{"title":"Preliminary Material","authors":"Editors The Yearbook of Polar Law Online","doi":"10.1163/22116427_01201001","DOIUrl":"https://doi.org/10.1163/22116427_01201001","url":null,"abstract":"","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122403551","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"New Russian Legislative Approaches and Navigational Rights within the Northern Sea Route","authors":"J. Solski","doi":"10.1163/22116427_012010015","DOIUrl":"https://doi.org/10.1163/22116427_012010015","url":null,"abstract":"The regulation of foreign navigation in the Northern Sea Route (NSR) has been dominated by the rules of international law applicable to merchant ships only. Neither the domestic set of rules of navigation on the NSR, based on Article 234 of UNCLOS nor the Polar Code applies to State-owned vessels. While the application of Article 234 has so far let Russia evade discussion on the navigational rights, one can expect an increasing spotlight on this issue.\u0000In response to the recent crossing of the NSR by a French warship, as well as the voices from the United States indicating similar plans, Russia has signalled the intention to adopt more stringent rules for passage of warships, potentially including the requirement of prior notification and pilotage.\u0000The aim of the paper is twofold. First, examine the navigational rights as applicable in the NSR. As such, the paper will discuss historical State practice and relevant international law to demonstrate, among other things, that the enclosure with straight baselines preserved innocent passage in all Russian Arctic straits. Second, examine the international legality of prior notification and pilotage in the context of the applicable navigational rights on the NSR.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"517 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134050698","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Long Grass at the North Pole","authors":"Andrew Serdy","doi":"10.1163/22116427_012010014","DOIUrl":"https://doi.org/10.1163/22116427_012010014","url":null,"abstract":"Though legally no more significant than any other point in the Arctic Ocean, into which State’s continental shelf the geographic North Pole will ultimately fall is politically charged for the three States involved – Canada, Denmark (Greenland) and Russia – that have submitted to the Commission on the Limits of the Continental Shelf outer limits within which the Pole falls. The 2014 Danish submission, for an area extending beyond the equidistance line with Canada, was in that sense paradoxically helpful to Canada, as Denmark, with the northernmost land territory, is by definition closest to the Pole, which must therefore lie on its side of any such line drawn between itself and any other State; thus Denmark gave cover to Canada which needed to take a similar approach to define its continental shelf entitlement as including the North Pole. Boundaries will eventually have to be delimited, but as it likely to be 20 years before the Commission examines the last of the submissions, the three States have ample pretext to postpone this step until then, a solution likely to suit them all.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131777359","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Challenges to Substantive Demilitarisation in the Antarctic Treaty Area","authors":"A. Hemmings","doi":"10.1163/22116427_012010012","DOIUrl":"https://doi.org/10.1163/22116427_012010012","url":null,"abstract":"The demilitarisation provisions of the 1959 Antarctic Treaty are limited and contingent. Critically, a functional gap is enabled within the key Article I, which both prohibits ‘measures of a military nature’ and sanctions the use of military personnel and equipment in pursuit of ‘peaceful purposes’. None of the key terms and concepts are defined. With increasing focus on and in the Antarctic Treaty Area on interstate competition around resource access and regime control, and in particular the rapidly increasing geopolitical struggle between ‘the West’ and China both globally and within the Antarctic, and the transformation of what military activity actually entails, the existing demilitarisation principles are now inadequate. The failure to update these in the 60 years since the Antarctic Treaty was adopted, the lack of confidence that the historic Antarctic Treaty model of regional governance can itself manage the struggle, and indications over recent years that some states are even increasing the level of military entanglement with their Antarctic programmes, suggest it is now timely to reassess and respond to the case for substantive demilitarisation in the Antarctic Treaty Area.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"2013 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128010469","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Déjà vu System of International Trusteeship in Continental Antarctica: A Textual Analysis","authors":"Xueping Li","doi":"10.1163/22116427_012010009","DOIUrl":"https://doi.org/10.1163/22116427_012010009","url":null,"abstract":"In the name of environmental protection, the Antarctic Treaty Consultative Meeting seems to have borrowed the paradigm of international trusteeship of the United Nations for managing the Antarctic land-based protected areas. By comparing and analysing the critical questions highly concerned, this paper offers preliminary thoughts on the development and refinement of the conception of land-based protected areas as a déjà vu system of international trusteeship and its surrounding legal applications and implications in continental Antarctica, and challenges the direction followed by this system in protecting Antarctic intrinsic values in legal discourse.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115063177","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
J. G. Aase, Henrik Hyndøy, A. Tveten, I. Johansen, Hege Imsen, Eirik Veum Wilhelmsen, T. D. Skorge, A. Halstensen, A. Ulven, Jon Magnus Haga
