scholarly journals Regulating the Whale Wars: Freedom of Protest, Navigational Safety and the Law of the Sea in the Polar Regions

2014 ◽  
Vol 6 (1) ◽  
pp. 497-544
Author(s):  
Richard Caddell
Keyword(s):  
Direct Action ◽  
Freedom Of Speech ◽  
The Other ◽  
The Arctic ◽  
Law Of The Sea ◽  
Polar Regions ◽  
Oil Platforms ◽  
Legal Questions ◽  
Legal Arguments ◽  
The One

In recent years, strong concerns have been raised over the increasing numbers of disorderly protests and aggressive activism at sea. Maritime protests raise difficult – and understudied – legal questions concerning the boundaries between the legitimate application of rights of freedom of speech and assembly on the one hand, and the need to ensure safety of navigation on the other. This article examines the legal arguments in favour of maritime protest as well as national responses to it, in the context of two Polar case studies. Firstly, this article appraises the confrontational activism of the Sea Shepherd Conservation Society in its anti-whaling campaign in Antarctica, and the problematic application of anti-piracy legislation to more aggressive campaign groups. Secondly, this article examines the position in relation to oil platforms, as exemplified by the Prirazlomnaya dispute in the Arctic, as well as controversial developments in Antarctic jurisdictions. In so doing, this article argues that the protection accorded to direct action protests at sea is considerably more limited than many campaign groups might appreciate.

Tourist images of Greenland and the Arctic: a perception analysis

Polar Record ◽  
2009 ◽  
Vol 45 (2) ◽  
pp. 153-166 ◽  
Author(s):  
Anna Hübner
Keyword(s):  
The Other ◽  
The Arctic ◽  
Polar Regions ◽  
Travel Patterns ◽  
Tourist Destination ◽  
Travel Experience ◽  
Factors Influencing ◽  
The One ◽  
Perception Analysis ◽  
Insight Into

ABSTRACTWithin the scope of climate change and the worldwide shift in travel patterns, the Arctic has become a highly favoured tourist destination. However, the literature on studying destination images of the northern polar regions lacks analysis of prevailing perceptions and of corresponding images held by tourists without previous travel experience. Therefore, this research, recently carried out in Germany, attempts to delineate tourists' perceptions of Greenland on the one hand and the Arctic as a whole on the other as destinations. Similarities, positive and negative differences of the cognitive and affective stages are generated and an overview of perceived dimensions and factors influencing the images are given. Although the results strongly coincide with each other, there are minor differences found in favour of Greenland. With the findings it is hoped to provide a better insight into the images held by potential visitors to the Arctic and to help those engaged in marketing Greenland as a tourist destination to identify an efficient strategy.

scholarly journals Desecuritization as Displacement of Controversy: geopolitics, law and sovereign rights in the Arctic

Politik ◽  
2017 ◽  
Vol 20 (3) ◽  
Author(s):  
Marc Jacobsen ◽  
Jeppe Strandsbjerg
Keyword(s):  
Arctic Ocean ◽  
International Law ◽  
Indigenous Peoples ◽  
North Pole ◽  
The Other ◽  
The Arctic ◽  
The Arctic Ocean ◽  
Securitization Theory ◽  
The Media ◽  
The One

By signing the Ilulissat Declaration of May 2008, the five littoral states of the Arctic Ocean pre-emptively desecuritized potential geopolitical controversies in the Arctic Ocean by confirming that international law and geo-science are the defining factors underlying the future delimitation. This happened in response to a rising securitization discourse fueled by commentators and the media in the wake of the 2007 Russian flag planting on the geographical North Pole seabed, which also triggered harder interstate rhetoric and dramatic headlines. This case, however, challenges some established conventions within securitization theory. It was state elites that initiated desecuritization and they did so by shifting issues in danger of being securitized from security to other techniques of government. Contrary to the democratic ethos of the theory, these shifts do not necessarily represent more democratic procedures. Instead, each of these techniques are populated by their own experts and technocrats operating according to logics of right (law) and accuracy (science). While shifting techniques of government might diminish the danger of securitized relations between states, the shift generates a displacement of controversy. Within international law we have seen controversy over its ontological foundations and within science we have seen controversy over standards of science. Each of these are amplified and take a particularly political significance when an issue is securitized via relocation to another technique. While the Ilulissat Declaration has been successful in minimizing the horizontal conflict potential between states it has simultaneously given way for vertical disputes between the signatory states on the one hand and the Indigenous peoples of the Arctic on the other.

