Analysing the most important concepts and problems of the philosophy of polar law, this book focuses on the legal regimes relating to both the Arctic and Antarctic. The book addresses the most fundamental concepts and problems of polar law, looking beyond the apparent biophysical similarities and differences of the two polar regions, to tackle the distinctive legal problems relating to each polar region. It examines key legal–philosophical areas of the philosophy of law around legal interpretation; the role of nation states, reflected in concepts of territorial sovereignty – whether recognised or merely asserted, the exercise of jurisdiction, and the philosophical justifications for such claims; as well as indigenous rights, land rights, civil commons and issues of justice. The book will be of interest to students and scholars of polar law, land law, heritage law, international relations in the polar regions and the wider polar social sciences and humanities.

This timely Research Handbook explores the concept of polar law as a coherent body of law and as a set of rules and principles that applies to both the Arctic and Antarctic. It captures the evolution of polar law and policy, identifying future directions for research in this emerging and growing field.

The Arctic, long described as the world’s last frontier, is quickly becoming our first frontier—the front line in a world of more diffuse power, sharper geopolitical competition, and deepening interdependencies between people and nature. A space of often-bitter cold, the Arctic is the fastest-warming place on earth. It is humanity’s canary in the coal mine—an early warning sign of the world’s climate crisis. The Arctic “regime” has pioneered many innovative means of governance among often-contentious state and non-state actors. Instead of being the “last white dot on the map,” the Arctic is where the contours of our rapidly evolving world may first be glimpsed. In this book, scholars and practitioners—from Anchorage to Moscow, from Nuuk to Hong Kong—explore the huge political, legal, social, economic, geostrategic and environmental challenges confronting the Arctic regime, and what this means for the future of world order.

Focusing on how to improve the participation of non-governmental actors in the making of international climate change laws, this book is a conversation on the relevance of a human rights-based approach to international climate change law-making. The book considers a possible reform of the United Nations Framework Convention on Climate Change institutional arrangement, inspired by the practice and model of participation of Arctic Indigenous Peoples in the Arctic Council. Different non-State entities play a fundamental role in the development and enforcement of the climate change regime by enhancing the knowledge base of decision-making, keeping States in line with their commitments, and engaging in private initiatives aimed at mitigating the impacts of global warming. Albeit non-governmental and subnational actors increasingly work alongside States in the making of a climate change regime, the category of observers through which they participate in intergovernmental negotiations only gives them limited rights and their participation in international norm-making has at times been impaired. The relevance of a human rights-based approach consists in recognising the status of individuals and groups as rights-holders under human rights law, a paradigm that was first established by Arctic Indigenous Peoples when claiming their participatory rights in the Arctic Council, the main forum of governance of the Arctic region. This book argues that, in the absence of a globally binding treaty regulating procedural rights in intergovernmental negotiations, the emerging relationship between human rights and climate change could serve as a legal basis for the enhancement of non-governmental actors’ procedural rights, establishing the right to participation as a right in itself and which can benefit the governance of climate change. Due to the relevance of the addressed subject, the book is destined to a broad readership and will be of use to academic researchers, law practitioners, policy-makers and non-governmental organisations’ representatives.

This handbook brings together the expertise of Indigenous and non-Indigenous scholars to offer a comprehensive overview of issues surrounding the well-being, self-determination and sustainability of Indigenous peoples in the Arctic. Offering multidisciplinary insights from leading figures, this handbook highlights Indigenous challenges, approaches and solutions to pressing issues in Arctic regions, such as a warming climate and the loss of biodiversity. It furthers our understanding of the Arctic experience by analyzing how people not only survive but thrive in the planet’s harshest climate through their innovation, ingenuity and agency to tackle rapidly changing environments and evolving political, social, economic and cultural conditions. The book is structured into three distinct parts that cover key topics in recent and future research with Indigenous Peoples in the Arctic. The first part examines the diversity of Indigenous peoples and their cultural expressions in the different Arctic states. It also focuses on the well-being of Indigenous peoples in the Arctic regions. The second part relates to the identities and livelihoods that Indigenous peoples in Arctic regions derive from the resources in their environments. This interconnection between resources and people’s identities underscores their entitlements to use their lands and resources. The third and final part provides insights into the political involvement of Indigenous peoples from local all the way to the international level and their right to self-determination and some of the recent related topics in this field. This book offers a novel contribution to Arctic studies, empowering Indigenous research for the future and rebuilding the image of Indigenous peoples as proactive participants, signaling their pivotal role in the co-production of knowledge. It will appeal to scholars and students of law, political sciences, geography, anthropology, Arctic studies and environmental studies, as well as policy-makers and professionals.

