Suchergebnisse

Why an Introduction to International Marine Mammal Law? -- Marine Mammals -- Some Basics -- Marine Mammals and Humans -- The Global Framework for the Environment and Marine Mammals -- The International Legal Framework for Whales -- The International Legal Framework for Seals -- The International Legal Framework for Polar Bears -- The Characteristics of International Marine Mammal Law -- The Future of International Marine Mammal Law.

In September 2009 the European Union adopted Regulation 1007/2009 on trade in seal products (Basic Regulation) due to concerns over the welfare of seals in the non-indigenous commercial seal hunts, particularly in Canada. Throughout the policy-making process these moral concerns were a crucial element of the political will to bar seal products from the EU market. Also research carried out as part of the preparatory works leading to the Basic Regulation appeared to support the claim that the seal hunt, unless conducted by indigenous communities, is cruel and unnecessary, calling for a legislative response in the European Union. This dissertation screens the legislative process of the EU seal regime and considers in how far problem identification, goal setting and goal attainment are streamlined. Throughout this thesis it becomes obvious that also the claim of a European 'moral concern' is ambiguous although the Union successfully defended the regime under the 'moral exception' clause in international trade law. Even though animal welfare in general can be regarded as a Community value, the EU seal regime cannot be linked to other EU animal welfare laws as the regime does not have an impact on animal welfare in the seal hunts. Instead, the dissertation shows that, although the seal regime appears to be based on 'objective' scientific knowledge, it is based on an inherently biased approach towards the non-indigenous seal hunts. Indicative for the neglect of remote coastal communities in which the seal hunt is carried out is the lack of recognition of its socio-economic and cultural value for the people involved in it. Based on ethnographic fieldwork in a seal hunting community and in the processing industry this dissertation shows how closely interlinked the seal hunt at sea is with the social fabric on land. Indeed, a lack of knowledge on conditions in the sealing industry existed prior to the seal regime's adoption although its impacts were expected to be drastic. In spite of this gap in knowledge the regime was adopted.

The Barents Euro-Arctic Region (BEAR) which was founded in 1993 is a dual-layered forum of cooperation between governments and regions in the Barents Region. It is based on the legally non-binding Kirkenes Declaration, whose overarching aim is to promote sustainable development in the region. To this end, the protection of the environment is to be included in all its activities. This article analyzes the inclusion of the concept of sustainable development in the cooperative structure of the BEAR based on the 1992 Rio Declaration and Agenda 21. Several selected Multilateral Environmental Agreements (MEA) are analyzed against the background of their reflection in the BEAR working procedures. In the case of some MEAs, different statuses of ratification in Russia and the Nordic Barents states aggravate their implementation in the BEAR context. Notwithstanding, the forum has developed different strategies which enable their successful application for the Barents Region.Keywords: Barents Euro-Arctic Region; Barents Environmental cooperation; Multilateral Environmental Agreements; Soft-law cooperation; Sustainable Development; Russian non-ratification.Citation: Arctic Review on Law and Politics, vol. 3, 2/2012 pp. 218–243. ISSN 1891-6252

The Barents Euro-Arctic Region (BEAR) which was founded in 1993 is a dual-layered forum of cooperation between governments and regions in the Barents Region. It is based on the legally non-binding Kirkenes Declaration, whose overarching aim is to promote sustainable development in the region. To this end, the protection of the environment is to be included in all its activities. This article analyzes the inclusion of the concept of sustainable development in the cooperative structure of the BEAR based on the 1992 Rio Declaration and Agenda 21. Several selected Multilateral Environmental Agreements (MEA) are analyzed against the background of their reflection in the BEAR working procedures. In the case of some MEAs, different statuses of ratification in Russia and the Nordic Barents states aggravate their implementation in the BEAR context. Notwithstanding, the forum has developed different strategies which enable their successful application for the Barents Region.Keywords: Barents Euro-Arctic Region; Barents Environmental cooperation; Multilateral Environmental Agreements; Soft-law cooperation; Sustainable Development; Russian non-ratification.Citation: Arctic Review on Law and Politics, vol. 3, 2/2012 pp. 218–243. ISSN 1891-6252

The commercial seal hunt has faced significant opposition through campaigns and public opinion. Based on this opposition, the European Union (EU) adopted a regime in 2009, effectively shutting down the EU market for commercial seal products. This ban appears to be based on a European moral standard relating to the welfare of animals, and the EU has successfully defended this claim under the Dispute Settlement Process of the World Trade Organization (WTO). This article critically examines whether such a moral standard exists or whether it is merely an opinion without deeper moral contexts. It further discusses the problems relating to drawing moral conclusions based on 'public opinion' and responses to a possible accompanying 'moral standard'. The article delves into the legal dimension of a 'European morality' and discusses in how far moral concerns have been dealt with under the WTO and before EU Courts. It becomes evident that whilst arguing for a European moral standard under the WTO, the EU has shown in European case law that the determination of moral standards rests with the nation states.

