legal regimes; the rights of Indigenous Peoples; and the increasing importance of private law. While these broad themes have been addressed to varying extents elsewhere, the editors believe that this Handbook brings them together to create a comprehensive (if never exhaustive) account of what constitutes Polar law today. Leading scholars in public international and private law as well as experts in related fields come together to offer unique insights into polar law as a burgeoning discipline. Read more

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Russian aggression against Ukraine has triggered doubts about the viability of international law to address complex problems, including in the polar regions. Nevertheless, this article demonstrates that international legal approaches remain important tools to address challenges and disputes in polar… Russian aggression against Ukraine has triggered doubts about the viability of international law to address complex problems, including in the polar regions. Nevertheless, this article demonstrates that international legal approaches remain important tools to address challenges and disputes in polar law. The article argues that international law remains of critical importance for the peaceful governance of the Poles. It illustrates this argument with a review of, amongst other institutions, the functioning of the Arctic Council, the Antarctic Treaty System, selected issues in the law of the sea and the rights of Indigenous Peoples. Read more

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The Kárahnjúkar dam, power station and aluminium smelter opened in East Iceland in 2007 after many years of debate and discord. It is the largest ever industrial project in Iceland and had national as well as local implications, both responding to and in turn changing public expectations regarding p… The Kárahnjúkar dam, power station and aluminium smelter opened in East Iceland in 2007 after many years of debate and discord. It is the largest ever industrial project in Iceland and had national as well as local implications, both responding to and in turn changing public expectations regarding participation, environmental impact assessment and community engagement. As Iceland seeks to harness an increasing supply of renewable energy, questions are raised about what constitutes a just transition in the Icelandic context. The article begins by discussing energy supply and demand, current and projected in Iceland. It then delves into theoretical accounts of just transition. It explores the decision-making process for the Kárahnjúkar project and the longer term impacts on the region before assessing these within the framework of just transition theory. A discussion follows that delivers insights into key aspects of the just transition that can be applied to new projects both in Iceland and further afield. These pertain in particular to employment and community benefits, environmental impact assessment and public participation. Read more

Research | Forskning - peer review

This paper examines the legal concept of occupation of territory and its historic application to the Polar regions, to disclose the fallacies at the heart of the colonial projects at both Poles. It also considers how the increasing recognition of non-use value disrupts positivist accounts of occupat… This paper examines the legal concept of occupation of territory and its historic application to the Polar regions, to disclose the fallacies at the heart of the colonial projects at both Poles. It also considers how the increasing recognition of non-use value disrupts positivist accounts of occupation. The colonisation of populated lands was justified by European theories of property that insisted that effective occupation required both a psychological and a physical element. The psychological element of occupation requires the sovereign to engage in a legal action that it controls the land and exercises dominion over it but this conceit is not shared by Arctic Indigenous Peoples. The physical element of occupation according to the positivist account requires an owner or sovereign to transform the land in some physical manner. The self-serving European legal theories construed the Indigenous relationship with land as a non-relationship and declared it retrospectively terra nullius. According to their own laws, the colonisers declared their own sovereign authority over Indigenous territories, notwithstanding the existing civilisations. However, in the Polar regions, the colonisers themselves did very little in the way of physical occupation or transformation of the vast majority of the lands that they claimed. Colonisers demonstrated occupation through the naming of places, mapping, taking resources, building basic structures for shelter, and applying laws over their own people. But Indigenous Peoples had long been doing all those things in the Arctic. 20th century courts accepted that in territories remote from the colonising claimant with little or no population, the degree of physical occupation and exercise of jurisdiction could be very limited. However, they refused to consider the much longer and more extensive use and management by Indigenous Peoples. In the Antarctic, the territorial claims of the seven claimant states do not pivot on any real physical occupation or transformation of the land at all. This would have been impossible on any scale of significance, given the size and challenging climate of the continent at the time of European discovery. Today, the principles that govern the Antarctic continent favour non-use and a minimisation of impacts. At both Poles, justifications for the exercise of jurisdiction are increasingly based on promises to protect wilderness by minimising human impacts. Sovereignty is demonstrated through non-occupation in a complete reversal of the classical legal theory. Read more

