Changing Paradigms in the Law of the Sea and the Marine Arctic

• Published in: The International Journal of Marine and Coastal Law
• Main Author: Tanaka, Yoshifumi
• Format: Article in Journal/Newspaper
• Language: unknown
• Published: Brill 2020
• Subjects: Law; Management, Monitoring, Policy and Law; General Environmental Science; Geography, Planning and Development; Oceanography; Arctic; Law of the Sea
• Online Access: http://dx.doi.org/10.1163/15718085-bja10012; https://brill.com/view/journals/estu/35/3/article-p439_2.xml; https://brill.com/downloadpdf/journals/estu/35/3/article-p439_2.xml

Abstract The existence of a sense of common or community interests is a prerequisite to establishing an order in a society, national or international. In this connection, it is notable that the protection of community interests is increasingly important in international law and the law of the sea is no exception. The increasing need for protecting community interests necessitates a new paradigm in the law of the sea. The legal issues regarding the marine Arctic should also be considered in the context of changing paradigms in the law of the sea. Thus this article seeks to overview principal issues of the international law governing the marine Arctic from the viewpoints of a dual paradigm, that is, the law of divided oceans (paradigm I ) and the law of our common ocean (paradigm II ).