Emerging Legal Orders in the Arctic

More than ever before the changing environmental and political landscape in the Arctic requires stability and foreseeability based on resilient common norms. The emerging legal orders in the Arctic cannot be legitimately created or effectively implemented unless all relevant actors are involved.

Informationen zum Autor Akiho Shibata is a Professor of International Law and Director, Polar Cooperation Research Centre (PCRC) at Kobe University, Japan. Leilei Zou is a Professor at Shanghai Ocean University, Shanghai, China. Nikolas P. Sellheim is a postdoctoral researcher at the Helsinki Institute of Sustainability Science (HELSUS), University of Helsinki, Finland. Marzia Scopelliti is a PhD candidate in Law at Complutense University, Madrid, Spain. Klappentext More than ever before the changing environmental and political landscape in the Arctic requires stability and foreseeability based on resilient common norms. The emerging legal orders in the Arctic cannot be legitimately created or effectively implemented unless all relevant actors are involved. Simultaneously, it must always be based on respect for the sovereign rights of the eight Arctic states in the region, as well as the tradition and cultural livelihood of the local communities. It is this delicate balance between Arctic and non-Arctic interests that is the core problématique for the emerging legal orders in the Arctic. Emerging Legal Orders in the Arctic critically examines the role of non-Arctic actors in this advancement of the shape and scope of the Arctic legal order. Discussing the admittance and participation of Observer states and organisations in the Arctic Council, including task force meetings where new treaties are negotiated, it details the issues and successes this can result in. Setting up the context of the current legal orders in the Arctic, the book discusses Asian, indigenous and European perspectives, amongst others. There is a strong focus on the groundbreaking fisheries agreement of November 2017 in the Central Arctic Ocean (CAO), and the impact on both Arctic and non-Arctic actors. Interests in marine living resources, scientific cooperation and the Arctic shipping regimes and governance are also thoroughly discussed from multiple perspectives. The book combines the expertise of academics and practitioners in the fields of international law and Arctic governance, uniquely focusing on Asian actors in the Arctic legal order-making. The resulting study is a fascinating insight into the interplay between non-Arctic actors and the Arctic legal order, and will be invaluable to academics in the field of Arctic and international law. Zusammenfassung More than ever before the changing environmental and political landscape in the Arctic requires stability and foreseeability based on resilient common norms. The emerging legal orders in the Arctic cannot be legitimately created or effectively implemented unless all relevant actors are involved. Inhaltsverzeichnis Contents Illustrations Contributors Acknowledgements Acronyms An Ocean in the Making: Non-Arctic Actors and the Emerging Arctic Legal Orders AKIHO SHIBATA, LEILEI ZOU, NIKOLAS SELLHEIM & MARZIA SCOPELLITI Part I Setting the Contexts 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 & BJARNI MAR MAGNUSSON Part II People(s) in the Arctic Our Homeland: Arctic Indigenous Peoples' Perspective of Non-Arctic States DALEE SAMBO DOROUGH Sustaining a Conservationist Agenda? NGO-Influence on Arctic Sealing, Whaling and Hydrocarbon Regimes MARZIA SCOPELLITI & NIKOLAS SELLHEIM Part III Arctic Marine Legal Order-making The Five-plus-five Process on Central Arctic Ocean Fisheries Negotiations: Reflecting Interests of Ar...

Inhalt

Contents

Illustrations

Contributors

Acknowledgements

Acronyms

1. An Ocean in the Making: Non-Arctic Actors and the Emerging Arctic Legal Orders
   AKIHO SHIBATA, LEILEI ZOU, NIKOLAS SELLHEIM & MARZIA SCOPELLITI **** Part I Setting the Contexts

2. The Current and Future Role of Non-Arctic States in Arctic Governance TIMO KOIVUROVA

3. The Rise of Asia and Arctic Legal Order-making: Political-Economic Settings AKI TONAMI

4. Japan's Role in Formation and Strengthening of Arctic Legal Orders KEIJI IDE

5. China's Arctic Policy White Paper and Its Influence on the Future of Arctic Legal Developments EGILL THOR NIELSSON & BJARNI MAR MAGNUSSON ****

   Part II People(s) in the Arctic

6. Our Homeland: Arctic Indigenous Peoples' Perspective of Non-Arctic States DALEE SAMBO DOROUGH

7. Sustaining a Conservationist Agenda? NGO-Influence on Arctic Sealing, Whaling and Hydrocarbon Regimes MARZIA SCOPELLITI & NIKOLAS SELLHEIM **** Part III Arctic Marine Legal Order-making

8. The Five-plus-five Process on Central Arctic Ocean Fisheries Negotiations: Reflecting Interests of Arctic and Non-Arctic Actors JOJI MORISHITA

9. Participation in the Central Arctic Ocean Fisheries Agreement ERIK MOLENAAR

10. The Role of Transnational Knowledge Networks and Epistemic Communities in Arctic Shipping Governance

RASMUS GJEDSSØ BERTELSEN

11. Russia's Legislative Development Pertaining to the Northern Sea Route and Its Interaction with Russian-Sino Arctic Cooperation

LEILEI ZOU

Part IV The Universality of Science and the Arctic Council

12. The Arctic Science Cooperation Agreement: A Perspective from Non-Arctic Actors

AKIHO SHIBATA

1. State Observers and Science Cooperation in the Arctic Council: Same Same But Different?
   SEBASTIAN KNECHT & JENNIFER SPENCE

2. China in the Arctic Council: Existing Problems and Prospective Solutions

YUANYUAN REN

Appendix

Agreement on Enhancing International Arctic Scientific Cooperation, signed by the eight Arctic states on 11 May 2017, entered into force on 23 May 2018

Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean, signed by Canada, the People's Republic of China, the Kingdom of Denmark in respect for the Faroe Islands and Greenland, Japan, the Republic of Korea, the Kingdom of Norway, the Russian Federation, the United States of America and the European Union on 3 October 2018

Index