{"title":"The Polar Code and Telemedicine","authors":"J. G. Aase, Henrik Hyndøy, A. Tveten, I. Johansen, Hege Imsen, Eirik Veum Wilhelmsen, T. D. Skorge, A. Halstensen, A. Ulven, Jon Magnus Haga","doi":"10.1163/22116427_012010021","DOIUrl":"https://doi.org/10.1163/22116427_012010021","url":null,"abstract":"One result of a warmer global climate is increased maritime activity in the Arctic. Areas that used to be covered by ice and snow are now accessible for the scientific community and commercial users. The Norwegian government has chosen tourism as a pillar of the economy of Svalbard and facilitates the development of the tourism industry. Aase and Jabour have shown that tourist vessels sail as far north as 82° N, beyond the range of geostationary satellites. The Polar Code states that appropriate communication equipment to enable telemedical assistance in polar areas shall be provided. This paper describes a series of functional telemedicine tests carried out on board the Norwegian Coast Guard vessel NoCGV Svalbard during her transit between Svalbard and the Norwegian mainland in September 2019. Communication was established between the vessel and Haukeland University Hospital in Bergen, Norway, using the new Iridium NEXT constellation of communication satellites. Our tests show that medical services that require low bandwidths work.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114895012","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Blue Ice, Meteorites, Fossil Penguins and Rare Minerals: The Case for Enhanced Protection of Antarctica’s Unique Geoheritage – An International Legal Analysis","authors":"D. Leary","doi":"10.1163/22116427_012010004","DOIUrl":"https://doi.org/10.1163/22116427_012010004","url":null,"abstract":"Its isolation and extreme climate means Antarctica is one of the world’s richest regions for untouched geoheritage. The potential of mining in Antarctica is often talked of in public discourse as a future threat to Antarctica even though the prohibition on mining is absolute and is likely to stay so indefinitely. As such mining does not pose a realistic threat to Antarctica’s geoheritage. The impacts of scientific research and tourism pose more pressing challenges to Antarctica’s geoheritage. This paper considers emerging debates in the Antarctic Treaty System on the need for further protection of Antarctica’s geoheritage. After considering the concept of geoheritage the paper considers key threats to Antarctic geoheritage. The role of Antarctic Specially Protected Area system in the protection of Antarctica’s geoheritage is then considered as is the draft code of conduct on geosciences field research currently being developed within the Antarctic Treaty System. The final part of the paper then goes on to examine how the Antarctic Treaty system could in part draw on the experience of other international initiatives, including the frameworks associated with the UNESCO Global Geoparks movement in developing an Antarctic System for protection of geoheritage.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122859690","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Fundamental Principles of Polar Law","authors":"Ambassador Marie Jacobsson","doi":"10.1163/22116427_012010003","DOIUrl":"https://doi.org/10.1163/22116427_012010003","url":null,"abstract":"","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124929018","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Legal Implications of China’s Proposal for an Antarctic Specially Managed Area (ASMA) at Kunlun Station at Dome A","authors":"Sakiko Hataya","doi":"10.1163/22116427_012010007","DOIUrl":"https://doi.org/10.1163/22116427_012010007","url":null,"abstract":"Built in 2009, Kunlun Station, China’s third Antarctic research station, is located in the Dome A region. In 2013, during the 36th Antarctic Treaty Consultative Meeting (ATCM), China proposed the establishment of a new Antarctic Specially Managed Area (ASMA) within Dome A and prepared a draft management plan for it. Yet, several ATCM members questioned China’s motives for designating Dome A as a new ASMA, and, as a result, no consensus could be reached. Surprisingly however, the Chinese ASMA proposal spurred a new impulse to introduce guidelines for the designation of ASMAs. This paper explores the legal implications of China’s proposal for an ASMA at Kunlun Station in Dome A and, in particular, focuses on the new legal developments that followed.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115861419","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Finding the ‘Conservation’ in the Convention on the Conservation of Antarctic Marine Living Resources","authors":"L. Goldsworthy","doi":"10.1163/22116427_012010010","DOIUrl":"https://doi.org/10.1163/22116427_012010010","url":null,"abstract":"The Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR) was adopted in the 1980s amid concerns of a growth in unregulated fishing in the region. The Convention’s objective – ‘the conservation of Antarctic marine living resources’ – reflects the negotiators’ intention for CCAMLR’s responsibilities to extend beyond fisheries responsibilities to the conservation of all species and marine ecosystems in the Convention’s area. The intention of CCAMLR’s objective has generated significant debate throughout CCAMLR’s 39 years of operation, and there appears to be no common agreed understanding. A review of management measures adopted by the Commission is one method for considering how the Commission has approached delivering its objective. This paper reviews management measures in force from 1982 to 2019 and concludes that, while CCAMLR has made significant advances regarding the delivery of ecosystem-based and precautionary fisheries management, it has generated significantly fewer management measures that might stand independently of fisheries management or extend to species or habitats not directly impacted by fishing operations.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122096717","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}