The Routledge Handbook of Polar Law

Description

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. Cover Half Title Series Title Copyright Contents List of Illustrations List of Acronyms and Abbreviations List of Contributors Acknowledgements 1 Polar Law as a Burgeoning Discipline Part I International Legal Order in the Polar Regions Section A Legal Regimes Governing the Polar Regions 2 Polar Legal System 3 Territorial Claims to Antarctica 4 Challenges Relating to Baselines in Polar Regions 5 Maritime Boundary Delimitation in the Polar Regions 6 The Jurisdiction of Coastal States in Ice-Covered Waters 7 Navigational Rights and Freedoms in Polar Regions 8 Scientific Research in the Polar Regions 9 The Changing Maritime Security Landscape in the Polar Regions 10 Dispute Settlement and the Polar Regions Section B Environmental Protection of the Polar Regions 11 Two Models on Environmental Protection of the Polar Regions 12 Environmental Impact Assessment in the Polar Regions 13 Climate Change and the Polar Regions 14 Protection of Biological Diversity in the Polar Regions by Marine Protected Areas 15 Wilderness Protection in the Polar Regions Section C Polar Resource Management 16 Regulation of Fisheries in the Polar Regions 17 Marine Mammals in the Polar Regions 18 International Regulation of Mineral Resources Activities in the Polar Regions Part II Regional Issue of International Institutions and Actors Section A Institutional Approach to the Polar Governance 19 The IMO and Outstanding Maritime Safety and Environmental Issues under the Polar Code 20 The International Seabed Authority and the Polar Regions 21 The Arctic Council and Its "Legislative" Activities 22 The Antarctic Treaty Consultative Meetings as a Forum of Law-Making Section B Rights of Indigenous Peoples 23 Colonisation at the Poles, Incomplete Decolonisation and the Creation of Indigenous Peoples 24 Indigenous Rights and Human Rights 25 The Girjas Saami Case: Indigenous Peoples' Right to Dispose Freely of Natural Resources 26 Natural Resource Development in the Arctic and the Question of Saami Land Rights in Finland Section C Special Issues 27 The Evolving Constitution of Greenland 28 Svalbard 29 Japan and the Polar Regions 30 China and the Polar Regions Part III Private Governance in the Polar Legal System Section A Natural Resources 31 Mineral Exploitation Licences in Greenland: The Modification Issue 32 Sustainable Development in Contract Law: Greenland Impact Benefit Agreements (IBAs) 33 Meaningful Stakeholder Consultation and Social Impact Assessment 34 Corporate Governance and Alaska Native Corporations 35 Mutually Agreed Terms, Arctic Genetic Resources and Private International Law 36 China's Investment Treaties with the Arctic States: Time for Revision? Section B Shipping in the Polar Regions 37 Charterparty Contracts and Clauses for Arctic Shipping 38 Oil Pollution Liability for Polar Shipping 39 Polar Cruise Ship Tourism and Liability for Injuries of Passengers and Workers – Are They in the Same Boat? 40 Shipping, Insurance and the Polar Code Index