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This article discusses the history of international law in respect of colonisation, from Francisco de Vitoria to the present day. It reveals the inconsistencies and injustices with regard to Indigenous Peoples that continue to constrain their rights to self-determination today on an equal basis with… This article discusses the history of international law in respect of colonisation, from Francisco de Vitoria to the present day. It reveals the inconsistencies and injustices with regard to Indigenous Peoples that continue to constrain their rights to self-determination today on an equal basis with other Peoples. By deconstructing the legal explanations for the occupations of the polar regions, it demonstrates the contradictions at the heart of the colonial project and challenges international lawyers, in particular “positivist” international lawyers, to re-evaluate their hypotheses regarding occupation and state sovereignty. It highlights the gaps between the theory and practice of occupation of the polar regions and questions the legitimacy of states’ territorial claims. Instead, it shows that Indigenous occupation in the Arctic is much older and legally stronger than that of any state. Read more

Research | Forskning - peer review

On February 25, 2019, the International Court of Justice issued its advisory opinion on Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965. The judges held by a majority of 13:1 that the process of decolonisation of Mauritius is incomplete, owing to the separation… On February 25, 2019, the International Court of Justice issued its advisory opinion on Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965. The judges held by a majority of 13:1 that the process of decolonisation of Mauritius is incomplete, owing to the separation of the Chagos Archipelago shortly before Mauritian independence, that the United Kingdom should end its administration of the Chagos Archipelago as rapidly as possible, and that all Member States of the United Nations should cooperate to complete the decolonisation of Mauritius. The (partial) decolonisation of Mauritius in 1968 and the treatment of the Chagos islanders (Chagossians) have important parallels with the purported decolonisation of Greenland in 1952–54. In both cases, the consultative body of the colonised people was neither fully independent nor representative of all the people concerned. No real choice was given to either body; rather the colonial power offered only the continuation of the status quo or professed self-determination on terms defined by the colonial power itself. Furthermore, the process of decolonisation was inherently linked to the forcible transfer of people in order to make way for a United States military facility. Nevertheless, there are some relevant differences. First of all, Greenland was purportedly decolonised in 1953, some seven years before the UN General Assembly Declaration on the Granting of Independence to Colonial Countries and Peoples (UNGA Res. 1514(XV) 1960). Second, the UN General Assembly accepted the Danish government’s representations regarding the full decolonisation of Greenland (UNGA Res. 849 (1954), in contrast to their position regarding Mauritius that decolonisation was and remains incomplete, owing to the separation of the Chagos Archipelago (UNGA Res(XX) 1965). Third, though the Chagossians have been recognised as indigenous at the UN, the British government has continually denied this status and (mis)characterises them as a transient people, while Denmark has accepted the status of the Greenlanders as both an indigenous people and a colonial people, entitled to self-determination. This article examines the implications for the judgment for the Greenland case as well as broader questions of self-determination of peoples. It concludes that the colonial boundaries continue to govern in decolonisation cases, with the consequence that the Greenlanders are likely to be held to be a single people; that the erga omnes character of the right to self-determination means that all States must cooperate to facilitate Greenlanders’ choices for their future; and that there remain significant procedural hurdles that prevent colonial and indigenous peoples having their voices heard, even in the matters that concern them most of all. Read more

