Transboundary Environmental Harm in the Arctic – In Search of Accountability for an Oil Spill
Recently, the Arctic has transformed from a peripheral region to an area of great interest, for instance in terms of oil drilling. Nonetheless, no legal instrument has addressed the matter of accountability for transfrontier oil pollution damage. This article accordingly evaluates whether the curren...
Published in: | The Yearbook of Polar Law Online |
---|---|
Main Author: | |
Format: | Article in Journal/Newspaper |
Language: | unknown |
Published: |
Brill
2019
|
Subjects: | |
Online Access: | http://dx.doi.org/10.1163/22116427_010010010 https://brill.com/view/journals/yplo/10/1/article-p187_10.xml https://brill.com/downloadpdf/journals/yplo/10/1/article-p187_10.xml |
id |
crbrillap:10.1163/22116427_010010010 |
---|---|
record_format |
openpolar |
spelling |
crbrillap:10.1163/22116427_010010010 2023-05-15T14:44:38+02:00 Transboundary Environmental Harm in the Arctic – In Search of Accountability for an Oil Spill Penttilä, Outi 2019 http://dx.doi.org/10.1163/22116427_010010010 https://brill.com/view/journals/yplo/10/1/article-p187_10.xml https://brill.com/downloadpdf/journals/yplo/10/1/article-p187_10.xml unknown Brill The Yearbook of Polar Law Online volume 10, issue 1, page 187-214 ISSN 1876-8814 2211-6427 journal-article 2019 crbrillap https://doi.org/10.1163/22116427_010010010 2022-12-11T12:46:50Z Recently, the Arctic has transformed from a peripheral region to an area of great interest, for instance in terms of oil drilling. Nonetheless, no legal instrument has addressed the matter of accountability for transfrontier oil pollution damage. This article accordingly evaluates whether the current legal constructs, meaning State responsibility, international liability, civil liability regimes, and multilateral environmental agreements, allow accountability to be established for transboundary environmental harm resulting from hydrocarbon exploitation in the Arctic. It also examines whether these constructions could serve as the basis for future legislative actions. This article treats these four constructions as layers of accountability. After examining all of the layers in their current formulation, this article asserts that the existing layers cannot establish accountability for transboundary environmental damage in the Arctic, nor do they as such offer an effective way to regulate accountability in the future. Therefore, the article concludes that the law of accountability necessitates a new approach, such as a non-compliance mechanism or hybrid system combining elements of multiple layers. Finally, the article calls for immediate legislative actions. Article in Journal/Newspaper Arctic Yearbook of Polar Law Brill (via Crossref) Arctic The Yearbook of Polar Law Online 10 1 187 214 |
institution |
Open Polar |
collection |
Brill (via Crossref) |
op_collection_id |
crbrillap |
language |
unknown |
description |
Recently, the Arctic has transformed from a peripheral region to an area of great interest, for instance in terms of oil drilling. Nonetheless, no legal instrument has addressed the matter of accountability for transfrontier oil pollution damage. This article accordingly evaluates whether the current legal constructs, meaning State responsibility, international liability, civil liability regimes, and multilateral environmental agreements, allow accountability to be established for transboundary environmental harm resulting from hydrocarbon exploitation in the Arctic. It also examines whether these constructions could serve as the basis for future legislative actions. This article treats these four constructions as layers of accountability. After examining all of the layers in their current formulation, this article asserts that the existing layers cannot establish accountability for transboundary environmental damage in the Arctic, nor do they as such offer an effective way to regulate accountability in the future. Therefore, the article concludes that the law of accountability necessitates a new approach, such as a non-compliance mechanism or hybrid system combining elements of multiple layers. Finally, the article calls for immediate legislative actions. |
format |
Article in Journal/Newspaper |
author |
Penttilä, Outi |
spellingShingle |
Penttilä, Outi Transboundary Environmental Harm in the Arctic – In Search of Accountability for an Oil Spill |
author_facet |
Penttilä, Outi |
author_sort |
Penttilä, Outi |
title |
Transboundary Environmental Harm in the Arctic – In Search of Accountability for an Oil Spill |
title_short |
Transboundary Environmental Harm in the Arctic – In Search of Accountability for an Oil Spill |
title_full |
Transboundary Environmental Harm in the Arctic – In Search of Accountability for an Oil Spill |
title_fullStr |
Transboundary Environmental Harm in the Arctic – In Search of Accountability for an Oil Spill |
title_full_unstemmed |
Transboundary Environmental Harm in the Arctic – In Search of Accountability for an Oil Spill |
title_sort |
transboundary environmental harm in the arctic – in search of accountability for an oil spill |
publisher |
Brill |
publishDate |
2019 |
url |
http://dx.doi.org/10.1163/22116427_010010010 https://brill.com/view/journals/yplo/10/1/article-p187_10.xml https://brill.com/downloadpdf/journals/yplo/10/1/article-p187_10.xml |
geographic |
Arctic |
geographic_facet |
Arctic |
genre |
Arctic Yearbook of Polar Law |
genre_facet |
Arctic Yearbook of Polar Law |
op_source |
The Yearbook of Polar Law Online volume 10, issue 1, page 187-214 ISSN 1876-8814 2211-6427 |
op_doi |
https://doi.org/10.1163/22116427_010010010 |
container_title |
The Yearbook of Polar Law Online |
container_volume |
10 |
container_issue |
1 |
container_start_page |
187 |
op_container_end_page |
214 |
_version_ |
1766316114702237696 |