Research Handbook on Polar Law最新文献

Research Handbook on Polar Law Pub Date : 2020-12-08 DOI: 10.4337/9781788119597.00008

K. Scott, D. VanderZwaag

{"title":"Introduction to Polar Law","authors":"K. Scott, D. VanderZwaag","doi":"10.4337/9781788119597.00008","DOIUrl":"https://doi.org/10.4337/9781788119597.00008","url":null,"abstract":"This Chapter sets the course for navigating the following 21 chapters authored by leading researchers in the field of Polar Law. The contributors to this volume seek to capture the status and future directions for research relating to the many components of law and policy relating to the Antarctic and Arctic regions. Those components include the array of regional agreements and arrangements of application to the Poles; the management of specific human Polar activities (fishing, shipping, tourism, bioprospecting and non-living resource exploitation); the promotion of scientific cooperation; the resolution of competing jurisdictional claims and ocean boundary disputes; the recognition of Indigenous and human rights; the prevention and control of pollution; the conservation of marine mammals; the establishment of marine protected area networks; and the commitments to mitigate and adapt to climate change and ocean acidification. This introductory Chapter identifies the key questions that frame the fast-changing arena of Polar Law and which set the tone and parameters of this Research Handbook. The most fundamental question is ‘what is “Polar Law”’? In attempting to answer this question, we engage with the issue of how to define and describe the Poles before going on to articulate two possible definitions of Polar Law. In developing the first definition, we ask whether we can readily and clearly identify a set of rules and principles that apply to the Polar regions. In articulating a second, more challenging definition, we ask whether it is possible to identify a body of rules and principles that apply coherently across both Poles based on common values. Given the acknowledged challenges of this exercise, we go on to briefly ask whether we need Polar—rather than Arctic and Antarctic—law and draw some preliminary conclusions as to the benefits of a Polar rather than a bipolar approach. Finally, we examine a selection of the challenges to Polar Law, a theme which is taken up in detail by all authors in this Research Handbook across the various areas identified above.","PeriodicalId":413266,"journal":{"name":"Research Handbook on Polar Law","volume":"151 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115989399","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}