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This article proposes a model of anthropocentric ocean connectivity based on the concept of human perspective as location. Within this location, anthropocentrism can be, but is not necessarily, an exclusive or dominant valuation of the human. In fact, conceptions of both anthropocentrism and of ocean connectivity are pluralistic. These and other pluralisms are borne out in this article's content and structure, which takes the form of explorations of anthropocentric connectivity in relation to four specific ocean-related human activities. First, Jan Solski applies understandings of connectivity as "flow" in the context of strategic ocean geopolitics. Second, Iva Parlov analyzes current doctrinal issues and interactions at the international level with respect to the legal regime for places of refuge for ships in need of assistance. Third, Maria Madalena das Neves examines ocean connectivity in the context of transboundary energy trade and market integration, with particular attention to geopolitical and ecological connectivity. Finally, Julia Gaunce proposes that the making and application of transnational rules and standards for ships in polar waters enhances certain connections and disrupts others, to the detriment of oceans and people, and that broadening connectivity especially in respect of Arctic Indigenous people(s) could help address challenges faced by oceans and ocean governance.

The distribution of legal authority to protect biodiversity in marine areas beyond national jurisdiction (ABNJ) between the Convention on Biological Diversity (CBD) and the UN Law of the Sea Convention (LOSC) has been a contentious issue. In practice, main responsibility has been allocated to LOSC, under which a new implementing agreement on conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (BBNJ) is currently being negotiated. CBD was allocated responsibility for providing scientific information and advice on marine biodiversity, which has resulted in the identification and description of 321 Ecologically or Biologically Significant Marine Areas (EBSAs) worldwide, within and beyond national jurisdiction. These could provide important scientific backing for a coming BBNJ instrument under LOSC, especially as regards the designation of marine protected areas and the conduct of environmental impact assessments in ABNJ. However, the process of modifying EBSAs and identifying new ones has recently been challenged by the CBD Conference of the Parties, harking back to previous disputes over the legal mandate and thereby threatening the entire mechanism that has been established. In the context of international environmental law and law of the sea, this article discusses the potential importance of EBSAs for the expected BBNJ instrument, using the Central Arctic Ocean EBSA as an example.

Regulatory coherence is crucial to effectively respond to the growing pressures that our oceans are facing. Applying the interpretative lens of ocean connectivity to ocean governance can help address the challenges from a material, epistemic, and geopolitical viewpoint. This special issue intends to uncover various understandings of ocean connectivity taking into account the complex biocultural interactions happening in the marine environment. The research aim is divided into two objectives: (1) to explore the various conceptualizations of ocean connectivity; and (2) to provide a critical analysis on how the law (of the sea) considers or disregards ocean connectivity. Our research methodology combines a literature review and a mapping technique that examines the models of connectivity. The mapping technique has been developed by adopting the 'one-pager approach', where the authors have been asked to answer two research questions, aligned with our research objectives. We structured the work into an introductory section and three main articles. The understanding of ocean connectivity is key to developing international marine policy and suggesting legal tools for the protection of the marine environment. Moving from this angle towards an understanding of connectivity which includes bio-centric elements, Indigenous cosmo-visions, and anthropocentric connectivity, we identified three models of connectivity and explored their suitability to address the systemic challenges.

The 2010s was a busy decade for the Northern Sea Route (NSR). It started with the first shipping season to feature the international use of the NSR for commercial purposes, followed by a significant reform of the domestic legal regime, as well as the adoption of the Polar Code. The traffic has gradually picked up, and although the expectations of a significant surge in trans-Arctic navigation have not materialized, the NSR's annual turnover has grown beyond the old records set by the USSR. While the Russian authorities have struggled to find the most optimal means of development of the NSR, the latter has recently been re-marketed as a Polar Silk Road, part of the grand Chinese One Belt One Road initiative. While Russia has been rebuilding its military presence in the Arctic, the French Navy vessel BSAH Rhone unexpectedly navigated through the NSR, inciting strong political, but yet not legal, response. The present article aims to take stock of the last decade, paying primary attention to the Russian State practice in developing, adopting, and enforcing legislation in the NSR. By describing the current status and identifying some of the regulatory trends, the article will draw cautious predictions on the role of the law of the sea in the management of the NSR in the near future.

This article takes an in-depth look at the controversy surrounding initiatives to eliminate poverty in developing countries. While analysis of the problem necessarily assumes an international perspective, special attention is given here to the role that Norway -- as a European country made wealthy by its natural resources -- is to play in the effort to advance underdeveloped regions. A review of existing critical literature reveals a commonly held view that the most detrimental problems arise because of the inability to control what happens to aide money given to impoverished nations that are often run by corrupt power groups that use the money to consolidate their own power. As much research has demonstrated, world contributions to developing areas over the past decades have failed to produce the expected results, which again signals that the dilemma of under-developed areas is rooted in their internal organization & collective incentives. Several perspectives on this issue are reviewed here to pronounce the moral question assumed by many where Norway is concerned, namely if a country made wealthy by something that it has not "earned" per se should continue to support an aide mechanism that is shown by many analyses to be unsustainable. The stakes & alternatives in this debate are discussed here in detail. C Brunski

Certification according to private sustainability standards (ecolabelling) has become an important addition to public fisheries management in recent years. The major global ecolabel in terms of comprehensiveness and coverage is the Marine Stewardship Council (MSC) Fisheries Standard. Under the MSC Standard, the status of the fishery's target stocks, its impact on the wider ecosystem and the effectiveness of its management system are assessed. Becoming and remaining certified requires continuous behavioural adaptation from fisheries through a fine-meshed system of conditions attached to certification. In this article, MSC certification of two clusters of fisheries in Arctic waters is discussed, one large- and one small-scale. In the Barents Sea cod and haddock fisheries, the main obstacle to certification has been the fisheries' impact on endangered, threatened and protected (ETP) species and bottom habitats, and in order to remain certified beyond the first five-year certification period, the fishing companies have had to introduce a number of voluntary measures beyond what is required by law. In the local lumpfish fisheries in Greenland, Iceland and Norway, conditions attached to certification have been related to the effects of these fisheries on seabirds and marine mammals. Here essential parts of a management regime, such as biological reference points and harvest control rules, have come about as a direct result of MSC certification. MSC certification is no panacea, but it seems to have found a niche as a supplement to national legislation and international agreements.

