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Her Majesty’s Ships Erebus and Terror and the Intersection of Legal Norms 女王陛下的船只,黑暗与恐怖以及法律规范的交集
The Northern Review Pub Date : 2020-03-09 DOI: 10.22584/nr50.2020.003
N. Bankes
{"title":"Her Majesty’s Ships Erebus and Terror and the Intersection of Legal Norms","authors":"N. Bankes","doi":"10.22584/nr50.2020.003","DOIUrl":"https://doi.org/10.22584/nr50.2020.003","url":null,"abstract":"This article examines three main bodies of law that apply to the discovery of Her Majesty’s Ships Erebus and Terror. These ships set sail from England in 1845, became trapped in ice in what is now the Canadian Arctic Archipelago, and were not re-discovered until 2014 and 2016. Public international law is relevant to the inquiry insofar as this body of law deals with immunity claims with respect to warships and state owned ships and property, and also establishes the rights of the coastal state with respect to the various maritime zones and activities within those zones. The UNESCO Convention of 2001 on the Protection of the Underwater Cultural Heritage is also relevant when considering the rights and obligations of states with respect to sunken vessels. In addition to the general body of public international law, the article also examines three bilateral agreements between the United Kingdom of Great Britain and Northern Ireland and Canada with respect to the wrecks. These agreements—part treaty, part private law arrangements—form a second specialized body of relevant law. The final part of the paper examines how the status of the vessels is also governed by the terms of the Nunavut Land Claims Agreement between Canada and the Inuit of Nunavut, the source of the third body of relevant laws.","PeriodicalId":308485,"journal":{"name":"The Northern Review","volume":"99 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116916522","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}
引用次数: 0
Review of Canada’s Indigenous Constitution (by John Borrows) 加拿大原住民宪法检讨(作者:约翰·布罗斯)
The Northern Review Pub Date : 2020-03-09 DOI: 10.22584/nr50.2020.016
S. Duke
{"title":"Review of Canada’s Indigenous Constitution (by John Borrows)","authors":"S. Duke","doi":"10.22584/nr50.2020.016","DOIUrl":"https://doi.org/10.22584/nr50.2020.016","url":null,"abstract":"Canada’s Indigenous Constitution. By John Borrows. University of Toronto Press, 2010. 416 pp.","PeriodicalId":308485,"journal":{"name":"The Northern Review","volume":"42 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132529058","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}
引用次数: 0
The Arctic Council and “Law-Making” 北极理事会与“立法”
The Northern Review Pub Date : 2020-03-09 DOI: 10.22584/nr50.2020.005
Natalia Loukacheva
{"title":"The Arctic Council and “Law-Making”","authors":"Natalia Loukacheva","doi":"10.22584/nr50.2020.005","DOIUrl":"https://doi.org/10.22584/nr50.2020.005","url":null,"abstract":"The Arctic Council (AC) is a high-level international intergovernmental forum founded by the Ottawa Declaration of 1996. Its eight member states are Canada, the Kingdom of Denmark (including Greenland and the Faroe Islands), Finland, Iceland, Norway, Russian Federation, Sweden, and the United States. Six organizations representing Arctic Indigenous peoples have “Permanent Participant” status. The AC is not an international organization based on a legally binding instrument, such as a treaty. It does not have the legal personality of an international organization under international law, which would enable it to develop legislation or conclude treaties with other subjects of international law. However, although the AC is not a legislative body it has been contributing to the development of international law as it relates to the Arctic. In particular, the Arctic Council was engaged in the development and negotiation of three legally binding agreements concluded by the eight Arctic states: the Agreement on Cooperation on Aeronautical and Maritime Search and Rescue in the Arctic (2011); the Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic (2013); and the Agreement on Enhancing International Arctic Scientific Cooperation (2017). By looking at the “law-making” activities of the AC and, specifically, the agreements concluded under its aegis, this article investigates how these agreements have shaped the nature and evolution of this forum. Then the article explores the potential for further legally binding agreements negotiated under the auspices of the Arctic Council.","PeriodicalId":308485,"journal":{"name":"The Northern Review","volume":"238 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124616933","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}
引用次数: 3
Inuit, namiipita? Climate Change Research and Policy: Beyond Canada’s Diversity and Equity Problem 因纽特人,namiipita ?气候变化研究与政策:超越加拿大的多样性与公平问题
The Northern Review Pub Date : 2020-02-20 DOI: 10.22584/nr49.2020.018
P. Pfeifer