This book examines the impact and implications of Japan's withdrawal from the International Convention for the Regulation of Whaling (ICRW), which came into effect in July 2019. In 1982 the International Whaling Commission (IWC) adopted a moratorium on commercial whaling which has been in effect ever since, despite the resistance of some countries, first and foremost Japan, Norway and Iceland, that engage in commercial whaling. As one of the key contributors to scientific research and funding, Japan's withdrawal has the potential to have wide-ranging implications and this volume examines the impact of Japan's withdrawal on the IWC itself, on the governance of whaling, and on indigenous and coastal whaling. It provides backgrounds and commentaries on this decision as well as normative and legal discussions on matters relating to sustainable use of resources, and philosophies surrounding whaling in different IWC countries. The consideration of other international environmental regimes, such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), is also examined in order to determine the international ripple effect of Japan's decision. The book reveals that this is not just a matter of whaling but one which has significant legal, managerial and cultural implications. Drawing on deep analyses of IWC structures, the book addresses core philosophies underlying the whaling debate and in how far these may influence environmental governance in the future. This book will be of great interest to students and scholars of environmental law and governance, biodiversity conservation and sustainable development, as well as policymakers involved in international environmental and conservation agreements.

"This book comprehensively discusses the role that non-state actors play in the Arctic and assesses the normative role of these actors. Beyond any organised forum, there are actors that have a significant impact on the way the Arctic is developed, adjudicated, managed, perceived, presented and represented. This book complements the literature on non-state actors in international law and international security, world politics and international relations and provides a geographical account of their role for the Arctic. The book content is not limited to a specific discipline, but takes into account different approaches to the topic. This means that it contains three types of contributions: research articles, shorter research notes and commentaries. While the research articles constitute the main body of the work, it is also the research notes which provide an insight into issues related to the topic of the book:--

Intro -- Foreword: From Victim to Victor -- Seals! -- Sassuma arnaa: Mother of the Sea -- Colonial Heritage and the Inferiority Complex -- Acknowledgements -- Contents -- Contributors -- About the Authors -- Acronyms -- Chapter 1: A Light at the End of the Arctic Tunnel? Introducing a Triumphant Discourse on Arctic Scholarship -- 1.1 Tales of Disasters-Disasters of Tales? -- 1.2 Narrating Arctic Disaster -- 1.3 About This Book -- 1.4 Narrating Arctic Triumph -- References -- Part I: Narrating Arctic Indigenous Fantasies -- Chapter 2: Narrating Indigeneity in the Arctic: Scripts of Disaster Resilience Versus the Poetics of Autonomy -- 2.1 Introduction -- 2.2 Arctic Resilience? -- 2.3 Race in the Arctic -- 2.4 Governing by Cliché in the Arctic -- 2.5 Indigenous Imaginaries in the Arctic -- 2.6 Conclusion -- References -- Chapter 3: European Fantasy of the Arctic Region and the Rise of Indigenous Sámi Voices in the Global Arena -- 3.1 Introduction: European Imaginaries About Lapland and Its Inhabitants -- 3.2 The Arctic as a Treasure Chest and Indigenous Peoples as the Protectors of Nature -- 3.3 Sámi Gaining Political Leverage: The Rise of Sámi Global Rights Discourse & Gaining Voice in Land Rights Issues -- 3.4 Are Sámi Heard by the Finnish Government Today? -- 3.5 Learning the Correct Vocabulary - A Case Study -- 3.6 Conclusion: A New Narrative of Emancipation or Still an Imposed Imaginary? -- References -- Part II: From Homestead to Homeland -- Chapter 4: Cultural Heritage, or How Bad News Can Also Be Good -- 4.1 Introduction - Cultural Heritage Attracts Travellers -- 4.2 A Pan-Arctic Population of Cultural Heritage Sites -- 4.3 Threats to the Arctic's Cultural Heritage -- 4.4 A Dismal Picture or a Background to More Positive News? -- 4.4.1 Increased Attention to Preserving the Remaining Cultural Heritage.

An ocean in the making : non-Arctic actors and emerging Arctic legal orders / Akiho Shibata, Leilei Zou, Nikolas Sellheim and Marzia Scopelliti -- The current and future role of non-Arctic states in Arctic governance / Timo Koivurova -- The rise of Asia and Arctic legal order-making : political-economic settings / Aki Tonami -- Japan's role in formation and strengthening of Arctic legal orders / Keiji Ide -- China's Arctic policy white paper and its influence on the future of Arctic legal developments / Egill Thor Nielsson and Bjarni Már Magnússon -- Our homeland : Arctic indigenous peoples' perspectives on non-Arctic states / Dalee Sambo Dorough -- Sustaining a conservationist agenda? : NGO influence on Arctic sealing, whaling and hydrocarbon regimes / Marzia Scopelliti and Nikolas Sellheim -- The Arctic Five-plus-Five process on central Arctic Ocean fisheries negotiations : reflecting the interests of Arctic and non-Arctic actors / Joji Morishita -- Participation in the Central Arctic Ocean Fisheries Agreement / Erik J. Molenaar -- The role of transnational knowledge networks and epistemic communities in Arctic shipping governance / Rasmus Gjedssø Bertelsen -- Russia's legislative development pertaining to the Northern Sea Route and its interactions with Sino-Russian Arctic cooperation / Leilei Zou -- The Arctic Science Cooperation Agreement : a perspective from non-Arctic actors / Akiho Shibata -- State Observers and science cooperation in the Arctic Council : same same but different? / Sebastian Knecht and Jennifer Spence -- China in the Arctic Council : existing problems and prospective solutions / Yuanyuan Ren.

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.