Japan and 100 Years of Antarctic Legal Order: Any Lessons for the Arctic?
This paper examines whether core foundational principles can be distilled from the 100 years of history of the legal order-making in the polar regions. Despite differences in geo-physical, socio-historical, and legal circumstances conditioning the Antarctic and the Arctic regions, the examination of...
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crbrillap:10.1163/2211-6427_002 2023-05-15T14:08:59+02:00 Japan and 100 Years of Antarctic Legal Order: Any Lessons for the Arctic? Shibata, Akiho 2015 http://dx.doi.org/10.1163/2211-6427_002 https://brill.com/view/journals/yplo/7/1/article-p1_2.xml https://data.brill.com/files/journals/22116427_007_01_s002_text.pdf unknown Brill The Yearbook of Polar Law Online volume 7, issue 1, page 1-54 ISSN 1876-8814 2211-6427 journal-article 2015 crbrillap https://doi.org/10.1163/2211-6427_002 2022-12-11T12:48:30Z This paper examines whether core foundational principles can be distilled from the 100 years of history of the legal order-making in the polar regions. Despite differences in geo-physical, socio-historical, and legal circumstances conditioning the Antarctic and the Arctic regions, the examination of the processes of legal order-making in both polar regions demonstrates that there are some foundational principles being assessed and applied in designing their respective legal regimes. The identification of those core foundational principles would not necessarily lead to similar end products, nor would such examination necessarily advocate, for example, an Arctic Treaty System. This paper, instead, submits that between the Antarctic and the Arctic there are mutual learning processes already discernible at the foundational level of process legitimacy in international legal order-making. This examination also provides a broader framework to assess the existing literature that sees certain interactions between the two regimes at the level of substantive principles and rules. Article in Journal/Newspaper Antarc* Antarctic Arctic Yearbook of Polar Law Brill (via Crossref) Arctic Antarctic The Antarctic The Yearbook of Polar Law Online 7 1 1 54 |
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This paper examines whether core foundational principles can be distilled from the 100 years of history of the legal order-making in the polar regions. Despite differences in geo-physical, socio-historical, and legal circumstances conditioning the Antarctic and the Arctic regions, the examination of the processes of legal order-making in both polar regions demonstrates that there are some foundational principles being assessed and applied in designing their respective legal regimes. The identification of those core foundational principles would not necessarily lead to similar end products, nor would such examination necessarily advocate, for example, an Arctic Treaty System. This paper, instead, submits that between the Antarctic and the Arctic there are mutual learning processes already discernible at the foundational level of process legitimacy in international legal order-making. This examination also provides a broader framework to assess the existing literature that sees certain interactions between the two regimes at the level of substantive principles and rules. |
format |
Article in Journal/Newspaper |
author |
Shibata, Akiho |
spellingShingle |
Shibata, Akiho Japan and 100 Years of Antarctic Legal Order: Any Lessons for the Arctic? |
author_facet |
Shibata, Akiho |
author_sort |
Shibata, Akiho |
title |
Japan and 100 Years of Antarctic Legal Order: Any Lessons for the Arctic? |
title_short |
Japan and 100 Years of Antarctic Legal Order: Any Lessons for the Arctic? |
title_full |
Japan and 100 Years of Antarctic Legal Order: Any Lessons for the Arctic? |
title_fullStr |
Japan and 100 Years of Antarctic Legal Order: Any Lessons for the Arctic? |
title_full_unstemmed |
Japan and 100 Years of Antarctic Legal Order: Any Lessons for the Arctic? |
title_sort |
japan and 100 years of antarctic legal order: any lessons for the arctic? |
publisher |
Brill |
publishDate |
2015 |
url |
http://dx.doi.org/10.1163/2211-6427_002 https://brill.com/view/journals/yplo/7/1/article-p1_2.xml https://data.brill.com/files/journals/22116427_007_01_s002_text.pdf |
geographic |
Arctic Antarctic The Antarctic |
geographic_facet |
Arctic Antarctic The Antarctic |
genre |
Antarc* Antarctic Arctic Yearbook of Polar Law |
genre_facet |
Antarc* Antarctic Arctic Yearbook of Polar Law |
op_source |
The Yearbook of Polar Law Online volume 7, issue 1, page 1-54 ISSN 1876-8814 2211-6427 |
op_doi |
https://doi.org/10.1163/2211-6427_002 |
container_title |
The Yearbook of Polar Law Online |
container_volume |
7 |
container_issue |
1 |
container_start_page |
1 |
op_container_end_page |
54 |
_version_ |
1766281044551532544 |