{"title":"Inuit, namiipita? Climate Change Research and Policy: Beyond Canada’s Diversity and Equity Problem","authors":"P. Pfeifer","doi":"10.22584/nr49.2020.018","DOIUrl":"https://doi.org/10.22584/nr49.2020.018","url":null,"abstract":"As an Inuk, born and raised in Iqaluit and academically trained in southern Canada, I start my thoughts here with two notable questions that Mary Simon (2017), Minister Bennett’s Special Representative in the cross-sectoral engagement for the new Arctic Policy Framework, kept returning to:\"Why, in spite of substantive progress over the past 40 years, including remarkable achievements such as land claims agreements, Constitutional inclusion and precedent-setting court rulings, does the Arctic continue to exhibit among the worst national social indicators for basic wellness?\"Why, with all the hard-earned tools of empowerment, do many individuals and families not feel empowered and healthy?\"In the same line of inquiry, I ask: Inuit, namiipita? Why, in spite of so much research and policy focus on Arctic climate change, are we Inuit still consultants or fillers in an otherwise Western-driven enterprise to “monitor” climate developments in Inuit Nunangat? This is not to polarize North and South in the otherwise existential task we all have to tackle―climate change. Rather, I want to highlight that the story of climate change research and policy in Canada has so far been the familiar story of marginalization of Inuit in the national narrative; and that it is in Canada’s―indeed humanity’s―interests to have Inuit participate equally and with a sense of utmost urgency in the research and decision-making processes related to the Arctic. It goes beyond the diversity and equity rationale or the moral duty of reconciliation: we simply cannot afford to act differently. ........ continued","PeriodicalId":308485,"journal":{"name":"The Northern Review","volume":"401 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116697499","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}
引用次数: 2
EmPower the Yukon. Using Community Renewable Energy in the Transition to Energy Resilience: A Social Enterprise Approach 赋予育空地区权力。在能源弹性转型中使用社区可再生能源:一种社会企业方法
The Northern Review Pub Date : 2020-02-20 DOI: 10.22584/nr49.2020.016
K. Furlong
{"title":"EmPower the Yukon. Using Community Renewable Energy in the Transition to Energy Resilience: A Social Enterprise Approach","authors":"K. Furlong","doi":"10.22584/nr49.2020.016","DOIUrl":"https://doi.org/10.22584/nr49.2020.016","url":null,"abstract":"This article demonstrates how community renewable energy (RE) can lead the Yukon towards energy resilience. As shown in other areas of Canada and abroad, community RE delivery through social economy businesses can be a bridge between government programs and provision of renewable technologies to communities. Through identifying the opportunities and barriers in the Yukon, this study demonstrates that social enterprise delivery of community RE will create energy resilience in Yukon communities, while empowering their residents. From the themes of the role of the state, community connection, Yukon cultural influence, technical considerations, and social enterprise start-up, a framework emerged for social enterprise delivery of community RE in the Yukon. This implementation framework, entitled “EmPower the Yukon,” is comprised of factors important for success and includes starting small, harnessing the power of government, finding community champions, working with community development corporations, and leading with both the heart and mind. The research has shown that empowering Yukoners to become involved in the transition to energy resilience is the best way to ensure successful social enterprise delivery of renewable energy projects.","PeriodicalId":308485,"journal":{"name":"The Northern Review","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126418277","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}
引用次数: 0
Differentiation Policy and Access to Higher Education in Northern Ontario, Canada: An Analysis of Unintended Consequences 加拿大安大略省北部的差别化政策与高等教育机会:非预期后果分析
The Northern Review Pub Date : 2020-02-20 DOI: 10.22584/nr49.2020.017
Roger Pizarro Milian, Brad Seward, David Zarifa
{"title":"Differentiation Policy and Access to Higher Education in Northern Ontario, Canada: An Analysis of Unintended Consequences","authors":"Roger Pizarro Milian, Brad Seward, David Zarifa","doi":"10.22584/nr49.2020.017","DOIUrl":"https://doi.org/10.22584/nr49.2020.017","url":null,"abstract":"Differentiation policies have been implemented in Ontario higher education (HE) with the intent of manufacturing a more efficient and higher-quality system. Policy-makers have repeatedly touted their benefits, but the unintended consequences of differentiation policies remain neglected. Through this piece, we present a northern critique of differentiation policies grounded on the distance deterrence effects literature. We propose that differentiation policies threaten to exacerbate existing provincial north-south disparities in HE access, hampering human capital formation and economic development in northern communities. In addition, we specify some strategies to mitigate these detrimental effects and conclude by providing a conceptual framework through which to understand regional “blind spots” in differentiation policy.","PeriodicalId":308485,"journal":{"name":"The Northern Review","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132645058","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}
引用次数: 2