Emerging Pathogens at the Poles: Disease and International Trade Law explores the applicability and possible complicating issues of the SPS Protocol to the Polar Regions in light of emerging pathogeneses and unknown host and environmental susceptibility and resilience. It examines the current literature on emerging pathogeneses in the Arctic and Antarctic and the relationship pathogeneses has with human development and movement of goods and people in spreading pathogens in the Polar Regions. Given the endemic nature of the Polar environment and the increasing interest in these regions for tourism and industry, this topic is important to address. The major component of the work is on the relevance of the SPS Protocol and the GATT 1994 Article XX(b) exception on human, animal and plant health as a barrier to trade which is examined in the context of its application to the Arctic and Antarctic. This book is an introduction to the interdisciplinary thinking required, across both science and law, in order to appreciate the significance of global trade barriers in reducing disease transmission and spread. The spread of pathogens across boundaries has become an important geopolitical issue and the provisions of international trade law may prove decisive in limiting or exacerbating the spread of disease. Academics and students with initial knowledge of the international trade regime, or those with initial studies in health or Polar medicine, will find this cross-over a useful introduction to the complications of food, trade and disease.

This book explores how the concept of colonialism can help to understand the past and present of Antarctica, and how Antarctica may illuminate the limits of colonialism as an analytic concept. Despite lacking an indigenous population, the continent has been shaped by many of the same political and economic forces that have defined the rest of the world – notwithstanding its unique governance arrangement, the Antarctic Treaty System. The book provides a fresh and timely set of contributions that critically explore different practices, attitudes and logics that suggest that colonialism may have been and may still be present in Antarctica, ranging from religion to material culture to the treatment of animals. The chapters also explore the connection between colonialism and cognate terms like capitalism, socialism, nationalism, and environmentalism.

The publication of environmental degradation statistics worldwide and the announcement of scientific assessments of the process of its destruction have attracted everyone's attention to the environment. On the world stage, international environmental laws and regulations must be formulated to protect the environment and humanity from further harm. This book provides selective coverage of environmental and energy law within the European Union (EU) and the United Kingdom as well as internationally. It is crucial to examine environmental and energy law from a wide range of perspectives and approaches to gain insight into how the law is designed to tackle particular environmental problems arising in both professional and theoretical settings. Pragmatic Legal and Policy Implications of Environmental Lawmaking bridges the knowledge gap between legal developments designed to achieve environmental and/or energy objectives (for example, pollution control and conservation) on the one hand and the practical, scientific, and technical considerations applicable to the same environmental problems on the other. By adopting a multi-disciplinary approach to environmental and energy law, the book embraces all readerships and goes a step further to address the often-difficult problem of improving communication between scientists and engineers and law and policymakers. Covering topics such as environmental degradation, energy law, and international trade legislation, the book will be useful to law students and professionals working in the fields of environmental and/or energy law, engineering and (geo)science students and professionals, as well as others working in various other disciplines.

Polar law describes the normative frameworks that govern the relationships between humans, States, Peoples, institutions, land and resources in the Arctic and the Antarctic. These two regions are superficially similar in terms of natural environmental conditions but the overarching frameworks that apply are fundamentally different. The Routledge Handbook of Polar Law explores the legal orders in the Arctic and Antarctic in a comparative perspective, identifying similarities as well as differences. It points to a distinct discipline of "Polar law" as the body of rules governing actors, spaces and institutions at the Poles. Four main features define the collection: the Arctic-Antarctic interface; the interaction between global, regional and domestic legal regimes; the rights of Indigenous Peoples; and the increasing importance of private law. While these broad themes have been addressed to varying extents elsewhere, the editors believe that this Handbook brings them together to create a comprehensive (if never exhaustive) account of what constitutes Polar law today. Leading scholars in public international and private law as well as experts in related fields come together to offer unique insights into polar law as a burgeoning discipline.

The book explores a variety of problems connected to philosophy and philosophy of law. It discusses the problem of monism-pluralism in philosophy and philosophy of law, criticizes philosophy of post-positivism and postmodernism, and investigates dialectics as a universal global methodological basis of scientific cognition and philosophy of law. The volume also pays particular attention to contemporary legal education, offering potential solutions to problems in this field. The book is the result of a range of sociological studies conducted both in Russia and abroad concerning the legal process and legal consciousness.