Tag Archives: Polar law

A. Shibata et al. (eds.), Emerging Legal Orders in the Arctic: The role of non-Arctic actors (London: Routledge, 2019)

There is no doubt that the Arctic is undergoing unprecedented changes. Not only has the Arctic environment been changing at a rapidly fast pace over the last decades, the Arctic has also become a more distinct social, political and legal region. All these ontological changes require more stable norms and institutional frameworks. Based on these premises, Emerging Legal Orders in the Arctic has put together a wide-ranging collection of deeply polar legal research by both familiar names in the field of polar legal studies but also by early-career researchers. As the editors point out at the beginning, this book is the outcome of a symposium held by the Polar Cooperation Research Centre at Kobe University, Japan in December 2017 on the role of non-Arctic states and actors in the Arctic legal order-making. The overarching theme of this book is to explore how, where and to what degree traditional non-Arctic actors, especially Asian States, interact with, influence and shape the creation of the legal order in the Arctic from a normative angle.

Part I of the book aims at giving a contextual understanding of and define the present and future scope of non-Arctic states’ engagement in regional governance with Timo Koivurova’s chapter and the rise of Asian countries, mainly China and Japan, on the Arctic stage. Describing the political and economic contexts of Asian engagement in the Arctic, Tonami points out, in chapter 3, that Asian states mainly pursue economic diplomacy with the aim to both enhance national economic prosperity and use economic leverage to increase domestic political stability. As Asian States’ role in Arctic governance increases, Arctic States expect them to be even engaged within existing institutions such as the AC and contribute to international norm-making in the region. Tonami argues, however, that from an Asian perspective, they are only willing to play this role to the extent that it serves their long-term political and economic agenda. According to her, the rise of Asian States in the region has resulted in a period of contested multilateralism. In chapter 4, Japan’s former ambassador in charge of Arctic affairs, Keiji Ide, analyses Japan’s contribution to the rule of law in the Arctic. He concludes that the challenges presently faced by the Arctic might be too great for Arctic States to deal with on their own. He argues in favour of more involvement and cooperation between both Arctic and non-Arctic states to face the challenges of our times. Taking the example of China and its Arctic policy white paper, Nielsson and Magnússon assesses China’s efforts to create and foster relationships with Arctic partners in order to better understand the region as a whole. According to them, China’s white paper on Arctic policy presents a balanced view between the opportunities for Chinese companies to enhance economic cooperation, the protection of the environment and combatting climate change.

Part II titled “People(s) in the Arctic” is the book’s shortest section with only two chapters. Chapter 6 written by the international chair of the Inuit Circumpolar Council, Dalee Sambo Dorough, argues that any discussion about the legal order in the Arctic should recognise the status and rights of indigenous peoples for whom the Arctic is home.  She emphasises that indigenous peoples are not just stakeholders in Arctic-related matters they are rightsholders in the region. According to her, although they are not Arctic states, non-Arctic States must engage more with Arctic indigenous peoples as they seek to become more involved in the Arctic legal order. Indigenous rights should not only be mentioned in Arctic policies, the status, rights and role of Arctic indigenous peoples should be respected in practice. Dalee Sambo makes some interesting recommendations for non-Arctic actors to better engage with indigenous peoples. To her education in the field of indigenous and human rights, engaging with communities at the local level, engaging outside with indigenous peoples outside of the AC, reaching out to indigenous peoples’ organisation and the AC Permanent Participants, identifying areas of mutual interests both within and outside the AC, being clear and straightforward about their Arctic interests and projects and, advancing research in social sciences and other areas of concerns to Arctic indigenous peoples are all means worth exploring to foster meaningful cooperation. The other chapter in Part II is an assessment of the role of non-governmental organisations (NGO) in influencing the Arctic sealing, whaling and hydrocarbon regimes in the Arctic by Nikolas Sellheim and Marzia Scopelliti.

