scholarly journals THE LEGAL CHARACTER AND STATUS OF THE ARCTIC COUNCIL WITHIN THE FRAMEWORK OF INTERNATIONAL LAW OF THE SEA AND THE ARCTIC. THE ROLE OF INDIGENOUS PEOPLES IN THE ARCTIC COUNCIL AND ITS FUTURE DEVELOPMENT

2020 ◽  
Vol 20 (1) ◽  
pp. 249-263
Author(s):  
Filip Farmas vel Król
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
Regional Cooperation ◽  
Point Of View ◽  
The Arctic ◽  
The European Union ◽  
Arctic Council ◽  
External Agents ◽  
Legal Character

This article describes the legal character and status of the Arctic Council, focusing on the Council’s structure and powers in regional cooperation in the Arctic and elaborating on the decision-making process and the role of the indigenous peoples, both currently and from the point of view of suggested new legislation. The Arctic Council is also presented as a body in the tangible world, where other states and organisations may have a certain extent of influence over the Council’s capabilities. China and the European Union are good examples of such external agents. The aim of this article is to analyse the role of the indigenous peoples and their organisations in the Arctic Council. Te presence of representative bodies of the indigenous peoples within the frameworkof the Arctic Council is considered significant. I hold the view that an extensive range of powers should be granted to the organisations representing the indigenous peoples within the Arctic Council. My article elaborates on the details of these powers and their significance.

scholarly journals Current and Prospective Roles of the Arctic Council System within the Context of the Law of the Sea

2012 ◽  
Vol 27 (3) ◽  
pp. 553-595 ◽  
Author(s):  
E.J. Molenaar
Keyword(s):  
International Law ◽  
Regional Cooperation ◽  
Institutional Structure ◽  
Search And Rescue ◽  
The Arctic ◽  
Law Of The Sea ◽  
Arctic Council ◽  
The Law ◽  
Maritime Search And Rescue

Abstract This article examines the current and prospective roles of the Arctic Council System (ACS) within the context of the (international) law of the sea. Its first part focuses on the role of regional cooperation under the law of sea, with special attention to the way in which the pacta tertiis principle has shaped some regional regimes. The second part examines current features of the Arctic Council, including its mandate and main approaches, participation and institutional structure. The new concept of the ACS is offered to clarify the connection between the Arctic Council and the 2011 Agreement on Cooperation in Aeronautical and Maritime Search and Rescue in the Arctic and future legally binding instruments negotiated under the Council’s auspices, but not adopted by it. The article concludes with a synthesis of the current and prospective roles of the ACS under the law of the sea.

The Role of the Arctic Council from an International Law Perspective: Past, Present and Future

2014 ◽  
Vol 6 (1) ◽  
pp. 349-374 ◽  
Author(s):  
Yoshinobu Takei
Keyword(s):  
International Law ◽  
Essential Role ◽  
The Arctic ◽  
Arctic Council ◽  
Treaty Negotiations ◽  
Recent Developments ◽  
Law Making

Established in 1996, the Arctic Council has played an essential role in promoting pan- Arctic cooperation on various issues concerning the Arctic. Increasingly, its activities have contributed to the development of international law relating to the Arctic in terms of law-making and implementation. Recent developments make it pertinent to investigate the possibilities and challenges faced by the Arctic Council in developing legally binding instruments and otherwise contributing to the development of international law relating to the Arctic. How has the Council been engaged in activities that contribute to the development of international law? What factors have affected these activities? This article describes the structure of the Arctic Council and its status under international law; analyzes important developments relating to this issue in the period before the 2009 Ministerial Meeting held in Tromsø, Norway; examines the processes in which two legally binding instruments were negotiated and eventually adopted as well as elements common to these agreements; and discusses Arctic Council processes relevant to the development of international law other than treaty negotiations under its auspices.