Research | Forskning - peer review

The paper demonstrates how the evolution of international law on colonial and indigenous peoples, in particular evolving rights to sovereignty over natural resources, shaped the changing relationship between Greenland and the rest of the Danish Realm. Greenland today is in a unique position in inter… The paper demonstrates how the evolution of international law on colonial and indigenous peoples, in particular evolving rights to sovereignty over natural resources, shaped the changing relationship between Greenland and the rest of the Danish Realm. Greenland today is in a unique position in international law, enjoying an extremely high degree of self-government. This paper explores the history, current status and future of Greenland through the lens of international law, to show how international obligations both colour its relationship with the Kingdom of Denmark and influence its approaches to resource development internally. It considers the invisibility of the Inuit population in the 1933 Eastern Greenland case that secured Danish sovereignty over the entire territory. It then turns to Denmark’s registration of Greenland as a non-self-governing territory (colony) in 1946 before Greenland’s-purported decolonisation in 1953 and the deficiencies of that process. In the second part of the 20th century, Denmark began to recognise the Greenland Inuit as an indigenous people before a gradual shift towards recognition of the Greenlanders as a people in international law, entitled to self-determination, including the right to permanent sovereignty over their natural resources. This peaked with the Self-Government Act of 2009. The paper will then go on to assess competing interpretations of the Self-Government Act of 2009 according to which the Greenland self-government is the relevant decision-making body for an increasing number of fields of competence including, since 1 January 2010, the governance of extractive industries. Some, including members of the Greenland self-government, argue that the Self-Government Act constitutes full implementation of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP 2007), but this view is not universally shared. The paper also considers the status and rights of two Greenland minorities: the North Greenlanders (Inughuit) and the East Greenlanders, each of whom has distinct histories, experiences of colonisation, dialects (or languages) and cultural traditions. While the Kingdom of Denmark accepts the existence of only one indigenous people, namely, the Inuit of Greenland, this view is increasingly being challenged in international fora, including the UN human rights treaty bodies, as the two minorities are in some cases considered distinct indigenous peoples. Their current position in Greenland as well as in a future fully independent Greenland is examined, and the rights that they hold against the Greenland self-government as well as the Kingdom of Denmark explored. Greenland’s domestic regime for governance of non-renewable natural resources (principally mining and hydrocarbons) is briefly analysed and compared with international standards, with a particular emphasis on public participation. The paper assesses the extent to which it complies with the standards in key international instruments. Read more

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This book intends to inform the key participants in extractive projects – namely, the communities, the host governments and the investors – about good practice for effective community engagement, based on analysis of international standards and expectations, lessons from selected case-studies and in… This book intends to inform the key participants in extractive projects – namely, the communities, the host governments and the investors – about good practice for effective community engagement, based on analysis of international standards and expectations, lessons from selected case-studies and innovations in public participation. The extent of extractive industries varies widely around the Arctic as do governmental and social attitudes towards resource development. Whilst most Arctic communities are united in seeking investment to fund education, healthcare, housing, transport and other essential services, as well as wanting to benefit from improved employment and business opportunities, they have different views as to the role that extractive industries should play in this. Within each community, there are multiple perspectives and the goal of public participation is to draw out these perspectives and seek consensus. Part I of the book analyses the international standards that have emerged in recent years regarding public participation, in particular, in respect of indigenous peoples. Part II presents six case studies that aim to identify both good and bad practices and to reflect upon the distinct conditions, needs, expectations, strategies and results for each community examined. Part III explores the importance of meaningful participation from a corporate perspective and identifies some common themes that require consideration if Arctic voices are to shape extractive industries in Arctic communities. In drawing together international law and standards, case studies and examples of good practice, this anthology is a timely and invaluable resource for academics, legal advisors and those working in resource development and public policy. Read more

Research | Forskning - peer review

Hydrocarbon activity can be both harmful and hazardous. It is harmful if, in the course of normal operations, it damages its surrounding environment and/or the interests of other states. States and operators should implement a number of technical measures to ensure that the impacts remain below the… Hydrocarbon activity can be both harmful and hazardous. It is harmful if, in the course of normal operations, it damages its surrounding environment and/or the interests of other states. States and operators should implement a number of technical measures to ensure that the impacts remain below the legally relevant threshold of ‘significant’ harm. However, hydrocarbon activities are also inherently hazardous because there is always a risk of a low probability-high impact accident, e.g., an oil spill or an explosion. The harsh conditions of the Arctic coupled with its sensitive biodiversity mean that activities in the Arctic are more hazardous than in more temperate parts of the World. This paper addresses three themes to clarify the rights and responsibilities of states pursuing offshore hydrocarbon development in the Arctic: international law regarding permanent sovereignty and constraints to protect the environment, the interests of other states and the rights of indigenous and other peoples; the role and limitations of the Arctic Council; and the challenge of indigenous sovereignty and indigenous rights. Read more