In Part III on the marine Arctic, Joji Morishita discusses the Arctic Five-plus-Five process that led to the negotiations of the Central Arctic Ocean Fisheries (CAOF) Agreement. Morishita analyses each of the ten countries that took part in this process and takes the readers to the heart of the negotiations of this unique fisheries agreement. Although the Arctic Five (Canada, Kingdom of Denmark, Norway, Russia, and the United States) and the Plus Five (Iceland, Japan, China, Korea, and the EU) have substantial different interests, they share the same objectives regarding how the CAO should be managed according to the precautionary principle to avoid illegal fishing activities. The next chapter by Law of the Sea specialist, Erik J. Molenaar, is an almost-40-page-long masterpiece, which complements and adds another layer of understanding to Morishita’s chapter and provides one of the most in-depth analysis of the CAOF Agreement published thus far. Molenaar gives a concise but thorough overview of how the CAOF Agreement fits into international fisheries law and international law. Towards the end of the chapter, Molenaar also makes a comparative analysis of how participation in the Five-plus-Five process and the CAOF Agreement compares to participation in other RFMO/As. The following two chapters turn their focus on Arctic shipping as Rasmus Gjedssø Bertelsen delves into transnational knowledge network and epistemic communities and Leilei Zou provides a thorough analysis of cooperation between China and Russia in the legislative development of the Northern Sea Route.

Part IV switches gear to focus on scientific cooperation and the Arctic Council. In chapter 12, Akiho Shibata analyses the Arctic Science Cooperation Agreement that entered into force in May 2018 from the perspectives of non-Arctic States. In reviewing this third agreement negotiated under the auspices of the Arctic Council, Shibata assesses to what extend AC Observers States have been able to give substantive inputs at the negotiation stage. In his analysis, Shibata concludes that many pressing Arctic governance issues (e.g. black carbon) cannot be addressed without including non-Arctic actors. One of Part IV’s main themes seems to analyse the evolution of the relationship between AC Observer States and the Arctic Council. In their chapter, Sebastian Knecht and Jennifer Spence show that despite legal equality of all AC Observers, political considerations still play an important role. In the last chapter of the book, Yuanyuan Ren expands on China’s relation with the Arctic Council. According to Ren, China has shown more engagement at the AC level since being granted Observer status in 2013.

The book’s small, and perhaps only, quibble is that most of the chapters focus on non-Arctic States and look at Arctic law-making through a State-centric lens. This can in part be explained, as Sellheim and Scopelliti mention, because international law remains a state-driven process that tends to exclude non-State actors and communities. This seems like a missed opportunity to broaden that scope and to expand on the relation between non-Arctic actors, non-State actors and Arctic indigenous peoples in the context of creating new legal orders in the region. Such quibbles however do not detract from the book’s overall scholarly quality. The exploration of the evolution of the Arctic normative framework and its expansion on the global stage is still very much a work in progress. As the first edited volume in Routledge’s Research in Polar Law series, Emerging Legal Orders in the Arctic provides an in-depth and timely look at how the Arctic legal order is evolving and is a most welcome addition to the literature on international law that will certainly be of value not only to legal scholars involved in polar research but also to those with a broader interest in both Asian studies and region-building in the Arctic.

Elana Wilson Rowe, Arctic Governance: Power in cross-border cooperation (Manchester: Manchester University Press, 2018)

Either described as a peaceful and stable region where a special type of governance has been instrumental in building trust among States or as a region prone to potential future conflicts over territory and resources, the Arctic is now at the centre of many studies and research in policy-making, governance and international relations about the changing post-Cold War  geopolitical world. In Arctic Governance: Power in cross-border cooperation, NUPI Research Professor and Adjunct Professor at Nord University in Norway, Elana Wilson Rowe, explores the contested but largely cooperative nature of Arctic governance in the post-Cold War period, and the ways in which power has shaped both cross-border cooperation and performance of diplomacy in the region. An important premise of the book is that, in global governance, power should not be viewed a zero-sum game but rather as a fluid performance between different actors. Rather than focusing on describing power as it is, the book uses different analytical frameworks from international relations to geography to understand how this performance of power plays out in practice.

Building on this idea of power, Wilson Rowe focuses on how Arctic cross-border cooperation is marked by power relations that are under constant re-enactment and renegotiation. She takes Russia’s role at the Arctic Council as an example to examine to what extent Arctic governance can be understood as a competition for the exercise of authority over certain places and certain audiences. Taking a multidisciplinary approach to governance, security and diplomacy in the Arctic, it calls for establishing more inclusive and situated ways of looking at the interplay all Arctic. Throughout the book, Wilson Rowe develops four key propositions to demonstrate how Arctic cross-border cooperation has been marked by these relations of power.