8. The law of the sea

2021 ◽  
pp. 104-116
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
The Other ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Economic Zone ◽  
The Law ◽  
The One ◽  
High Seas

The law of the sea governs the relations of States in respect of the uses of the seas. It allocates competences between, on the one hand, coastal States wishing to extend their jurisdictional reach as far as possible and the flag States, on the other, wishing to have the seas open for vessels to navigate and for other uses. The chapter discusses the laws applicable to each maritime zone; namely, internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, the high seas, and the seabed. It also sets out the rules of maritime delimitation between States with opposite or adjacent coastlines.

8. Law of the sea

2019 ◽  
pp. 99-112
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
The Other ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Economic Zone ◽  
The Law ◽  
The One ◽  
High Seas

The law of the sea governs the relations of States in respect of the uses of the seas. It allocates competences between, on the one hand, coastal States wishing to extend their jurisdictional reach as far as possible and the flag States, on the other, wishing to have the seas open for vessels to navigate and for other uses. The chapter discusses the laws applicable to each maritime zone, namely internal waters, the territorial sea, the contiguous zone, the Exclusive Economic Zone, the high seas, and the seabed. It also sets out the rules of maritime delimitation between States with opposite or adjacent coastlines.

Declarations, Statements and ‘Disguised Reservations’ with Respect to the Convention on the Law of the Sea

2001 ◽  
Vol 50 (4) ◽  
pp. 767-786 ◽  
Author(s):  
L. D. M. Nelson
Keyword(s):  
United Nations ◽  
International Law ◽  
The Other ◽  
Law Of The Sea ◽  
Vienna Convention ◽  
Controversial Issues ◽  
Customary International Law ◽  
The Third ◽  
The Law ◽  
The One

The question of reservations was one of the ‘controversial issues’ facing the Third United Nations Conference on the Law of the Sea in drawing up the final clauses of the Convention. On the one hand it was argued that the integrity of the Convention must be safeguarded and that the ‘package deal’ must be protected from possible disintegration by the making of reservations. On the other hand the view was held that ‘allowance for the possibility of reservations is aimed at accommodating the views of the delegations who have maintained that they cannot become parties to the Convention unless the Convention permits them to exercise a right to enter reservations, in accordance with customary international law and as envisaged under the Vienna Convention on the Law of Treaties.’ In short the need to preserve the integrity of the Convention was pitted against the need to secure universal participation in the Convention.

Arctic Nomadic Design (The Nenets Case)

2020 ◽  
Vol 24 (1) ◽  
pp. 111-142
Author(s):  
Andrei V. Golovnev
Keyword(s):  
Extreme Environment ◽  
Space Time ◽  
3D Modelling ◽  
The Other ◽  
The Arctic ◽  
Yamal Peninsula ◽  
Gps Tracking ◽  
New Methods ◽  
Movement Effect ◽  
The One

The nomadic technologies of reindeer herders from Yamal Peninsula, in their multidimensional complexity – from the space-time continuity of mobile camps on the open tundra to multi-functionality of material things – enable and facilitate mobility in the extreme environment of the Arctic. The nomadic tradition contains a whole array of concepts (or principles), which, on the one hand, are ultimately practical and, on the other, deserve a theoretical projection. These include: nomadic transformer, mobile module, movement effect, techno-animation, material austerity, space-time continuity, arctic aesthetics. A study of nomadic design implies the usage of new methods of movement recording – MTA (mapping–tracking–acting), including visual data such as UAV mapping, GPS-tracking and 3D-modelling.

Temperature in the Arctic and the Antarctic

2019 ◽  
pp. 416-427
Author(s):  
Valentin Sapunov
Keyword(s):  
Climate Change ◽  
Global Warming ◽  
Modern Science ◽  
Global Temperature ◽  
The Arctic ◽  
Polar Regions ◽  
Average Global Temperature ◽  
Temperature Dynamics ◽  
The One ◽  
The Antarctic

This chapter aims at the consideration of world temperature dynamics and its prediction in the polar regions of the planet. The global warming started in the 17th century and has been progressing since then. The decline in average global temperature began in 1997. There exist various factors which affect the process, the abiotic ones being among the major in controlling the climate. The climate is also dependent on the interaction between abiotic, biotic, and social spheres. This system seems rather stable and not very much dependent on human activity. The effects of contemporary cooling are not expected to be significant for the mankind but are definitely important for the polar regions. In the Arctic, the temperature is increasing. The one in the Antarctic declines. The average global temperature thus becomes variable. Modern science is able to predict climate change, but extensive studies free of political and economic pressure have to be conducted.