The Law of Eurasian Economic Union: International Legal Discourse

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0 ◽  
Author(s):  
Анатолий Капустин ◽  
Anatoliy Kapustin
Keyword(s):  
International Law ◽  
Latin American ◽  
Point Of View ◽  
The European Union ◽  
Secondary Sources ◽  
Eurasian Economic Union ◽  
Legal Nature ◽  
Economic Union ◽  
The Law

The article discusses the main features of the Law of the Eurasian Economic Union (EAEU) from the point of view of modern international law, its legal nature and place, and functions in the regulation of the Eurasian integration. The article investigates the importance of the Foundation agreement as the international legal basis of the Union and its legal system. The author conducts comparative law analysis of conceptual models of the integration law on the example of the European legal theories of the European Union and Latin American theories of law on regional economic integration. This article gives comprehensive international law characteristics of regulatory definitions and conceptual framework of the EAEU law. The author classifies contractual sources of the Union’s Law and reveals the relationship between them. The author shows the role of secondary sources of the Union’s Law — acts of intergovernmental bodies. The author does not only list the sources enumerated in the EAEU Treaty, but also makes a forecast about the role of other international law acts and norms in the development of the EAEU Law concept. The author draws the conclusion that the Union’s Law is of an international law nature.

Rebalancing state and Indigenous sovereignties in international law: An Arctic lens on trajectories for global governance

2019 ◽  
Vol 32 (4) ◽  
pp. 675-693
Author(s):  
Sabaa Ahmad Khan
Keyword(s):  
Climate Change ◽  
International Law ◽  
Indigenous Peoples ◽  
Global Governance ◽  
Anthropogenic Activities ◽  
International System ◽  
Arctic Climate ◽  
The Arctic ◽  
Arctic Climate Change

AbstractThe environmental and economic realities of Arctic climate change present novel problems for international law. Arctic warming and pollution raise important questions about responsibilities and accountabilities across borders, as they result from anthropogenic activities both within and outside the Arctic region, from the Global North and the Global South. Environmental interdependencies and economic development prospects connect in a nexus of risk and opportunity that raises difficult normative questions pertaining to Arctic governance and sovereignty. This article looks at how the Arctic has been produced in international legal spaces. It addresses the implication of states and Indigenous peoples in processes of Arctic governance. Looking at specific international legal instruments relevant to Arctic climate change and development, the author attempts to tease out the relationship between the concepts of Indigenous rights and state sovereignty that underlie these international legal realms. What do these international legal regimes tell us with respect to the role of Arctic Indigenous peoples and the role of states in governing the ‘global’ Arctic? It is argued that while international law has come a long way in recognizing the special status of Indigenous peoples in the international system, it still hesitates to recognize Indigenous groups as international law makers. Comparing the status of Indigenous peoples under specific international regimes to their role within the Arctic Council, it becomes evident that more participatory forms of global governance are entirely possible and long overdue.

A new era in the Arctic Council's external relations? Broader consequences of the Nuuk observer rules for Arctic governance

Polar Record ◽  
2013 ◽  
Vol 50 (3) ◽  
pp. 225-236 ◽  
Author(s):  
Piotr Graczyk ◽  
Timo Koivurova
Keyword(s):  
Decision Making ◽  
European Union ◽  
The Arctic ◽  
The European Union ◽  
Arctic Council ◽  
New Era ◽  
Protection Strategy ◽  
External Relations ◽  
External Actors

ABSTRACTThis article studies the role of observers under both the Arctic Environmental Protection Strategy (AEPS) and the Arctic Council (AC) before the Nuuk ministerial meeting that took place in May 2011. In this meeting, the AC actors were able to find consensus on criteria for admitting new observers, an issue that has received much media attention, given that China and the European Union, for example, are queuing to become observers in the AC. It is of importance to examine the content of these recently adopted Nuuk observer rules and their potential to impact decision-making on whether the external actors can be included as observers. Moreover, this article studies how, if at all, the Nuuk observer rules might affect the position of the AC in the broader setting of circumpolar cooperation.

