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| 2. |
- Arguello, Gabriela, 1983
(författare)
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Opportunities for Protecting Biological Diversity in the Arctic Ocean
- 2022
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Ingår i: The Yearbook of Polar Law. - : Brill. - 1876-8814 .- 2211-6427. ; 13:1, s. 127-153
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Tidskriftsartikel (refereegranskat)abstract
- The paper analyses the opportunities to establish marine protected areas (MPAs) beyond national jurisdiction in the Arctic Ocean. For this, the author scrutinises the legal processes allowing UNCLOS to adapt to current and future ocean governance challenges concerning biological diversity and the limits of such adaptability. Some significant limitations are found in areas beyond national jurisdiction (ABNJ) in the Arctic Ocean. The low political commitment of Arctic States to cooperate in fora such the Arctic Council leaves the ABNJ of the Arctic Ocean in a very precarious situation. With extensive areas of the seabed potentially falling under national jurisdiction and the water column remaining as ‘high seas,’ there is a possibility that Arctic cooperation will be eroded.
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| 3. |
- Britcyna, Ekaterina, et al.
(författare)
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Extractive Industries and public participation in russia : The case of the oil industry in Izhemskii District, Komi Republic
- 2018
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Ingår i: The Yearbook of Polar Law. - : Brill Nijhoff. - 1876-8814 .- 2211-6427. ; 9:1, s. 131-163
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Tidskriftsartikel (refereegranskat)abstract
- This article focuses on the participatory rights of local people living in the areas of extensive oil industry operations in the Izhemskii district of the Komi Republic in Russia. The district has long been suffering from oil leaks and resulting negative environmental impacts. Lukoil-Komi bought the business directly after the Soviet era and inherited the ecological threats related to old and rusty pipelines. Lukoil-Komi has promised to put things in order, but a great deal remains to be done.This article scrutinizes how statutory law and private governance interact in protecting the participatory rights of local people living in the vicinity of oil production in Komi. First, we evaluate what participatory rights Russian legislation guarantees to local people when oil production arrives in a new area or when new wells are being explored or opened. Second, we elaborate how the major oil company in the region – Lukoil-Komi – fulfills its corporate social responsibility (CSR) in the area of participatory rights and how local people feel about their possibility to exercise their participatory rights. As participatory rights, we discuss both procedural justice with public hearings and distributive justice in the form of benefit-sharing between the company and local community. The wider perspective on participation is due to Russian CSR practices. In Russia, companies tend to earn their Social License to Operate (SLO) through benefit-sharing, often within private governance. This practice is based on the social partnership agreements between authorities and companies. These contracts have path-dependent features resembling earlier Soviet solutions. The same can be claimed to apply to a wider SLO with more focus on local communities. We argue that Lukoil-Komi has not yet been able to achieve an SLO (local acceptance) due to the lack of participatory rights and continuing environmental problems. Most local people are not willing to trade a clean environment and participatory rights for the social benefits the company offers. However, the social partnership agreement concluded between Lukoil-Komi and a local NGO, Izvatas, could be a step forward in achieving a local SLO.
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| 4. |
- Burman, Monica, Professor, 1962-, et al.
(författare)
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Women's human rights in the governance of the Arctic : gender equality and violence against indigenous women
- 2018
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Ingår i: The Yearbook of Polar Law. - : Brill | Nijhoff. - 1876-8814 .- 2211-6427. - 9789004342415 ; 9:1, s. 53-78
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Tidskriftsartikel (refereegranskat)abstract
- Previous studies show a lack of deference and activities when it comes to women's human rights and gender equality in the multi-level governance of the Arctic. According to the Committee on the Elimination of Discrimination against Women, women in the Arctic are vulnerable, in particular indigenous and rural women. Their rights are not upheld in the Arctic states for example when it comes to exposure to violence, equal participation in governing bodies, and economic self-support. The public governing bodies have almost no focus on gender equality at all, despite far-reaching international obligations and, for several of the states, national ambitious agendas for gender equality politics. International instruments with obligations to strive for gender equality, such as the CEDAW, the ILO Convention 169 and UNDRIP, are scarcely referred to and not sufficiently implemented by the public governance bodies. The aim of this article is to raise awareness of the obligations set up by human rights documents to promote women' rights in the governance of the Arctic, in order to put pressure on the states to develop strategies for a future gender equal governance. We have a special focus on the general lack of awareness within public governance, and on men's intimate partner violence against indigenous women.