In 2017, the The International Code for Ships Operating in Polar Waters (Polar Code) – a set of function-based regulations applicable to Arctic and Antarctic waters, with the goal of increasing awareness and improving safety for ship operations in polar waters – entered into force. This article examines the Polar Code's contribution to the establishment of new standards and guidelines, with the problem under discussion being the extent to which the function-based regulations contribute to enhancing safety for ship operations in the Arctic, given that maritime activities in these waters are associated with great risks and uncertainties. The article gives a historical review, elucidating the background leading to the development of the Polar Code, followed by a review of the structure and key principles of the regulations. Further, ship traffic in the Arctic region and those subject to the Polar Code are examined, followed by a summary of findings and experiences from three survival exercises (SARex I, II and III), performed in northern areas around Svalbard between 2016 and 2018. The article concludes that safe ship operations depend on those subject to the regulations conducting thorough operational risk assessments that cover all potential hazards, in order to mitigate sufficiently. Further, the presence of authorities is found to be crucial, with validation of the adequacy and the dimensioning of the implemented measures being of the essence.

For the first time in the Swedish Supreme Court, a small Sami reindeer herding community has won an important victory affirming the community's small game hunting and fishing rights. Because of protracted use and the concept of immemorial prescription, the Court recognised the community's exclusive hunting and fishing rights, including the right to lease these rights to others. Such leases have long been prohibited by legislation and the State has retained its powers to administer such leases. This case signifies a considerable development in the area of Sami law. In its decision, the Supreme Court made some adjustments to the age-old doctrine of immemorial prescription, and provided insights into how historic evidence should be evaluated when the claimant is an Indigenous people. A common motivator for these adjustments is an enhanced awareness of international standards protecting Indigenous peoples and minorities. Even ILO Convention No. 169 – the only legally binding convention concerning Indigenous rights, but which Sweden has not yet ratified – is relevant when it comes to evaluating Sami customary uses. The Court addressed the problem of gaps in the historical material and used evidence from other parts of Swedish Lapland and adjacent time-periods, making reasonable assumptions to fill in these gaps. The Court imposes on the State the burden of proof regarding the extinguishment of already established Sami rights, as well as proof that extinguishment by legislation or expropriation, is "clear and definitive". These conditions were not met in this case.

The duty of states to consult indigenous communities is a well-established legal principle, but its implications for practice remain uncertain. Sweden is finding itself at a particularly critical juncture as it prepares to legislate a duty to consult the Sami people in line with its international obligations. This paper explores the ability of Swedish state actors to implement the duty to consult, based on lessons from an already existing duty set out in Swedish minority law, namely to ensure the effective participation of minorities in land and resource decisions. Presenting novel empirical material on the views of Sami communities and state officials in ministries and agencies, we demonstrate the existence of considerable implementation gaps linked to practice, sectoral legislation, and political discourse. We argue that if state duties are to promote the intended intercultural reconciliation, then new measures are needed to ensure enforcement, e.g. via mechanisms of appeal and rules of nullification. In addition, sectoral resource regulations should be amended to refer to the duties set out in minority law and/or a potential new bill on consultation duty in a consistent manner. In the near-term, the state should ensure that Sami communities are adequately resourced to engage in consultation and should invest in state authorities' own ability to implement, i.e. through competence development, staffing, intersectoral coordination, and independent evaluation. Much could also be gained if state agencies and Sami communities worked together to develop detailed consultation routines for relevant resource sectors.

The Arctic is saturated with nuclear facilities bringing both benefits for regional economic and social development and risks of nuclear and radiological accidents and concerns about radioactive wastes. There is every reason to expect the Arctic will remain a nuclearized region during the foreseeable future. This makes it important to direct attention to issues of nuclear safety and security in the region. We identify several clusters of these issues in the Arctic, including the challenges of potential nuclear accidents, the handling of spent nuclear fuel and radioactive waste, the cleanup of radiological contaminants, and concerns about nuclear security. An analysis of international conventions and voluntary codes of conduct shows that they are applicable to Arctic nuclear safety and security, but only in general terms. This suggests a need for an Arctic-specific agreement on nuclear and radiological safety, emergency preparedness and response, and cleanup of radiological contaminants. The outbreak of military hostilities in Ukraine in February 2022 has disrupted normal procedures for addressing issues of common concern in the Arctic. But the need for co-operation regarding matters like nuclear safety and security will not go away. Assuming it is possible to devise "necessary modalities" for restarting the work of the Arctic Council following the acute phase of the Ukraine crisis, an Arctic-specific agreement on nuclear safety and security could be developed under the auspices of the Arctic Council, which already has taken an interest in nuclear safety through the activities of its Working Group on Emergency Prevention, Preparedness and Response. Once such an agreement is in place, it will become important to consider the infrastructure needed to ensure that its provisions are implemented effectively.