Sámi law is the law of the Indigenous Sámi people. The territory where Sámi have historically lived is called Sápmi and encompasses parts of Norway, Sweden, Finland, and Russia. This article builds on the premise that Sámi law exists in Sápmi, in parallel with national laws. However, in terms of methodology and content, the scope of research on Sámi law compared to research about Indigenous law in Canada is limited. This article first describes an Indigenous law research methodology which approaches stories as a source of Indigenous law. The methodology was developed in Canada and applied to the Canadian Access to Justice and Reconciliation Project. The article then discusses this research methodology in relation to Sámi law.
Negotiations are ongoing to develop an international legally binding instrument (ILBI) under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ). If adopted, the ILBI will likely apply to parts of the Arctic Ocean where the Arctic Council has played an important role for ocean governance. This begs the question of what role the Arctic Council will play vis-à-vis a future ILBI, which is envisioned to "not undermine existing relevant legal instruments and frameworks and relevant global, regional and sectoral bodies" (UN General Assembly Resolution 72/249). Against this backdrop, this article reflects on the future relationship between the Arctic Council and the ILBI. In so doing, the article initially discusses possible meanings of the notion of not undermining and, more broadly, how the ILBI will likely determine its institutional relationship with relevant bodies for BBNJ. Based on that, the article provides a short overview of the role of the Arctic Council in Arctic Ocean governance and explores whether the Arctic Council would qualify as a relevant regional body that shall not be undermined by the future ILBI.
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.
After the Liberian war ended in 2003, national and international actors have been unified behind the battle against sexual and gender-based violence (SGBV). While Liberia is still suffering from general violence, SGBV is leading the dark statistics with a wide margin. The problem runs deep in the Liberian society and international actors have had a hard time changing the situation because they do not understand Liberian legal praxis and the local governments suffers from both lack of knowledge and structural problems. Despite meager results the project has been seen as a success. Rape was criminalized in 2005 and the United Nation's Security Council resolution 1325 was implemented, both significantly increasing the rights of women and children. L. Pitkaniemi
In this paper we explore how post-petroleum security is continually shaped by both the micropolitical practices of everyday life as well as the changing geopolitics of energy landscapes. We focus in particular on the two-decade long struggle over access to hydrocarbon deposits outside the Lofoten, Vesterålen and Senja archipelago groups (LoVeSe), and show how local security perspectives permeate both national and international debates concerning the future of oil and the global climate challenge. These developments, we argue, are taking place in a paradoxical conjunction with Norwegian political establishment who along with the oil and gas industry insist on continued petroleum dependency as the only viable future. We further investigate how particular controlling measures have determined past, present and future narratives, and assess how alternative ideas that include multiple possible trajectories have found their way into national and global debates despite these efforts. The argument permeating this paper states that while oil remains a security concern to both proponents and opponents to oil development in the Arctic, the extent to which this situation is seen as a threat or a security provider varies greatly.
The impacts of climate change on marine resources are well known and demand mitigation and adaptation measures in order to protect the ecosystems. This entails more than simply altering management practices; it requires altering goal setting and managing transitions to new ecosystemic conditions. In the European Union, the main legal tool for protection of the marine environment is the Marine Strategy Framework Directive. Greece, as a member state of the European Union, has transposed the Marine Strategy Framework Directive into its national legal order and has developed legal structures to protect its marine resources from various threats, including climate change.
The present paper aims to present the legal and policy management tools in Greece, relevant to implementation of the Marine Strategy Framework Directive and climate change adaptation. For methodological reasons, the paper is divided into two parts: The first part deals with those legal tools that apply to an initial assessment of the environmental quality of Greek marine waters, while the second part analyzes legislative activities pertinent to the design and implementation of programs and measures. The aim of the national legislation is to maintain the ecosystemic integrity of the marine waters of Greece and to preserve the unique characteristics of the aquatic environment with respect to present and future generations. However, the analysis shows that a holistic legal framework demands explicit provisions for climate change impacts, while the existing framework focuses primarily on anthropogenic pressures on the marine environment.
