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Maritime Claims in the Arctic

Maritime Claims in the Arctic
Author: Erik Franckx
Publisher: BRILL
Total Pages: 358
Release: 2023-12-28
Genre: Law
ISBN: 9004639365

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With the fundamental changes which occurred in the political structure of Europe, and improved East--West relations in general, the Arctic has increasingly become the focal point of international attention during the last few years. Scientific research and environmental protection are areas which have already witnessed some form of international cooperation in the area. With this particular evolution in mind, a new look at the legal regime of navigation in the Arctic seems to be justified. While several other countries border on the Arctic, Canada and Russia have the most extensive shorelines and have shown keen interest in ensuring that their proper share of this area is not encroached by other countries. This book is thus generally restricted to an examination of the maritime boundaries that these states are claiming, and the extent to which other states have recognized them. It also explores the need for greater international cooperation in this area, not only between the two main contenders but also with other countries that have shown a special interest in Arctic navigation and in the exploitation of resources of this area.


Excessive Maritime Claims

Excessive Maritime Claims
Author: J. Ashley Roach
Publisher: Martinus Nijhoff Publishers
Total Pages: 998
Release: 2012-06-22
Genre: Law
ISBN: 9004217738

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This title is designed for law of the sea and maritime law specialists. The coverage includes current affairs in martime law such as submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.


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.


Sustainable Shipping in a Changing Arctic

Sustainable Shipping in a Changing Arctic
Author: Lawrence P. Hildebrand
Publisher: Springer
Total Pages: 486
Release: 2018-08-11
Genre: Law
ISBN: 3319784250

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This volume brings together multiple perspectives on both the changing Arctic environment and the challenges and opportunities it presents for the shipping sector. It argues for the adoption of a forward-looking agenda that respects the fragile and changing Arctic frontier. With the accelerated interest in and potential for new maritime trade routes, commercial transportation and natural resource development, the pressures on the changing Arctic marine environment will only increase. The International Maritime Organization Polar Code is an important step toward Arctic stewardship. This new volume serves as an important guide to this rapidly developing agenda. Addressing a range of aspects, it offers a valuable resource for academics, practitioners, environmentalists and affected authorities in the shipping industry alike.


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.


Who Owns the Arctic?

Who Owns the Arctic?
Author: Michael Byers
Publisher: D & M Publishers
Total Pages: 194
Release: 2010-02-23
Genre: Political Science
ISBN: 192670696X

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Who actually controls the Northwest Passage? Who owns the trillions of dollars of oil and gas beneath the Arctic Ocean? Which territorial claims will prevail, and why — those of the United States, Russia, Canada, or the Nordic nations? And, in an age of rapid climate change, how do we protect the fragile Arctic environment while seizing the economic opportunities presented by the rapidly melting sea-ice? Michael Byers, a leading Arctic expert and international lawyer clearly and concisely explains the sometimes contradictory rules governing the division and protection of the Arctic and the disputes over the region that still need to be resolved. What emerges is a vision for the Arctic in which cooperation, not conflict, prevails and where the sovereignty of individual nations is exercised for the benefit of all. This insightful little book is an informed primer for today's most pressing territorial issue.


Changes in the Arctic Environment and the Law of the Sea

Changes in the Arctic Environment and the Law of the Sea
Author: Myron Nordquist
Publisher: BRILL
Total Pages: 624
Release: 2010-05-03
Genre: Law
ISBN: 9004187391

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Changes in the Arctic Environment and the Law of the Sea is based on the 33rd Annual Conference of the Center for Oceans Law and Policy, a primary sponsor, along with the Law of the Sea Institute of Iceland as well as with the U.S. Arctic Commission, the University of Alaska (Fairbanks) and the Law of the Sea Institute, Law School (Boalt Hall), University of California, Berkeley.


Excessive Maritime Claims

Excessive Maritime Claims
Author: J. Ashley Roach
Publisher: BRILL
Total Pages: 951
Release: 2021-03-01
Genre: Law
ISBN: 9004443533

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The 4th edition of Excessive Maritime Claims updates material on state practice of the law of the sea since publication of the 3rd edition in 2012 and adds new material on islands and other maritime features.


The Shipping Industry, Ocean Governance and Environmental Law in the Paradigm Shift

The Shipping Industry, Ocean Governance and Environmental Law in the Paradigm Shift
Author: Tafsir Johansson
Publisher: Springer
Total Pages: 142
Release: 2014-11-21
Genre: Law
ISBN: 3319125419

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This book examines the corpus of status quo environmental legal regime, geographical issues and redundant “stakeholder claims,” which persist in the Arctic. It examines multifarious theories relating not only to conflicting and opposing interests, but also to parties to whom the shipping industry should be accountable. The unique aspect of this book is the Corporate Social responsibility analysis pertaining to the Arctic and alternatives that strike a balance between the increased commercialization of the shipping industry and the laws and concepts of ocean governance. The book relevantly puts forward the concept of “ocean governance” and to what extent it can be addressed in terms of the Arctic. What distinguishes this book from others is the fact that it is not limited to examining the effects of climate change and how it is reshaping the way scholars assume the Arctic will be in the near future. Rather it creates a transparent nexus between opposing claims and increasing commercial interests and proceeds to scrutinize the efforts of the Arctic Council and individual Arctic coastal states. In this context, the book follows a given equation based on initial theories and how the opposing claims and increasing commercialization side of the equation can be balanced with the appropriate legal norm. It also reflects on the critical aspects of “hard law and soft law” which are two opposite ends of the legal pole and core elements of any legal spectrum. The book, after reflecting on those two elements, finally proposes a new Arctic legal regime, which is intricate and detailed and is basically a hierarchy based on logic and reasoning. In doing so, it imports a pristine theory for a pristine territory.