Research | Forskning - peer review

Colonization of the Poles was driven, as in most of the rest of the world, by the promise of resources. Living resources have long been exploited at both Poles,1 but only in the North have law, politics and economics aligned to permit exploitation of non-living resources. Diversity amongst the Arcti… Colonization of the Poles was driven, as in most of the rest of the world, by the promise of resources. Living resources have long been exploited at both Poles,1 but only in the North have law, politics and economics aligned to permit exploitation of non-living resources. Diversity amongst the Arctic states in climate, terrain, resource potential, population density, infrastructure and political economy means that no single pattern could describe accurately the entire region. This Chapter will provide only a cursory summary before focusing on the freedoms and constraints of international law on governance of non-renewable, non-living natural resources. It will then explain the history, current status and potential challenges to the sui generis regime in the Antarctic, according to which extractive industries are entirely prohibited. Although non-living resources is a broad term that could cover renewable energy and ice-harvesting, this Chapter concentrates on traditional extractive industries: mining and hydrocarbons. Read more

Research | Forskning - peer review

On February 25, 2019, the International Court of Justice issued its advisory opinion on Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965. The judges held by a majority of 13:1 that the process of decolonisation of Mauritius is incomplete, owing to the separation… On February 25, 2019, the International Court of Justice issued its advisory opinion on Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965. The judges held by a majority of 13:1 that the process of decolonisation of Mauritius is incomplete, owing to the separation of the Chagos Archipelago shortly before Mauritian independence, that the United Kingdom should end its administration of the Chagos Archipelago as rapidly as possible, and that all Member States of the United Nations should cooperate to complete the decolonisation of Mauritius. The (partial) decolonisation of Mauritius in 1968 and the treatment of the Chagos islanders (Chagossians) have important parallels with the purported decolonisation of Greenland in 1952–54. In both cases, the consultative body of the colonised people was neither fully independent nor representative of all the people concerned. No real choice was given to either body; rather the colonial power offered only the continuation of the status quo or professed self-determination on terms defined by the colonial power itself. Furthermore, the process of decolonisation was inherently linked to the forcible transfer of people in order to make way for a United States military facility. Nevertheless, there are some relevant differences. First of all, Greenland was purportedly decolonised in 1953, some seven years before the UN General Assembly Declaration on the Granting of Independence to Colonial Countries and Peoples (UNGA Res. 1514(XV) 1960). Second, the UN General Assembly accepted the Danish government’s representations regarding the full decolonisation of Greenland (UNGA Res. 849 (1954), in contrast to their position regarding Mauritius that decolonisation was and remains incomplete, owing to the separation of the Chagos Archipelago (UNGA Res(XX) 1965). Third, though the Chagossians have been recognised as indigenous at the UN, the British government has continually denied this status and (mis)characterises them as a transient people, while Denmark has accepted the status of the Greenlanders as both an indigenous people and a colonial people, entitled to self-determination. This article examines the implications for the judgment for the Greenland case as well as broader questions of self-determination of peoples. It concludes that the colonial boundaries continue to govern in decolonisation cases, with the consequence that the Greenlanders are likely to be held to be a single people; that the erga omnes character of the right to self-determination means that all States must cooperate to facilitate Greenlanders’ choices for their future; and that there remain significant procedural hurdles that prevent colonial and indigenous peoples having their voices heard, even in the matters that concern them most of all. Read more

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This comprehensive text explains the relationship between the Arctic and the wider world through the lenses of international relations, international law, and political economy. It is an essential resource for any student or scholar seeking a clear and succinct account of a region of ever-growing im… This comprehensive text explains the relationship between the Arctic and the wider world through the lenses of international relations, international law, and political economy. It is an essential resource for any student or scholar seeking a clear and succinct account of a region of ever-growing importance to the international community. Highlights include: Broad coverage of national and human security, Arctic economies, international political economy, human rights, the rights of indigenous people, the law of the sea, navigation, and environmental governance. A clear review of current climate-related change. Emphasis on the sources of cooperation in the Arctic through international relations theory and law. Examination of the Arctic in the broader global context, illustrating its inextricable links to global processes. Read more

