Concepts of the Legal Status of the Arctic
Recently the Arctic has become a highly contested area between a number of countries. 2 Rising prices and increased trade flows in Eurasia and North America have made the North Passages a potentially attractive alternative to the established trade routes. Available research suggests that the Arctic...
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crbrillap:10.1163/18757413-00190013 2023-05-15T14:12:03+02:00 Concepts of the Legal Status of the Arctic Pushkareva, Elvira 2016 http://dx.doi.org/10.1163/18757413-00190013 https://brill.com/view/journals/mpyo/19/1/article-p363_13.xml https://brill.com/downloadpdf/journals/mpyo/19/1/article-p363_13.xml unknown Brill Max Planck Yearbook of United Nations Law Online volume 19, issue 1, page 363-385 ISSN 1389-4633 1875-7413 General Medicine General Medicine journal-article 2016 crbrillap https://doi.org/10.1163/18757413-00190013 2022-12-11T12:48:08Z Recently the Arctic has become a highly contested area between a number of countries. 2 Rising prices and increased trade flows in Eurasia and North America have made the North Passages a potentially attractive alternative to the established trade routes. Available research suggests that the Arctic contains huge deposits of natural gas, oil, minerals, fish and other resources. Besides, the Arctic is a polar region and its sensitive environment is of great value for the international community. The de facto Arctic Ocean regime is not fully based on the de jure norms of the law of the sea. Gaps in the international and regional agreements on shipping, scientific research, protection of the Arctic environment; the lack of comprehensive protection for this region compared to the equally remote, though uninhabited Antarctic region; the need to incorporate principles of sustainability and innovative features recognizing the nature of society and economy in the Arctic, all point to a need to update the existing Arctic legal regime. There is a need to establish a unified international regulation in the Arctic. This may entail either acknowledgement and enforcement of the existing law of the sea norms in the Arctic, or adoption of a separate comprehensive legal document on the Arctic Ocean. In this regard the problem of excessive generation of concepts on the legal status of the Arctic is worth mentioning. There have been five concepts so far: the historic title concept, the sector approach concept, the ice formations status concept, the concept of the Arctic States’ exceptional rights, and the concept of an international regime for the Arctic. All of them (except for the last one just recently proposed) are interrelated in a way, or have been established on the basis of each other. Article in Journal/Newspaper Antarc* Antarctic Arctic Arctic Ocean Law of the Sea Brill (via Crossref) Antarctic Arctic Arctic Ocean Max Planck Yearbook of United Nations Law Online 19 1 363 385 |
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General Medicine General Medicine |
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General Medicine General Medicine Pushkareva, Elvira Concepts of the Legal Status of the Arctic |
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General Medicine General Medicine |
description |
Recently the Arctic has become a highly contested area between a number of countries. 2 Rising prices and increased trade flows in Eurasia and North America have made the North Passages a potentially attractive alternative to the established trade routes. Available research suggests that the Arctic contains huge deposits of natural gas, oil, minerals, fish and other resources. Besides, the Arctic is a polar region and its sensitive environment is of great value for the international community. The de facto Arctic Ocean regime is not fully based on the de jure norms of the law of the sea. Gaps in the international and regional agreements on shipping, scientific research, protection of the Arctic environment; the lack of comprehensive protection for this region compared to the equally remote, though uninhabited Antarctic region; the need to incorporate principles of sustainability and innovative features recognizing the nature of society and economy in the Arctic, all point to a need to update the existing Arctic legal regime. There is a need to establish a unified international regulation in the Arctic. This may entail either acknowledgement and enforcement of the existing law of the sea norms in the Arctic, or adoption of a separate comprehensive legal document on the Arctic Ocean. In this regard the problem of excessive generation of concepts on the legal status of the Arctic is worth mentioning. There have been five concepts so far: the historic title concept, the sector approach concept, the ice formations status concept, the concept of the Arctic States’ exceptional rights, and the concept of an international regime for the Arctic. All of them (except for the last one just recently proposed) are interrelated in a way, or have been established on the basis of each other. |
format |
Article in Journal/Newspaper |
author |
Pushkareva, Elvira |
author_facet |
Pushkareva, Elvira |
author_sort |
Pushkareva, Elvira |
title |
Concepts of the Legal Status of the Arctic |
title_short |
Concepts of the Legal Status of the Arctic |
title_full |
Concepts of the Legal Status of the Arctic |
title_fullStr |
Concepts of the Legal Status of the Arctic |
title_full_unstemmed |
Concepts of the Legal Status of the Arctic |
title_sort |
concepts of the legal status of the arctic |
publisher |
Brill |
publishDate |
2016 |
url |
http://dx.doi.org/10.1163/18757413-00190013 https://brill.com/view/journals/mpyo/19/1/article-p363_13.xml https://brill.com/downloadpdf/journals/mpyo/19/1/article-p363_13.xml |
geographic |
Antarctic Arctic Arctic Ocean |
geographic_facet |
Antarctic Arctic Arctic Ocean |
genre |
Antarc* Antarctic Arctic Arctic Ocean Law of the Sea |
genre_facet |
Antarc* Antarctic Arctic Arctic Ocean Law of the Sea |
op_source |
Max Planck Yearbook of United Nations Law Online volume 19, issue 1, page 363-385 ISSN 1389-4633 1875-7413 |
op_doi |
https://doi.org/10.1163/18757413-00190013 |
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Max Planck Yearbook of United Nations Law Online |
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19 |
container_issue |
1 |
container_start_page |
363 |
op_container_end_page |
385 |
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1766284290325217280 |