After an introduction and a first chapter where the book sets the contextual underpinnings and describes the five groups of actors at the centre of Arctic governance (i.e. Indigenous peoples, States, commercial actors, NGOs, and Scientists), Chapter 2 focuses on how power relations are manifested in and shaped by the definitions and representations of Arctic policy objects and the region more broadly. The Arctic as physical space is framed and understood through specific dichotomic narratives (e.g. the Arctic as region of peace or conflict; conservation and environment against sustainable development) and visual vocabularies. However, the complexities of Arctic governance cannot be analysed through simple binary frames. This chapter illustrates that such framing is not fixed and is often contested or used by actors to promote one narrative over another when performing Arctic diplomacy. She further argues that while framings are often regarded as an academic analytical tool, they are also actively used by the actors themselves to realise their preferred outcomes. Wilson Rowe narrows her analyses down to three discursive framings: 1) “the Arctic as a zone of peace”  and the challenges following Russia’s annexation of Crimea, 2) “the global Arctic versus the regional Arctic” the involvement of new Arctic Council Observer States, and 3) “business as a tool of pan-Arctic” and the establishment of the Arctic Economic Council in 2015. Experienced players in Arctic governance seem highly aware of these framings and the importance of what Wilson Rowe calls “geo-power”. Contestation and debate only arise when these narratives and framings are placed under pressure by changing circumstances or new considerations.

In Chapter 3, Wilson Rowe studies the proposition that as policy fields come together and endure, it is important to study how structured power relations work. Having a hierarchical outlook is a useful analytical tool in an Arctic context. Apart from the more obvious “Arctic States” (A8) and “Arctic Coastal States” (A5) clubs, Wilson Rowe illustrates this proposition with the examples of Russia and the United States. According to her, both countries are best understood as resting power in Arctic relations. In day-to-day Arctic diplomacy and interactions, the two countries act like any other A8 or A5 country, however, at critical, agenda-setting junctures, their participation is seen by other states as essential and their actions have long-lasting significance for the development of Arctic multilateralism. Norway is another good example of a State that was able to navigate predetermined hierarchical norms and position itself as a ‘knowledge power’ at the leading end of Arctic governance and politics, especially as a central actor in Russia-Western cooperation.

In Chapter 4, Wilson Rowe examines the role of informal norms and key social constraints characterizing Arctic cross-border cooperation. She uses Russia’s role at the Arctic Council between 1997 and 201 as an example to argue that countries are shaped by policy field norm constraints and seek to transform them. She concludes that between 1997 and 2007, Russia showed low levels of participation and had some successful “low-political” cooperation as the projects proposals only focused on the Russian Arctic without additional cooperation. As argued in the chapter, this challenges the expectation that all Arctic countries will participate in circumpolar governance. However, the second decade (2007-2017) saw Russia significantly invest in creating binding agreements and be a norm-making leader in the region.

Chapter 5 explores how different actors constantly work to refine or redefine power relations. Arctic governance is understood as a form of competition over who has authority and who can exercise this authority. Using negotiations at the ‘science–policy’ and ‘peoples–states’ interfaces at high-level Arctic Council meetings, Wilson Rowe uses the framework of “civic epistemology” to understand how authority is articulated or challenged. Her work examines the interplay between politics and authority in the performance of power.

Absorbing and well-written, the book conveys complex ideas and approaches in a simple way that allows readers to engage and connect with the text. Far from the conflict-driven narratives of more realist approaches to international relations, Wilson Rowe’s in-depth analysis of how power performances between multiple actors shaped relations in the Arctic provides a most-interesting perspective on the need to prioritise and expand pan-Arctic cooperation. Overall, Wilson Rowe’s book is a must-read for anyone interested in international relations and the Arctic. Published by Manchester University Press and available for open-access download, Arctic Governance: Power in Cross-Border Cooperation offers one of the most timely and refreshing takes on Arctic governance.

Simon Marsden, Protecting the Third Pole: Transplanting international law (Cheltenham: Edward Elgar, 2019)

Protecting the Third Pole: Transplanting international law is Simon Marsden’s third and final book in an Edward Elgar series analysing the current and prospective regional and sub-regional legal framework and governance in Asia. Building on his two previous volumes, Transboundary Environmental Governance in Asia, co-authored with Elizabeth Brandon (2015), and Environmental Regimes in Asian Subregions (2017), Marsden offers a sharp and in-depth look at international environmental law and the law of international watercourses to protect the Himalayas.

