Protection and Preservation of the Arctic Marine Environment
Unique geographical and physical specificities characterize the Arctic as an extreme and fragile marine environment. Arctic specificities differ from those of any other environment in relation to which most general principles of international law have developed. International law is usually related...
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ftunivpisairis:oai:arpi.unipi.it:11568/991402 2024-01-14T10:03:29+01:00 Protection and Preservation of the Arctic Marine Environment Cinelli C Cinelli, C 2015 STAMPA http://hdl.handle.net/11568/991402 https://brill.com/view/title/32692 eng eng volume:24 firstpage:159 lastpage:189 numberofpages:30 journal:ITALIAN YEARBOOK OF INTERNATIONAL LAW http://hdl.handle.net/11568/991402 https://brill.com/view/title/32692 info:eu-repo/semantics/restrictedAccess Arctic Ocean Law of the sea Marine Environmental Protection info:eu-repo/semantics/article 2015 ftunivpisairis 2023-12-20T17:49:33Z Unique geographical and physical specificities characterize the Arctic as an extreme and fragile marine environment. Arctic specificities differ from those of any other environment in relation to which most general principles of international law have developed. International law is usually related to the regulation of the physical environment including the distinct issues of soil, water and the atmosphere rather than a combination of these components, as is the case in the ice-covered marine areas such as those composing most of the Arctic Ocean. From both his- torical and contemporary perspectives, the ‘Arctic question’ has typically been: does the presence of ice change the legal status of the Arctic Ocean? The answer is decidedly no. The so-called Arctic exception, relating to Article 234 UNCLOS, is clearly the exception that proves the rule. This study focuses on how both the sovereignty-based approach and the general interest approach each address the dynamic evolution of Arctic marine environmental challenges in line with UNCLOS, the “Constitution for the Oceans”. This, however, does not preclude the special conditions of the Arctic environment being factored in when Arctic and non-Arctic entities seek feasible ad hoc solutions for cooperation on common interests and concerns. Article in Journal/Newspaper Arctic Arctic Ocean Law of the Sea ARPI - Archivio della Ricerca dell'Università di Pisa Arctic Arctic Ocean |
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Open Polar |
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ARPI - Archivio della Ricerca dell'Università di Pisa |
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ftunivpisairis |
language |
English |
topic |
Arctic Ocean Law of the sea Marine Environmental Protection |
spellingShingle |
Arctic Ocean Law of the sea Marine Environmental Protection Cinelli C Protection and Preservation of the Arctic Marine Environment |
topic_facet |
Arctic Ocean Law of the sea Marine Environmental Protection |
description |
Unique geographical and physical specificities characterize the Arctic as an extreme and fragile marine environment. Arctic specificities differ from those of any other environment in relation to which most general principles of international law have developed. International law is usually related to the regulation of the physical environment including the distinct issues of soil, water and the atmosphere rather than a combination of these components, as is the case in the ice-covered marine areas such as those composing most of the Arctic Ocean. From both his- torical and contemporary perspectives, the ‘Arctic question’ has typically been: does the presence of ice change the legal status of the Arctic Ocean? The answer is decidedly no. The so-called Arctic exception, relating to Article 234 UNCLOS, is clearly the exception that proves the rule. This study focuses on how both the sovereignty-based approach and the general interest approach each address the dynamic evolution of Arctic marine environmental challenges in line with UNCLOS, the “Constitution for the Oceans”. This, however, does not preclude the special conditions of the Arctic environment being factored in when Arctic and non-Arctic entities seek feasible ad hoc solutions for cooperation on common interests and concerns. |
author2 |
Cinelli, C |
format |
Article in Journal/Newspaper |
author |
Cinelli C |
author_facet |
Cinelli C |
author_sort |
Cinelli C |
title |
Protection and Preservation of the Arctic Marine Environment |
title_short |
Protection and Preservation of the Arctic Marine Environment |
title_full |
Protection and Preservation of the Arctic Marine Environment |
title_fullStr |
Protection and Preservation of the Arctic Marine Environment |
title_full_unstemmed |
Protection and Preservation of the Arctic Marine Environment |
title_sort |
protection and preservation of the arctic marine environment |
publishDate |
2015 |
url |
http://hdl.handle.net/11568/991402 https://brill.com/view/title/32692 |
geographic |
Arctic Arctic Ocean |
geographic_facet |
Arctic Arctic Ocean |
genre |
Arctic Arctic Ocean Law of the Sea |
genre_facet |
Arctic Arctic Ocean Law of the Sea |
op_relation |
volume:24 firstpage:159 lastpage:189 numberofpages:30 journal:ITALIAN YEARBOOK OF INTERNATIONAL LAW http://hdl.handle.net/11568/991402 https://brill.com/view/title/32692 |
op_rights |
info:eu-repo/semantics/restrictedAccess |
_version_ |
1788058259770310656 |