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| 5. |
- Einarsson, Niels, 1962-
(författare)
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Fisheries Governance and Social Discourse in Post-Crisis Iceland : Responses to the UN Human Rights Committee’s Views in Case 1306/2004
- 2011
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Ingår i: The Yearbook of Polar Law. - Leiden-Boston : Brill. - 1876-8814 .- 2211-6427. ; 3
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Tidskriftsartikel (refereegranskat)abstract
- This paper deals with the social discourse on resource rights, fisheries policy and human rights in Iceland, especially in light of the 2007 United Nations Human Rights Committee view that the Icelandic fisheries management system is in violation of basic principles of human rights. The Committee’s ruling is discussed, together with the impacts on, and implications for, Icelandic fisheries policy and the discourse on resource rights and social justice it has evoked in Iceland. In this context, the relationship between fisheries management and the privatization of a former common property resource is discussed, in particular in the light of the 2008 economic and social meltdown in Iceland.
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| 6. |
- Rafaly, Vonintsoa, 1989
(författare)
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The Law of the Sea in the Age of Building an Appropriate Arctic Ocean Governance Addressing Climate Change Issues
- 2022
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Ingår i: The Yearbook of Polar Law. - 1876-8814. ; 13:1, s. 233-251
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Tidskriftsartikel (refereegranskat)abstract
- Polar regions stand out due to the presence of rare and sensitive ecosystems, their vulnerability to climate change and other environmental threats and their importance for Indigenous communities, at the regional level, and for humankind as a whole. The Arctic region, is experiencing unexpected issues as a result of climate change effects. The law of the sea, as a prerequisite for ocean governance, constitutes a solid foundation for establishing an appropriate governance in this region to tackle current and future climate change issues. Therefore, the practice of the law of the sea in the region will be explored and the consideration of Arctic region’s specificities on this practice will be analysed.
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| 7. |
- Svensson, Eva-Maria, 1958, et al.
(författare)
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The Pan-Arctic Report on Gender Equality in the Arctic: Moving Forward!
- 2023
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Ingår i: The Yearbook of Polar Law. - 1876-8814. ; 14:1, s. 205-223
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)abstract
- This article takes as its starting-point the Pan-Arctic report on Gender Equality in the Arctic (GEA report) and, in specific, the chapter on law and governance. Its aim is to provide an overview of the report’s chapter on law & governance. It provides a discus- sion on why gender equality is important in general and more specifically in the Arctic region, followed by a review of the chapter on law and governance and its findings through policy relevant highlights. The report demonstrated that Arctic governance does not prioritise gender equality and, more generally, that the goal of gender equal- ity is not fulfilled within the region. The chapter on law and governance highlights the need for shared gender equality commitments in Arctic public governing bodies and for a gender equality policy for the Arctic Council, including the application of an intersectional approach. Further, that Arctic States should collaborate to incorporate gender into the development of Arctic strategies. Finally, the report’s recommenda- tions, major areas of research interest and the next steps are discussed.
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| 8. |
- Zmyvalova, Ekaterina Andreyevna, 1991-
(författare)
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The place of indigenous languages in the Russian system of school education : a legal analysis
- 2019
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Ingår i: The Yearbook of Polar Law. - : Brill Academic Publishers. - 1876-8814 .- 2211-6427. ; 10:1, s. 75-101
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Tidskriftsartikel (refereegranskat)abstract
- There are 47 groups of indigenous peoples in Russia. Many languages of indigenous peoples are at the edge of extinction. From 1995 to 2010 the proportion of indigenous pupils among all indigenous peoples learning their mother tongue decreased by almost half. This article examines the legal regulation of the Russian system of school education and defines what place indigenous languages have in this system. The author comes to the conclusion that realising the right of indigenous children to learn their mother tongue in Russia is complicated by many factors of both legal and non-legal character.
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