The participation of Arctic Indigenous peoples’ organizations in the Arctic Council and beyond

AbstractThe Arctic Environmental Protection Strategy (the forerunner of the Arctic Council) and the Northern Forum are both products of the sea change in Arctic politics occurring in the wake of the end of the Cold War. Both are soft law arrangements and both are lightly institutionalized. Yet these similarities have not provided a basis for collaboration between the Arctic Council (AC) and the Northern Forum (NF). For the most part, the two bodies have behaved like ships passing in the night. This article seeks to explain this lack of collaboration and to evaluate future prospects in this realm. The lack of collaboration is attributable in part to a number of sources of tension or fault lines, including issues relating to core-periphery relations, the concerns of indigenous peoples, divergent constituencies, the Russian connection, and bureaucratic politics and the complexities of political leadership. In part, it stems from ambiguities about the status of the AC and the NF combined with restrictions on the roles these bodies can play. There is little prospect of combining the two bodies into a more comprehensive Arctic regime. But there are opportunities to devise a realistic division of labor and to develop useful coordination mechanisms. The AC, for example, is the appropriate vehicle for efforts to strengthen the voice of the Arctic regarding global issues; the NF is well-suited to dealing with matters of community viability. Ultimately, the two bodies might consider creating a joint working group on sustainable development or organizing occasional joint meetings of the AC's Senior Arctic Officials and the NF's Executive Committee.

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Arctic Ocean Management and Indigenous Peoples: Recent Legal Developments

The Yearbook of Polar Law Online ◽

10.1163/22116427_011010007 ◽

2020 ◽

Vol 11 (1) ◽

pp. 81-120

Author(s):

Nigel Bankes

Keyword(s):

Arctic Ocean ◽

Indigenous Peoples ◽

The Arctic ◽

Scientific Cooperation ◽

Arctic Council ◽

Central Arctic Ocean ◽

Polar Code ◽

Ocean Management ◽

Marine Areas ◽

Maritime Search And Rescue

This article examines recent legal developments in the management of human activities in Arctic marine areas and considers the extent to which these developments acknowledge or recognize the rights, roles and interests of Arctic Indigenous peoples. These developments include the negotiation of three treaties under the auspices of the Arctic Council: the Agreement on Cooperation on Aeronautical and Maritime Search and Rescue in the Arctic, (Arctic SAR Agreement), the Agreement on Cooperation on Marine Oil Spill Preparedness and Response in the Arctic (Arctic MOSPA), and the Agreement on Enhancing International Arctic Scientific Cooperation (Arctic Science Agreement), the adoption of the Polar Code by the International Maritime Organization (IMO), and, most recently, the signature of the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (the CAOF Agreement). It also examines more recent practice under the Agreement on the Conservation of Polar Bears (ACPB).

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Global Co-management and the Emergent Arctic: Opportunities for Engagement and Collaboration between Arctic States, Indigenous Permanent Participants, and Observers on the Arctic Council

The Yearbook of Polar Law Online ◽

10.1163/22116427_012010016 ◽

2021 ◽

Vol 12 (1) ◽

pp. 251-267

Author(s):

Barry S. Zellen

Keyword(s):

Indigenous Peoples ◽

Arctic Region ◽

The Arctic ◽

Management Systems ◽

Arctic Council ◽

Indigenous Participation ◽

Multi Level ◽

New Institutions ◽

Successful Collaboration ◽

The Arctic Region

Successful collaboration between the indigenous peoples and the sovereign states of Arctic North America has helped to stabilise the Arctic region, fostering meaningful indigenous participation in the governance of their homeland, the introduction of new institutions of self-governance at the municipal, tribal and territorial levels, and successful diplomatic collaborations at the international level through the Arctic Council. This stability and the reciprocal and increasingly balanced relationship between sovereign states and indigenous stakeholders has yielded a widely recognised spirit of international collaboration often referred to as Arctic exceptionalism. With competition in the Arctic between states on the rise, the multitude of co-management systems and the multi-level, inter-governmental and inter-organisational relationships they have nurtured across the region will help to neutralise new threats to ‘Arctic Exceptionalism’ posed by intensifying inter-state tensions.

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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

Zeszyty Prawnicze ◽

10.21697/zp.2020.20.1.11 ◽

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.

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Circumpolar Indigeneity in Canada, Russia, and the United States (Alaska): Do Differences Result in Representational Challenges for the Arctic Council?

ARCTIC ◽

10.14430/arctic67955 ◽

2019 ◽

Vol 72 (1) ◽

pp. 71-81 ◽

Cited By ~ 2

Author(s):

Evgeniia Sidorova

Keyword(s):

United States ◽

Indigenous Peoples ◽

The United States ◽

The Arctic ◽

Arctic Council ◽

Far North ◽

Indigenous Groups ◽

Indigenous Organizations ◽

Definition Of

This article investigates differences in circumpolar indigeneities in three major Arctic nations: Russia, Canada, and the United States (Alaska). Russia has different ways of recognizing indigeneity in law, and that definition of indigeneity excludes larger Indigenous groups of the Far North (Sakha, Komi), rather than seeing them as ethnic (titular) minorities. This study reveals that: 1) not all Indigenous peoples are represented in the Arctic Council; 2) there are historical explanations for this underrepresentation; 3) the Arctic Council should include more Indigenous groups as Permanent Participants. The equal representation of Indigenous organizations as Permanent Participants in the Arctic Council is important because all Indigenous groups in the Arctic should be heard.

