Regulating the Whale Wars: Freedom of Protest, Navigational Safety and the Law of the Sea in the Polar Regions
In recent years, strong concerns have been raised over the increasing numbers of disorderly protests and aggressive activism at sea. Maritime protests raise difficult – and understudied – legal questions concerning the boundaries between the legitimate application of rights of freedom of speech and...
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crbrillap:10.1163/1876-8814_018 2023-06-06T11:47:15+02:00 Regulating the Whale Wars: Freedom of Protest, Navigational Safety and the Law of the Sea in the Polar Regions Caddell, Richard 2014 http://dx.doi.org/10.1163/1876-8814_018 https://brill.com/view/journals/yplo/6/1/article-p497_18.xml https://data.brill.com/files/journals/22116427_006_01_s018_text.pdf unknown Brill The Yearbook of Polar Law Online volume 6, issue 1, page 497-544 ISSN 1876-8814 2211-6427 journal-article 2014 crbrillap https://doi.org/10.1163/1876-8814_018 2023-04-14T13:48:42Z In recent years, strong concerns have been raised over the increasing numbers of disorderly protests and aggressive activism at sea. Maritime protests raise difficult – and understudied – legal questions concerning the boundaries between the legitimate application of rights of freedom of speech and assembly on the one hand, and the need to ensure safety of navigation on the other. This article examines the legal arguments in favour of maritime protest as well as national responses to it, in the context of two Polar case studies. Firstly, this article appraises the confrontational activism of the Sea Shepherd Conservation Society in its anti-whaling campaign in Antarctica, and the problematic application of anti-piracy legislation to more aggressive campaign groups. Secondly, this article examines the position in relation to oil platforms, as exemplified by the Prirazlomnaya dispute in the Arctic, as well as controversial developments in Antarctic jurisdictions. In so doing, this article argues that the protection accorded to direct action protests at sea is considerably more limited than many campaign groups might appreciate. Article in Journal/Newspaper Antarc* Antarctic Antarctica Arctic Law of the Sea Yearbook of Polar Law Brill (via Crossref) Arctic Antarctic The Yearbook of Polar Law Online 6 1 497 544 |
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Open Polar |
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Brill (via Crossref) |
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crbrillap |
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description |
In recent years, strong concerns have been raised over the increasing numbers of disorderly protests and aggressive activism at sea. Maritime protests raise difficult – and understudied – legal questions concerning the boundaries between the legitimate application of rights of freedom of speech and assembly on the one hand, and the need to ensure safety of navigation on the other. This article examines the legal arguments in favour of maritime protest as well as national responses to it, in the context of two Polar case studies. Firstly, this article appraises the confrontational activism of the Sea Shepherd Conservation Society in its anti-whaling campaign in Antarctica, and the problematic application of anti-piracy legislation to more aggressive campaign groups. Secondly, this article examines the position in relation to oil platforms, as exemplified by the Prirazlomnaya dispute in the Arctic, as well as controversial developments in Antarctic jurisdictions. In so doing, this article argues that the protection accorded to direct action protests at sea is considerably more limited than many campaign groups might appreciate. |
format |
Article in Journal/Newspaper |
author |
Caddell, Richard |
spellingShingle |
Caddell, Richard Regulating the Whale Wars: Freedom of Protest, Navigational Safety and the Law of the Sea in the Polar Regions |
author_facet |
Caddell, Richard |
author_sort |
Caddell, Richard |
title |
Regulating the Whale Wars: Freedom of Protest, Navigational Safety and the Law of the Sea in the Polar Regions |
title_short |
Regulating the Whale Wars: Freedom of Protest, Navigational Safety and the Law of the Sea in the Polar Regions |
title_full |
Regulating the Whale Wars: Freedom of Protest, Navigational Safety and the Law of the Sea in the Polar Regions |
title_fullStr |
Regulating the Whale Wars: Freedom of Protest, Navigational Safety and the Law of the Sea in the Polar Regions |
title_full_unstemmed |
Regulating the Whale Wars: Freedom of Protest, Navigational Safety and the Law of the Sea in the Polar Regions |
title_sort |
regulating the whale wars: freedom of protest, navigational safety and the law of the sea in the polar regions |
publisher |
Brill |
publishDate |
2014 |
url |
http://dx.doi.org/10.1163/1876-8814_018 https://brill.com/view/journals/yplo/6/1/article-p497_18.xml https://data.brill.com/files/journals/22116427_006_01_s018_text.pdf |
geographic |
Arctic Antarctic |
geographic_facet |
Arctic Antarctic |
genre |
Antarc* Antarctic Antarctica Arctic Law of the Sea Yearbook of Polar Law |
genre_facet |
Antarc* Antarctic Antarctica Arctic Law of the Sea Yearbook of Polar Law |
op_source |
The Yearbook of Polar Law Online volume 6, issue 1, page 497-544 ISSN 1876-8814 2211-6427 |
op_doi |
https://doi.org/10.1163/1876-8814_018 |
container_title |
The Yearbook of Polar Law Online |
container_volume |
6 |
container_issue |
1 |
container_start_page |
497 |
op_container_end_page |
544 |
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1767952659085524992 |