This article reviews and compares Canadian and Russian approaches to Arctic fisheries management through a three-part format. First, the complex array of laws and policies applicable to Arctic fisheries is described for each country. How Canada and Russia have addressed international fishery issues is also highlighted, including their participation in the 2018 Central Arctic Ocean Fisheries Agreement. Second, commonalities in fisheries governance approaches are summarized, including national commitments to implement precautionary and ecosystem approaches. Finally, contrasts in Arctic fisheries management are discussed. Major differences include the greater devolution of management responsibilities by Canada to Indigenous communities through land-claim agreements and co-management arrangements and Russia's greater success in formalizing bilateral fisheries management arrangements with its neighbours.
Contrary to the view held by many actors, this paper, by using a quantitative and longitudinal analysis in a comparative perspective, show that demographic development in Northern Norway and Northern Sweden is much more similar than many think. Over the last 60 years, there has been a small negative trend in the relative percentage of the national population that lives in the two regions, with "knowledge cities", and especially the two university cities Tromsø and Umeå, as the exception. Despite Broxian social theories of regional development in Northern Norway and the implementation of a generous set of regional policies, there seems to be no cause to claim that Northern Norway has followed a unique path of development compared to Northern Sweden, neither in general nor in smaller and more rural communities.
Since the start of the Ukrainian crisis in 2014, the Nordic states have sought to advance their defence cooperation "beyond peacetime" to also encompass operational military cooperation in crisis and armed conflict. Relations between the two Nordic non-NATO members, Sweden and Finland, have formed a vanguard, encompassing bilateral operational planning beyond peacetime. While no formal security policy guarantees have been exchanged, Sweden and Finland have created strong expectations that they will lend each other support in a crisis. In short, while no formal alliance treaty exists, the two states have nevertheless become closely aligned. In 2020, Sweden and Finland joined NATO member Norway in signalling their intention to strengthen their trilateral defence relationship. The following year, NATO members Norway and Denmark signed a similar agreement with Sweden. The goal of these documents was to coordinate their national operational plans – their "war plans" – and perhaps develop some common operational plans. In this article, it is argued that these agreements fall short of a formal military alliance, but that they represent an alignment policy between the Nordic states.
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.
Mineral extraction is pursued in Greenland to strengthen the national economy. In order that new industries promote sustainable development, environmental impact assessments and social impact assessments are legally required and undertaken by companies prior to license approval to inform decision-making. Knowledge systems in Arctic indigenous communities have evolved through adaptive processes over generations, and indigenous knowledge (IK) is considered a great source of information on local environments and related ecosystem services. In Greenland the Inuit are in the majority, and Greenlanders are still considered indigenous. The Inuit Circumpolar Council stresses that utilizing IK is highly relevant in the Greenland context. Impact assessment processes involve stakeholder engagement and public participation, and hence offer arenas for potential knowledge sharing and thereby the utilization of IK. Based on the assumption that IK is a valuable knowledge resource, which can supplement and improve impact assessments in Greenland thus supporting sustainable development, this paper presents an investigation of how IK is utilized in the last stages of an impact assessment process when the final report is subject to a hearing in three recent mining projects in Greenland.
Recent and projected developments in the Arctic call for improving emergency preparedness in the region. Arctic emergency preparedness is facing traditional challenges on a new scale as well as new, non-traditional challenges. There is political will on the part of Russian leadership to create a comprehensive emergency preparedness system in the Arctic, a system that integrates non-traditional alongside traditional emergency preparedness. This paper examines the formal institutional foundation for developing an emergency system in the Russian Arctic that includes counterterrorism as well as search and rescue and oil spill response. The paper concludes that the strengthening of Russian counterterrorism in recent years has produced a parallel specialized structure that operates autonomously and in isolation from the emergency preparedness structures responsible for handling traditional challenges. Differences between the national system for countering terrorism and the unified state system for prevention and liquidation of emergencies hinder comprehensive emergency preparedness in the Russian Arctic. That being said, there is considerable overlap in central actors between the two systems. This may serve as a window of opportunity for cooperation in Arctic emergency preparedness.