While it might not be obvious at first why a review of Protecting the Third Pole might find its way into the present volume of Nordicum-Mediterraneum, Marsden’s comparison between the legal regimes in place in the first (the Arctic), the second (Antarctica) and the third pole (Himalaya-Hindu Kush mountain range and the Tibetan Plateau) seems to be a perfect match for this journal at a time where the academic focus on the polar regions is rapidly increasing. Whereas the three poles experience different ecological, social and legal realities, there are good management practices that could be learnt, and transplanting or adapting the legal framework of one pole to another can help developing better ecological governance in the region. The Third Pole, with its ice fields containing the largest reserve of fresh water outside the polar regions, is the source of ten major river systems that provide irrigation, power and drinking water for over 1.3 billion people in Asia.

Throughout his book, Marsden explores what legal frameworks can potentially guide the development of a comprehensive regime to protect the environment of the Third Pole. Following an introduction where the author sets his main methodological approach and discusses the environmental significance of the region, the second chapter gives a comparative law overview by focusing on legal transplants. The first part of this chapter centres around more theoretical questions linked to the overall feasibility of legal transplants and norms diffusion. The author lays down several approaches to international legal transplants while also stressing that contextual awareness is key from any transplant to be successful; in that this does not differ from the introduction of domestic law within the context of any other State.  Towards the end of the chapter Marsden analyses the potential to transplant the governance models of certain legal institutions (e.g. intergovernmental organisation) elsewhere. Marsden analyses the Arctic Council (AC) and the South Asian Association for Regional Cooperation (SAARC) and asks whether the institutional arrangements of the AC and its focus on collaborative knowledge exchange (e.g. the negotiations of the Agreement on Enhancing International Arctic Scientific Cooperation)  and environmental protection (e.g. EIA guidelines) could be transplanted to the Third Pole through SAARC. He concludes that the mix of hard and soft law arrangements negotiated under the auspices of the AC demonstrates that there is no best single to protect the Third Pole.

Having laid robust theoretical underpinnings, the book examines the development of global protected areas in international law under the Wetlands Convention, the World Heritage Convention and the European Landscape Convention in chapter 3. Marsden suggests the possibility of the European Landscape Convention to be transplanted to the Third Pole as it could both enhance cooperation and enable public participation, and it would strengthen the provisions of the World Heritage Convention regarding landscapes. Mindful as always in his analysis, Marsden is conscious that there might be a greater possibility in some Third Pole States where the political climate is more incline to changes. Chapter 4 on connecting area and species protection considers the European Nature Convention and the Antarctic Environmental Protocol as clear candidates for connection area and species protection via the Ecosystem Approach (EA) for the integrated management of land, water and living resources and promote conservation and sustainable use in an equitable way.

In chapter 5, Marsden studies the applicable customary international related to environmental impact assessment (EIA) in light of several decisions by the International Court of Justice. As most scholars working in this field, the author highlights that while the procedural requirements of EIA have become customary, the lack of substantive process obligations limits the effectiveness of EIA as a customary norm. He thus recommends looking at the Espoo Convention on Transboundary Environmental Impact Assessment and its subsequent Kiev Strategic Environmental Assessment Protocol as potential legal transplant for the Third Pole. Given the practicalities and global contextual application of the Espoo Convention and the Kiev Protocol, this proposal seems like the most feasible for now. In the rest of the chapter, Marsden uses polar EIA mechanisms such as the EIA guidelines developed by the Arctic Council (soft law) and the three-level detailed regulations for EIA in the Antarctic described  Annex I of the Environmental Protocol to the Antarctic Treaty (hard law) to advocate for the creation of contextualised Third Pole EIA Guidelines or for an EIA treaty. Chapter 6 and 7 respectively analyse the evolution of protection regimes for international rivers (i.e. the 1997 ICJ Gabcikovo-Nagymaros Dams case, the UN Watercourse Convention, the UNECE Water Convention and the Mekong Agreement) and transfrontier mountains through the Alpine and Carpathian mountain regimes. In concluding his chapters, Marsden emphasizes the importance of creating cross-border solutions to protect the environment and make a genuine contribution to sustainable development – especially when it comes to energy production.