Limits and possibilities of the Arctic Council in a rapidly changing scene of Arctic governance

Polar Record ◽  
2009 ◽  
Vol 46 (2) ◽  
pp. 146-156 ◽  
Author(s):  
Timo Koivurova
Keyword(s):  
Indigenous Peoples ◽  
The Arctic ◽  
The European Union ◽  
Arctic Council ◽  
Protection Strategy ◽  
Testing Period ◽  
Negotiation Tactics ◽  
Future Challenges ◽  
Short Time ◽  
The Eu

ABSTRACTIn a very short time, discussions on Arctic governance have moved from being a topic of scholarly attention and NGO advocacy onto the agendas of states and of the European Union (EU). Increasingly, the various alternatives propounded by a diverse set of actors over what Arctic governance should look like appear as pre-negotiation tactics, a type of testing period before a regime change. The article examines whether the still predominant inter governmental forum, the Arctic Council, is facing a threat of being supplanted by other forms of governance. It will study how resistant the Arctic Council, and its predecessor the 1991 Arctic environmental protection strategy, are to change in order to understand whether the council could renew itself to meet future challenges. It will also examine the various proposals for Arctic governance set out by states, the EU and the region's indigenous peoples. All this will permit conclusions to be drawn on where the Arctic Council stands amid all these proposals and whether, and in what way, it should change to support more sustainable governance in the Arctic.

scholarly journals The participation of indigenous peoples in international norm-making in the Arctic

Polar Record ◽  
2006 ◽  
Vol 42 (2) ◽  
pp. 101-109 ◽  
Author(s):  
Timo Koivurova ◽  
Leena Heinämäki
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
Political Development ◽  
Customary Law ◽  
The Arctic ◽  
Soft Law ◽  
Arctic Council ◽  
International Norm ◽  
Nation States ◽  
Important Means

Indigenous peoples regularly regard international law as a very important tool for the advancement of their political goals. This is most likely because in many nation-states their opportunities for influencing political development are rather limited. Even though international law seems to be an important means for indigenous peoples to advance their goals, these peoples should be aware of its inherent limitations. One such shortcoming is that international law seriously restricts indigenous peoples' opportunities to participate in the international law-making processes; that is treaty and customary law. The contention in this article is that the recent norm-making method of soft law provides indigenous peoples with a better opportunity for influential participation than is afforded them by traditional methods. If these peoples are to benefit from this opportunity, however, we must appreciate the revolutionary potential of the concept: a potential that is suffocated if the concept is understood only from the perspective of international law. A good example of indigenous peoples gaining a better standing in inter-governmental co-operation is the Arctic Council, which based its work on the soft-law approach from the outset. There would seem to be good prospects for adopting the Arctic Council's approach in other regions of the world in order to improve indigenous peoples' international representational status.

Political mobilisation of northern indigenous peoples in Russia

Polar Record ◽  
2007 ◽  
Vol 43 (1) ◽  
pp. 23-32 ◽  
Author(s):  
Tamara Semenova
Keyword(s):  
Decision Making ◽  
Sustainable Development ◽  
Indigenous Peoples ◽  
Collective Identity ◽  
Regional Cooperation ◽  
National Level ◽  
The Arctic ◽  
Decision Making Process ◽  
International Organisations ◽  
Arctic Council

The analysis of international and national cooperation interprets relations between states, international organisations and indigenous peoples as currently being constructed in terms of political practices. Through practical work in their organisations (IPOs), indigenous peoples are building up a joint agenda to further their social and economic interests. This process is accompanied by a transformation of the agenda of sovereign states and subordinate government bodies as well as by the establishment of partnerships with indigenous peoples through their legally recognised organisations that have become new political actors. New methods are emerging in which these practices can evolve in the most efficient way: the recognition of IPOs as equal partners in the decision-making process; the allocation of resources to facilitate their participation; the incorporation of traditional knowledge; the accommodation of indigenous priorities; joint initiatives; and other collective actions. The intergovernmental forum of the Arctic Council may serve as a positive model in which both governments and indigenous peoples collaborate. IPOs fully participate in the regional decision-making process, and through building up a new collective identity, reach out to high-level international organisations and events such as the World Summit on Sustainable Development and the UN Permanent Forum on Indigenous Issues. In Russia, at the national level, the process has been less successful than elsewhere. This formation of collective identity is connected to two processes: one is a search for new opportunities of interaction with the state in the legal and governmental sphere: the other comprises regional cooperation and local interpretation of sustainable development. This is an INDIPO project paper (Tennberg 2006).

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