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The study presented in this paper explored how people in South Greenland perceive their future prospects and the role of mining in this regard. This region hosts two important mining projects still in relatively early stages. The study further investigated how mining projects influence local decisio… The study presented in this paper explored how people in South Greenland perceive their future prospects and the role of mining in this regard. This region hosts two important mining projects still in relatively early stages. The study further investigated how mining projects influence local decisions about individual and community development. The study is based on qualitative interviews with people from the towns of Narsaq and Qaqortoq and from a sheep farm near Narsaq, during a fieldtrip in May 2017. The authors found that the mining projects, even though they are still in the exploration phase, have already had great impact on local expectations for future development and on decision-making and planning in people’s daily lives and thereby the development of the communities. Further, although located relatively close together in the same region, there are significant differences between the towns and their relations to the neighboring mining projects. There is both support and opposition towards the projects, which triggers division between individuals, between groups and between the towns. However, all agree on a need for more transparent processes and for timelines to inform people of when they can expect decisions to be made and activities to take place. Read more

Research | Forskning - peer review

On 13th October 2015, Iceland quietly submitted its instrument of accession to the Antarctic Treaty to the US Department of State (the depositary for the Antarctic Treaty). Iceland’s accession was not accompanied by any official declaration or public discussion in Iceland or elsewhere. This paper in… On 13th October 2015, Iceland quietly submitted its instrument of accession to the Antarctic Treaty to the US Department of State (the depositary for the Antarctic Treaty). Iceland’s accession was not accompanied by any official declaration or public discussion in Iceland or elsewhere. This paper investigates some of the factors that are likely to have spurred the decision to join the Antarctic treaty system, examines current Icelandic interests in the Antarctic and proposes constructive policies to enhance Icelandic involvement in Antarctic governance and cooperation following the accession. The authors conclude that logistical operations and adventure tourism involving Icelandic companies in the Antarctic are the most likely triggers for the accession and they propose that Iceland consider ratification of the Protocol on Environmental Protection to the Antarctic Treaty (Madrid Protocol). Read more

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This contribution is based on a seminar and workshop on public participation processes related to extractive industries in the Arctic, organized by the Arctic Oil and Gas Research Centre at Ilisimatusarfik (University of Greenland) on October 17th and 18th 2017. The seminar was led by experts on ext… This contribution is based on a seminar and workshop on public participation processes related to extractive industries in the Arctic, organized by the Arctic Oil and Gas Research Centre at Ilisimatusarfik (University of Greenland) on October 17th and 18th 2017. The seminar was led by experts on extractive industries, indigenous peoples, impact assessments, law, and public participation. They came from Greenland, Denmark, Iceland, Norway, Russia, Scotland, England and Brazil. The seminar was open to the public and was well attended by representatives from the ministries, municipal governments, academic and research institutes, NGOs and others. A select group of invited experts and a group of graduate students from Ilisimatusarfik took part in the workshop. Read more

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On pretty much any measure of international comparison, Iceland is a little fish. Nevertheless, its geographical location next to the Big Pond that is the Arctic Ocean has put it in a position of influence in a region of growing international importance. In this paper, we explore Iceland’s influenc… On pretty much any measure of international comparison, Iceland is a little fish. Nevertheless, its geographical location next to the Big Pond that is the Arctic Ocean has put it in a position of influence in a region of growing international importance. In this paper, we explore Iceland’s influence in the Arctic region based on international relations considerations such as its political alliances; and based on international law: Iceland’s rights and responsibilities. The paper presents the Arctic Council and Iceland’s role within it before turning to issues that are governed outside of the Arctic Council system, in particular, Arctic fisheries and maritime boundaries. The paper explains Iceland’s approach to Arctic cooperation in light of its published policy documents and explores the tools available to Iceland to defend its interests. Read more

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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 opportunitie… 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. Read more

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This paper examines recent developments in British policies towards the Arctic from the Environmental Audit Committee of the House of Commons, the Government, and the House of Lords Arctic Committee. It concludes that while the United Kingdom may be geographically the Arctic’s nearest neighbour, the… This paper examines recent developments in British policies towards the Arctic from the Environmental Audit Committee of the House of Commons, the Government, and the House of Lords Arctic Committee. It concludes that while the United Kingdom may be geographically the Arctic’s nearest neighbour, the former has too many competing demands for its attention to prioritise the Arctic in its international relations. Read more