In sum, Marsden offers three potential solutions to answer the question of what international legal frameworks can help guide the development of a comprehensive regime to protect the the Third Pole environment. His first suggestion is to transplant existing international law that originated in either a European or a polar context to Asia’s Third Pole. The second suggestion is the transplant of a framework treaty based on the Alpine or Carpathian regimes. The European focus of option one and two might hinder their viability, and he recommends further research to test them. For the third option, Marsden suggests developing a new treaty involving all relevant regional stakeholders and public participation. With Protecting the Third Pole, Simon Marsden once again manages to publish an excellent contribution to the fields of international environmental and polar legal studies. His detailed, rigorous and comparative examination of relevant customary international law and treaty obligations helps better understand the connections between all the different environmental regimes at play. Protecting the Third Pole not only manages to describe the current legal regimes in place at the poles, it also distils complex legal theory and approaches into understandable analyses and conclusions. Marsden’s book will certainly delight environmental lawyers and is a must-read for any legal or policy scholars working on environmental issues.

Ulrik Pram Gad and Jeppe Stransbjerg (eds.) The Politics of Sustainability: Reconfiguring identity, space and time (London: Routledge, 2019)

In The Politics of Sustainability, Ulrik Pram Gad and Jeppe Strandsberg brought together well-known Arctic social-scientists to rethink and establish new ways of understanding sustainability. In doing so, this edited volume provides a constructive alternative to the way the basic and evasive political understanding of sustainability is used to promote one narrative – what is important to sustain, when and where – over others. The idea of sustainability helps structure these narratives about future political decisions. As the editors rightly highlight, differences over what should be sustained remain key to the struggles over rights and resources in the Arctic.  These struggles vary depending on the context, yet patterns emerge as the Arctic becomes more integrated and institutionalized. The reconfiguration of sustainability through different lenses divides the book along three main lines (identity, space, and time). These three analytical frameworks are then neatly woven together to understand the complex and constant rearticulating of sustainability as a tool of governance.

The reconfiguration of identities is done through discerning the referent object of sustainability or, in other words, what deserves to be sustained. Individual or collective actors leverage political legitimacy and shape the discourse to sustain their own agenda. By analysing different sectors, such as fisheries in Greenland (Rikke Becker Jacobsen) and mining in Greenland and Nunavut (Marc Jacobsen), and the outside global vision of environmental sustainability in the Arctic petroleum development debate (Gerhardt at al.) highlight that the relationships sovereignty and power in affirming what needs to be sustained. Gerhardt et al. concludes that while Greenpeace has been able to bring the narrative of the pristine Arctic to the fore, their actions also triggered a backlash in targeted States where other types of sustainability (e.g. a fundamental commitment to securing the political sustainability of the nation state) are being prioritized. Another excellent example can be found in Ingrid Medby’s chapter where she provides a nuanced analysis of sustainability as a discursive legitimation of authority rather than a concrete praxis. In her study of Norway, Iceland and Canada, she demonstrates that a country’s ‘Arctic identity’ can be embedded within pre-existing national identity and imagined future narratives. In this way, speaking of Arctic sustainability is about sustaining a present object, or some its aspects (environment, cultures, economies), within a framed temporal dimension which in turn helps foster a broader national narrative.

The second dimension of this book is a reconceptualization of sustainability through space and the existence of a spatial dimension of the referent object in relation to a one specific environment. Sustainability is then articulated in terms of “scales”. In this spatial context, local and national geographical scales are being contrasted against the environmental scale of regional ecosystems and the global climate. As Gad and Stransbjerg argue in the conclusion, choosing one spatial scale often means prioritizing one dimension of sustainability over another. Temporality makes up the third dimension of this edited volume. The idea here is more to outline different ways of claiming responsibility and authority in the Arctic in relation to the sustainability of communities and ecologies. Sustainability narratives are again viewed as discursive tools to empower certain types of actors to act towards a sustainable future. As pointed out in the book, “sustainability narratives need to organize time to be able to credibility claim the environments which makes their preferred referent object sustainable.”

