Geographical and Environmental Impacts of Climate Change in the Arctic Legal Regime: Towards a Comprehensive Legal Order for Balancing Environmental Governance and International Trade & Commerce Interests

The thesis aims at supplementing a critique of the existing international instruments, regional responses and national legislation of the Arctic related to marine environmental protection. With this aim in view, the thesis satisfies its objective by proposing a Bipartite “Arctic Council” acting as a...

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Bibliographic Details
Main Author: Matin, Tafsir
Format: Other/Unknown Material
Language:English
Published: Lunds universitet/Juridiska institutionen 2012
Subjects:
Online Access:http://lup.lub.lu.se/student-papers/record/2607590
Description
Summary:The thesis aims at supplementing a critique of the existing international instruments, regional responses and national legislation of the Arctic related to marine environmental protection. With this aim in view, the thesis satisfies its objective by proposing a Bipartite “Arctic Council” acting as a conglomeration of the Arctic States and the Flag States with a hybrid “Arctic treaty”, which is an interplay of international and regional response. The “Arctic Council”, apparently, has been highlighted and envisioned as a platform which can provide a significant solution, if modified accurately, to balance sustainable development (marine environment) and international navigation (trade and commerce) in the event of rapid climate change. In an endeavor to examine the pertinent environmental legal regime of the Arctic, it seemed important to delve into the maritime boundary delimitation issues which involve three major Arctic States. These issues which subsist in two significant Arctic sea routes have a subtle connection with the subject of marine protection, which is revealed after a detailed analysis of the geographical issues. While the landscapes are shaping up as a result of global warming, certain Arctic States have risen to the occasion to extend their maritime boundaries in the offshore areas. They have not only resorted to contradicting theories to establish sovereign claims, but also adopted extreme standards and implemented them in national legislation. “Conflict of law” which in turn distorts the international legal regime, is evident from the comparative study between two significant Arctic national legislation. More significantly, this distortion leaves a question on the face of Arctic marine protection. Investigations lead to the fact that the boundary issues have distracted the Arctic States from promulgating a parallel system to safeguard the pristine environment and have left the entire Arctic environmental protection regime in disarray. Inevitable as it is, climate change will accelerate ...