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In this paper, Professor Johnstone explores the potential for the Arctic Council to initiate norms of international environmental law. The hypothesis to be explored is whether the Arctic Council can be equally or even more effective by developing non-binding standards in the Arctic as it can by purs… In this paper, Professor Johnstone explores the potential for the Arctic Council to initiate norms of international environmental law. The hypothesis to be explored is whether the Arctic Council can be equally or even more effective by developing non-binding standards in the Arctic as it can by pursuing ‘hard law’, for example, through binding treaty agreements. Challenges facing the Arctic Council as an institution in establishing binding norms will be discussed, including international and domestic political barriers to treaty-making and the difficulties of opening binding instruments to States outside of the Arctic. On the other hand, the vulnerability of non-binding standards to political wind-changes means that non-binding standards may not be sufficient to protect the Arctic environment and there may still be a role for treaty-based norms. Read more

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Greenland’s independence to some extent pivots on the exploitation of natural resources, including offshore hydrocarbon resources. The exploitation of oil and gas is inherently hazardous and offshore activities and marine oil transports bring a risk of a serious pollution incident affecting the inte… Greenland’s independence to some extent pivots on the exploitation of natural resources, including offshore hydrocarbon resources. The exploitation of oil and gas is inherently hazardous and offshore activities and marine oil transports bring a risk of a serious pollution incident affecting the interests of other States. The long-established principle of full reparation for injuries indicates that should a major accident occur under an independent Greenland’s watch, Greenland would bear a potentially unlimited liability to compensate affected parties. However, for a post-colonial State of under 60,000 souls, an overwhelming compensation claim could be disastrous: indeed, it could be sufficiently overwhelming as to compromise the rights of the Greenlandic people to self-determination and permanent sovereignty over their own resources, as well as a number of fundamental human rights found in international customary and conventional law. This chapter examines how such a conflict between the principle of full reparation and the rights of peoples to self-determination might be resolved in practice in light of the ILC Articles on State Responsibility, international customary law and ius cogens, international human rights treaties and the few pertinent, though limited and distinguishable, cases that have been decided to date. The chapter concludes by finding that the principle of self-determination has a peremptory status and thus in the event of conflict with the principle of full reparation, the latter must be considered subservient. However, there may be scope for greater flexibility in the mode and timescale of reparation than in its quantum. Read more

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In December 2015, The Italian Ministry for Foreign Affairs and International Cooperation published Verso una strategia italiana per l‘artico (Towards an Italian Strategy for the Arctic). In this article, the authors explain and evaluate the document in light of Italy’s connections to and interests i… In December 2015, The Italian Ministry for Foreign Affairs and International Cooperation published Verso una strategia italiana per l‘artico (Towards an Italian Strategy for the Arctic). In this article, the authors explain and evaluate the document in light of Italy’s connections to and interests in the Arctic, the Kiruna rules for observers at the Arctic Council, and the Arctic policies of other observers. They conclude that the intended audience for Verso una strategia is the Arctic States. Therefore, the document emphasises relevant Italian scientific efforts and promotes Italy’s oil and gas industry while downplaying the rights of indigenous peoples and avoiding issues of controversy. Publication of the document as a work in progress indicates the ministry’s willingness to listen to feedback and adapt its approaches as it develops a more comprehensive and nuanced strategy. Read more

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Explores the role of the Arctic Council in developing environmental law in the Arctic Region.

Research | Forskning - peer review

In December 2015, The Italian Ministry for Foreign Affairs and International Cooperation published its latest policy on the Arctic.[1] It is humbly entitled Towards an Italian Strategy for the Arctic (Verso una strategia italiana per l‘artico) indicating that the Ministry considers this a work in pr… In December 2015, The Italian Ministry for Foreign Affairs and International Cooperation published its latest policy on the Arctic.[1] It is humbly entitled Towards an Italian Strategy for the Arctic (Verso una strategia italiana per l‘artico) indicating that the Ministry considers this a work in progress and not a final word on Italian-Arctic relations. Read more

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Given the magnitude of the risks associated with commercial activities in the Arctic arising as a result of the milder climate, new business opportunities raise important questions of responsibility and liability. This book analyses the issues of responsibility and liability connected with the explo… Given the magnitude of the risks associated with commercial activities in the Arctic arising as a result of the milder climate, new business opportunities raise important questions of responsibility and liability. This book analyses the issues of responsibility and liability connected with the exploitation of natural resources, marine transport and other activities in the Arctic. Applying a combined private and public law perspective on these issues, it considers both the business and societal interests related to Arctic development using Greenland as an example. The book focuses on problems that are specific to Greenland and wider issues that affect all Arctic states. Read more