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Little Italy: Seeking a Niche in International Arctic Relations

Nordicum-Mediterraneum ◽

10.33112/nm.11.1.3 ◽

2016 ◽

Vol 11 (1) ◽

Cited By ~ 1

Author(s):

Rachael Lorna Johnstone ◽

Federica Scarpa

Keyword(s):

International Cooperation ◽

Indigenous Peoples ◽

Oil And Gas ◽

Oil And Gas Industry ◽

Foreign Affairs ◽

The Arctic ◽

Arctic Council ◽

Intended Audience ◽

Gas Industry ◽

Little Italy

In December 2015, The Italian Ministry for Foreign Affairs and International Cooperation published Verso una strategia italiana per l‘artico (Towards an Italian Strategy for the Arctic). In this article, the authors explain and evaluate the document in light of Italy’s connections to and interests in the Arctic, the Kiruna rules for observers at the Arctic Council, and the Arctic policies of other observers. They conclude that the intended audience for Verso una strategia is the Arctic States. Therefore, the document emphasises relevant Italian scientific efforts and promotes Italy’s oil and gas industry while downplaying the rights of indigenous peoples and avoiding issues of controversy. Publication of the document as a work in progress indicates the ministry’s willingness to listen to feedback and adapt its approaches as it develops a more comprehensive and nuanced strategy.

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Тhe Russian Federation's Chairmanship at the Arctic Council

Contemporary Europe ◽

10.15211/soveurope520219099 ◽

2021 ◽

Vol 105 (5) ◽

pp. 90-99

Author(s):

Valery Zhuravel ◽

Keyword(s):

Environmental Protection ◽

International Cooperation ◽

Indigenous Peoples ◽

Action Plan ◽

The Arctic ◽

Arctic Council ◽

The North ◽

Social And Economic Development ◽

Social Fields ◽

Main Action

The article focuses on status, structure and organization of the Arctic Council (AC, Council). It is noted that the AC is an international, regional structure, which is designed to promote cooperation in the Arctic in the field of environmental protection and sustainable development of the circumpolar regions. In the activities of the countries chaired by the Arctic Council, special attention is paid to the continuity of the Arctic agenda. The importance of the Strategic Plan of the Arctic Council for 2021‒2030 adopted in 2021 for the further improvement of AC activities is highlighted. The central part of the study is devoted to Russia's approaches to international cooperation in the AC and an analysis of the content of the Programme of the Russian Federation's 2021 to 2023 Chairmanship of the Arctic Council. The aforementioned includes such priorities as the population of the Arctic and the indigenous small-numbered peoples of the North; environmental protection and climate change; social and economic development in the region; strengthening the Arctic Council. The study also deals with the Main Action Plan, which covers all the countries of the AC and areas of its activities. The article draws attention to the risks and threats that may arise during the period of the Russian Chairmanship. It is concluded that the urgent problems of this region can be solved only through balanced and mutually beneficial international cooperation in the economic and social fields, in the field of ecology, development of indigenous peoples, cooperation in scientific research, Arctic tourism, emergencies in the region.

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Environmental Protection in the Arctic and Antarctic: Can the Polar Regimes Learn From Each Other?

International Journal of Legal Information ◽

10.1017/s0731126500004923 ◽

2005 ◽

Vol 33 (2) ◽

pp. 204-218 ◽

Cited By ~ 13

Author(s):

Timo Koivurova

Keyword(s):

Indigenous Peoples ◽

Local Communities ◽

Climatic Conditions ◽

The Other ◽

The Arctic ◽

Arctic Council ◽

Growing Seasons ◽

Key Species ◽

Human Habitation ◽

The Antarctic

There has been increasing dissatisfaction with the way Arctic-wide cooperation under the Arctic Council operates. Scholars and nongovernmental organizations (NGOs) have taken up the idea of finding a new direction for the work of the Council by drawing on the experience of the other pole, the Antarctic, and its well-established structures of governance. At first sight, this may seem like a misdirected idea, given that the two poles show more differences than similarities: the Arctic consists of ocean surrounded by continents, whereas the Antarctic is a continent surrounded by ocean; the Antarctic has no permanent human habitation, while the Arctic is inhabited by indigenous peoples and other local communities. Yet, the two polar areas also resemble each other in many respects. Both have extreme climatic conditions, receiving less radiation from the sun than other parts of the globe, and the ecosystems have had to adapt to very cold and dark environments with short and light-filled growing seasons. In such conditions, the ecosystems are simple, containing only a few key species, and are thus more vulnerable to human-induced pollution than those of more temperate areas.

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

Polar Record ◽

10.1017/s0032247409008365 ◽

2009 ◽

Vol 46 (2) ◽

pp. 146-156 ◽

Cited By ~ 62

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.

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

Polar Record ◽

10.1017/s0032247406005080 ◽

2006 ◽

Vol 42 (2) ◽

pp. 101-109 ◽

Cited By ~ 35

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.

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