Prevalence of Soft Law in the Arctic

• Published in: The Yearbook of Polar Law Online
• Main Author: Nadarajah, Hema
• Format: Article in Journal/Newspaper
• Language: unknown
• Published: Brill 2020
• Subjects: Arctic; Yearbook of Polar Law
• Online Access: http://dx.doi.org/10.1163/22116427_012010018; https://brill.com/view/journals/yplo/12/1/article-p285_18.xml; https://brill.com/downloadpdf/journals/yplo/12/1/article-p285_18.xml

Soft law has been observed to be increasing within the frontiers – regions and issue-areas that extend beyond national jurisdiction, and where governance substantively integrates scientific and technological knowledge. The often-used assumption for the prevalence of such instruments has been the uncertainty of scientific knowledge. This paper takes this facile analysis further by examining the dynamic changes to the number and diversity of state and non-state actors as well as their relative influence. Using a revised definition of soft law which encompasses both binding and non-binding forms, this article shows that this has not been the case. Through analysis of the legal framework within which the region is governed and a mixed methodology drawing from the fields of international relations and international law, this research confirms that soft law is prevalent within the Arctic and that it is an outcome of domestic politics, as well as geopolitical tensions among the relevant states.