Editorial: Number 49 社论:第49号
The Northern Review Pub Date : 2020-02-20 DOI: 10.22584/nr49.2020.020
Kenneth Coates
{"title":"Editorial: Number 49","authors":"Kenneth Coates","doi":"10.22584/nr49.2020.020","DOIUrl":"https://doi.org/10.22584/nr49.2020.020","url":null,"abstract":"The Northern Review has always aspired to be a broad and inclusive academic journal, focusing on northern topics, contributions from northern residents, enthusiastically multidisciplinary, and open to new and provocative voices. Issue Number 49 continues in the well-established tradition.This issue focuses on two important themes: the development of the often neglected Provincial North in Canada, and the evolution of place-based sustainability research. The latter theme reminds us of the contemporary challenge of moving beyond the rhetoric of empowering northerm communities, to doing the hard work of transforming the passion for locally controlled sustainability into practical and effective action. The focus on the Provincial North in Canada, which has been an important analytical priority for the Northern Review for some time, draws attention to the divisions within the region. The Provincial North has ten times the population of the Territorial North, a more robust resource economy, and a wealthier population. It also has some of the poorest communities in Canada, serious infrastructure deficits, almost no political autonomy, and a great deal of control exercised by provincial governments. The Provincial North also attracts little attention from the Government of Canada. Number 49 also includes a fascinating set of general articles. The Northern Review celebrates the diversity of research and analysis that is an integral part of the “new North.” The papers in this section celebrate a variety of voices and perspectives, encouraging young scholars, non-academics, practitioners, and others to contribute their ideas. Equally, the journal continues to celebrate different ways of knowing and sharing ideas. One of the great strengths of the Northern Review is the breadth and range of the topics and ideas it presents. We invite readers to explore this issue with an open mind and a sense of intellectual curiosity. The North—territorial, provincial, and circumpolar—is an important and fascinating place. Enjoy your exploration and your encounter with the diverse and fast-growing intellectual traditions here.","PeriodicalId":308485,"journal":{"name":"The Northern Review","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133286155","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}
引用次数: 0
Indigenous Governance is an Adaptive Climate Change Strategy 土著治理是一项适应性气候变化战略
The Northern Review Pub Date : 2020-02-20 DOI: 10.22584/nr49.2020.019
S. Irlbacher-Fox, R. MacNeill
{"title":"Indigenous Governance is an Adaptive Climate Change Strategy","authors":"S. Irlbacher-Fox, R. MacNeill","doi":"10.22584/nr49.2020.019","DOIUrl":"https://doi.org/10.22584/nr49.2020.019","url":null,"abstract":"Since the 1960s, scientists have been aware that human activity has resulted in a warming climate. This reality has and will continue to result in changes to the way we live.The Arctic and Subarctic have held prominent places in discussions on climate change, in part because impacts here are so stark and clearly connected to the effects of changes in temperature. In popular discourse internationally, media narratives often focus on “charismatic megafauna”: polar bears starving, venturing into towns, disoriented, hungry, drowning.1 In Canada, Indigenous and ally activism on climate change make the link with food security, personal safety, and cultural survival, employing stories of Indigenous hunters no longer able to reliably read the signs of the land due to “strange weather.”2 Indigenous Peoples provide critical insights into how climate change results in immediate and important implications for humans.3 However, using Indigenous experiences as evidence for climate change is often where the conversation stops—it should instead be a starting point. The conversation needs to turn to how Indigenous Knowledge, cultures, and the ways of life grounding Indigenous decision-making authority are a viable, legitimate, sustainable, and adaptive climate change strategy. ...... continued","PeriodicalId":308485,"journal":{"name":"The Northern Review","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130535655","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}
引用次数: 3
Introduction: Place-Based Sustainability Research in the Provincial North 引言:基于地方的北方省区可持续发展研究
The Northern Review Pub Date : 2020-01-27 DOI: 10.22584/nr49.2019.014
R. Schiff, Charles Z. Levkoe, L. Galway