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Offshore Oil and Gas Development in the Arctic under International Law explores the international legal framework for hydrocarbon development in the marine Arctic. It presents an assessment of the careful balance between States’ sovereign rights to their resources, their obligations to uphold the ri… Offshore Oil and Gas Development in the Arctic under International Law explores the international legal framework for hydrocarbon development in the marine Arctic. It presents an assessment of the careful balance between States’ sovereign rights to their resources, their obligations to uphold the rights of Arctic inhabitants and their duty to prevent injury to other States. It examines the rights of indigenous and other Arctic populations, the precautionary approach, the environmental impact assessment and the duty to monitor offshore hydrocarbon activities. It also analyses the application of the international law of responsibility in the event that the State fails to meet its primary obligations in the absence of a State’s wrongful conduct. Read more

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This paper explores the interests and influence of Iceland in the Arctic. Iceland’s position as a member of the Arctic Council is the starting point, examining how this high level intergovernmental forum enables Iceland to exercise influence that belies the size of its population, economy or securit… This paper explores the interests and influence of Iceland in the Arctic. Iceland’s position as a member of the Arctic Council is the starting point, examining how this high level intergovernmental forum enables Iceland to exercise influence that belies the size of its population, economy or security capacity. This is contrasted with the exclusion of Iceland from the closer “Arctic Five” talks on Central Arctic Ocean governance and what steps Iceland can take to ensure its legal and economic interests in the seas are protected. The paper reviews the Icelandic Arctic policy, based on Hagsmunir Íslands á norðurslóðum, in light of the two earlier Arctic policy statements, Ísland á norðurslóðum (Ministry of Foreign Affairs 2008) and the Parliamentary Resolution on Iceland’s Arctic Policy (2011), the interests of different Icelandic stakeholders, and the objectives of other Arctic participants (Arctic and non-Arctic States, indigenous peoples, environmental NGOs and business). The approach is interdisciplinary, drawing from international relations scholarship, international law, development economics and broader research in Arctic Studies. Read more

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In this paper, we examine the potential applicability of international legal principles on decolonisation, self-determination, the rights of Indigenous Peoples, human rights law and the right to know apply to cases of displaced archives in the Arctic. The paper seeks to identify and evaluate the sui… In this paper, we examine the potential applicability of international legal principles on decolonisation, self-determination, the rights of Indigenous Peoples, human rights law and the right to know apply to cases of displaced archives in the Arctic. The paper seeks to identify and evaluate the suitability of various established and emerging norms of international law to Indigenous-state archival relationships and archival heritage. While this paper points to a lack of legal instruments specifically addressing displaced and disputed archives in colonial and post-colonial contests, it examines how established norms supporting can assist in unravelling these claims. In assessing current norms, we highlight that the right to archives can apply to both individuals and collective political entities, particularly Indigenous and Colonial Peoples. For individuals, such a right mainly pertains to access, which is crucial for protecting rights related to family life, property, and remedies for rights violations. In the case of Peoples, access is fundamental for exercising self-determination, identifying members, territories, and resources, and defending their rights against external interference. However, our preliminary conclusion is that true self-determination requires control over the records, including the ability to decide what gets archived and how, following their own cultural protocols and legal systems. Read more

Research | Forskning

In the Routledge Handbook of Polar Law, only a few chapters are devoted specifically to Indigenous Peoples. Nevertheless, the role and influence of Indigenous Peoples in shaping international law and policy in the Arctic is evident throughout. This area of law is rapidly evolving, as evidenced by de… In the Routledge Handbook of Polar Law, only a few chapters are devoted specifically to Indigenous Peoples. Nevertheless, the role and influence of Indigenous Peoples in shaping international law and policy in the Arctic is evident throughout. This area of law is rapidly evolving, as evidenced by developments even since the submission of the manuscript. This talk will examine some of these, including the release of a draft Greenland constitution; the Truth and Reconciliation Commissions in the Arctic and three new historic inquiries in Greenland; and increasing recognition of Indigenous knowledge, including at the International Maritime Organisation and at the first COP of the Central Arctic Ocean Fisheries Agreement. Read more