6 Applications for Provisional Measures

2021 ◽  
Author(s):  
Kittichaisaree Kriangsak
Keyword(s):  
United Nations ◽  
Marine Environment ◽  
The Other ◽  
Law Of The Sea ◽  
Arbitral Tribunal ◽  
International Tribunal ◽  
The Third ◽  
United Nations Convention ◽  
The Law ◽  
The One

This chapter assesses applications for provisional measures of protection under the 1982 United Nations Convention on the Law of the Sea (UNCLOS). At the Third UN Conference on the Law of the Sea, the need for courts or tribunals having jurisdiction under UNCLOS to have the power to prescribe provisional measures was beyond dispute although there was considerable debate concerning the details of the regime associated with such measures. The finally adopted Article 290 of UNCLOS, under the heading ‘Provisional measures’, represents the best possible compromise. Provisional measures are divided into provisional measures prescribed by the International Tribunal for the Law of the Sea (ITLOS) under Article 290(1) pending ITLOS’ judgment on the merits of the dispute, on the one hand, and provisional measures prescribed by ITLOS under Article 290(5) pending the constitution of an arbitral tribunal to which a dispute is being submitted, on the other hand. The request for the prescription of provisional measures shall be in writing and specify the measures requested, the reasons therefor, and the possible consequences, if the request is not granted, for the preservation of the respective rights of the parties or for the prevention of serious harm to the marine environment.

scholarly journals Voices of the dead: Underworld narratives in Bacchylides’ Ode 5 and Odyssey 11

2018 ◽  
Vol 10 (2) ◽  
pp. 285-305
Author(s):  
George A. Gazis
Keyword(s):  
Freedom Of Speech ◽  
The Other ◽  
The Sun ◽  
Epic Hero ◽  
The Past ◽  
Lyric Poet ◽  
The Dead ◽  
The One ◽  
Subjective View

Abstract This article identifies the influence of the Homeric ‘Poetics of Hades’ in Greek Lyric and argues for an aetiological relationship between the persistent presentation of the lyric poet’s subjective voice and the freedom of speech introduced in Homer’s Underworld. The article demonstrates this relationship through an examination of Bacchylides’ Ode 5 and argues that the lyric poet consciously innovates upon Homer’s underworld narratives by allowing his Meleager to occupy the stage and takes the audience through his agonising last minutes by describing what dying feels like in his own voice. In doing so, Bacchylides presents his audeience with a Meleager who glosses over his heroic actions and moments of glory in favour for a more emotional and subjective view of his past, filled with regret and self-pity. In this respect the hero is no different from the ghost of Achilles who dismisses honour after death for the simple privilege of seeing the light of the sun, or Agamemnon who is consumed by the memory of his wife’s treachery while having nothing to say about his glorious exploits at Troy. This powerful retelling of the story of a great epic hero of the past looks, I argue, simultaneously backwards and forwards, since on the one hand it is inherited from Homer’s ‘Poetics of Hades’, while on the other, it anticipates the emotional and unmediated voices of the heroes and heroines of the tragic stage.

scholarly journals Troubled Water in the Eastern Mediterranean. Turkey Challenges Greece and Cyprus Regarding Energy Resources

2021 ◽  
Vol 69 (1) ◽  
pp. 133-152
Author(s):  
Heinz-Jürgen Axt
Keyword(s):  
Mediterranean Sea ◽  
Eastern Mediterranean ◽  
International Community ◽  
The Other ◽  
Energy Resources ◽  
Law Of The Sea ◽  
Competitive Prices ◽  
Negative Perceptions ◽  
The Mediterranean ◽  
The One

Abstract The conflict between Turkey on the one hand and Greece and Cyprus on the other was exacerbated when Turkey and Libya reached an agreement on the delimitation of maritime zones to explore and exploit energy resources in late 2019. The countries were on the brink of military confrontation. This was the latest climax of a longer period of conflict and mistrust, during which negative perceptions became more entrenched on all sides. Energy is globally high in demand but exploiting resources in the Mediterranean Sea at competitive prices is difficult. The international community has developed an ambitious Law of the Sea, but its interpretation is controversial. Compromises are needed to de-escalate. What might serve as a ‘bridge over troubled waters’ in the Eastern Mediterranean? The author comments on the available options.

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