{"title":"Introduction: Place-Based Sustainability Research in the Provincial North","authors":"R. Schiff, Charles Z. Levkoe, L. Galway","doi":"10.22584/nr49.2019.014","DOIUrl":"https://doi.org/10.22584/nr49.2019.014","url":null,"abstract":"First published advance online January 27, 2020As one of the most sparsely populated countries in the world, Canada depends on widely dispersed rural and northern settlements to support the use and development of the country’s agricultural and natural resources that are at the heart of Canadian livelihoods and the economy (Hallstrom, Beckie, Hvenegaard, & Mundel, 2016; Markey, Breen, Gibson, Mealy, & Ryser, 2015; Hodge, Hall, & Robinson, 2017). The sustainability of these regional communities depends on a complex network of organizations dedicated to promoting the high standard of living for which Canada is recognized around the world (Hodge et al., 2017; Hall, Vodden, & Greenwood, 2016; Halseth & Ryser, 2016; Schiff, 2014). For example, a 2013 inventory of regional development organizations in Newfoundland and Labrador identified more than 1,000 organizations involved in development at the regional scale in that province (Vodden, Hall, & Freshwater, 2014). The future challenges of Canada’s regional centres are among the country’s key future challenges. To consider these issues, we hosted the workshop “Regional centres and the sustainability of Canada’s rural and northern landscapes” in May 2018 at Lakehead University (supported by funding from the Social Sciences and Humanities Research Council of Canada). Our aim was to explore the role of regional centres in Canada’s development as a nation and the role that they will play into the future. The workshop brought together researchers from regional centres across the country to focus on key challenges across the landscape of Canada’s Provincial Norths. Ken Coates, Canada Research Chair in Regional Innovation at the Johnson-Shoyama Graduate School of Public Policy at the University of Saskatchewan delivered a keynote presentation on regional policy in Canada. He discussed ways that regional centres can prepare for an uncertain future dominated by rapid technological change, mobile workforces, and the need for culturally appropriate social and health services. Over two days the participants met to share perspectives and establish connections. More specifically, by reflecting on the special role of regional centres and their place in addressing Canada’s future challenges, we hoped to lay the groundwork for research focused on supporting the emerging needs of regional centres, and the rural and remote communities that they support. By exchanging narratives, histories, and perspectives among cultures from across the country, we sought, from a national perspective, to anticipate the role that regional centres will play in Canada’s future. This special collection in the Northern Review is meant to provide a glimpse into some of the conversations and issues discussed over the course of the two-day workshop. While this collection could not include the full breadth of the issues faced in regional centres, it does provide a look at critical issues—developing and supporting resilient local and regional food s","PeriodicalId":308485,"journal":{"name":"The Northern Review","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114797037","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}
引用次数: 0
Research Relationships: Collaboration, Reflection, and Sustainability in a Northern Canadian Resource Town 研究关系:加拿大北部资源城镇的合作、反思和可持续性
The Northern Review Pub Date : 2020-01-27 DOI: 10.22584/nr49.2019.015
Marleny Bonnycastle, M. Simpkins
{"title":"Research Relationships: Collaboration, Reflection, and Sustainability in a Northern Canadian Resource Town","authors":"Marleny Bonnycastle, M. Simpkins","doi":"10.22584/nr49.2019.015","DOIUrl":"https://doi.org/10.22584/nr49.2019.015","url":null,"abstract":"First published advance online January 27, 2020The focus of this article is to share and reflect on our collaborative teaching, research, and community engagement experiences in the context of the Provincial North. We believe the university has a critical role to play in collaborative participatory research. This is particularly crucial when working in remote and northern communities in Canada that have been impacted by colonization and systemic issues such as racism and economic dependency on natural resource exploitation where prices fluctuate due to international demand. We describe our experiences and methods of teaching, learning, and community engagement through which students, faculty, and community members engaged in community based participatory research (CBPR). The focus of this work was on the inclusion of community voices in order to share local knowledge and make decisions about future development. In this article we first describe the geographical and socio-economic context of Northern Manitoba, Canada, and the City of Thompson. We then describe the methods used (appreciative inquiry, community cafe consultations, photovoice, participatory mapping) to include the voices of northern female students, as well as those experiencing homelessness, in order to be included in decisions about future initiatives and programs. We conclude with reflections on our experiences of the processes of using CBPR and on its potential contribution to sustainable development (Hall & Tandon, 2017), the importance of university-community engagement, and the contributions that can also potentially extend to communities across the Provincial North.","PeriodicalId":308485,"journal":{"name":"The Northern Review","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125986461","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}
引用次数: 0
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