The Politics of Sustainability is dense and does not shy away from high-level theoretical discussions. It is a true tour de force that dissects every aspect of sustainability from a multiple of different angles. Written by well-established scholars atop of their fields in the broad world of polar research, this multidisciplinary edited collection not only achieves what its title suggests (i.e. a conceptual rethinking of sustainability a political concept) but, also provides one of the most complete academic analysis of Arctic governance under the umbrella of sustainability and sustainable development. As several researchers point out in their chapter (Keil; Wilson Rowe; Dodds and Nuttall), in mainstream political discourses sustainability is often conceived as a balancing act between social and economic development and environmental protection. However, there is a postcolonial critique of sustainability as a balancing act that needs to be added within this multi-layered framing to escape colonial ideas of indigeneity. Arctic sustainability is much more intricate than merely achieving balance between “ways of life” of Indigenous communities and what States want to do in the region.  Along these lines, the book manages to distil and explain challenging and complex critical Arctic geopolitical researches in a way that is both understandable and highly impressive. Each chapter are kept short, but they all surely deserve a stand-alone glowing review. In spite of a hefty price tag, The Politics of Sustainability will without doubt be of use to social scientists and researchers involved in Arctic research as well as advanced graduate students.

Donald R. Rothwell, Arctic Ocean Shipping: Navigation, Security and Sovereignty in the North American Arctic (Leiden: Brill, 2018)

The significance of Arctic shipping has long been underestimated because of difficulties associated with navigating through the hostile Arctic environment. This is bound to change for two reasons. Technological advances are giving ships greater capacity to operate in ice-covered waters. Moreover, the reduction of sea-ice is becoming less of a barrier because the hard multi-year ice gives way to thinner first-year ice as a result of climate change. These changes are creating new shipping routes through the Arctic via the Northeast or Northwest Passages and potentially through the central Arctic Ocean via the Bering Strait and the Denmark or Fram Straits. These emerging routes are up to 5,000 nautical miles shorter than alternative routes through the Panama Canal, which explains the growing interest in trans-Arctic shipping and relevant international law.

Arctic Ocean Shipping is a very well written book on important, contemporary, legal and geopolitical issues. It touches upon issues of security and sovereignty but it focuses primarily on rights and obligations relating to navigation in the North American Arctic, and on two state actors, Canada and the United States. Issues are analysed with reference to the United Nations Convention on the Law of the Sea and other relevant legal instruments.

Arctic Ocean Shipping is logically structured and divided into five sections, beginning with an introduction. Section II provides an overview of the “Arctic Ocean Legal Regime”, discussing the applicable international law, sovereignty, shipping, the “Regime of International Straits” and “Arctic Governance”. This includes a particularly interesting analysis of the special considerations concerning sovereignty in the polar regions and suggests that stricter standards of effective occupation might be applied to territorial claims in the Twenty-First Century, due to increased accessibility.

Section III, entitled “Arctic Navigation”, is very intriguing. It deals with “Arctic Navigation Routes”, the “Northwest Passage”, “Bering Strait”, “Arctic Straits and Trans-Arctic Shipping”, “Navigational Rights within the EEZ and High Seas” and “Canadian and US Arctic Rights and Interests”. This section provides an excellent account of navigational routes through the Arctic and their legal status. The rights, interests and policies of Canada and the US are thoroughly explained, with an emphasis on the Northwest Passage and the Bering Strait. Rothwell addresses a contentious issue in a particularly interesting chapter on “The Northwest Passage as an International Strait” where he explains the different positions of Canada and the US concerning the functional requirement of international straits. Reliance upon recorded number of transits would suggest that the Northwest Passage should not qualify as an international strait but a contemporaneous assessment of potential usage suggests the opposite. Recent transits of US vessels through the passage have been subject to an agreement with Canada, making them consensual rather than an exercise of the right of transit passage. This essentially allows the states to peacefully operate without resolving the disagreement. Rothwell does not definitively answer the question, whether emerging routes can qualify as international straits on the basis of potential use. It is an important question which should be relevant for the classification of other routes, such as the Nares strait. However, it will take further usage and involvement of other states to give an unequivocal answer.

Section IV is entitled “Arctic Maritime Security” and it deals with different aspects of “Post 9/11 Global Security Concerns”. This includes chapters on “Terrorism and Counter-Terrorism”, “Port Security”, “Safety of Navigation” and “Maritime Search and Rescue”. The point of this final section is to provide additional context for understanding Arctic policies of Canada and the US. There is not a lot of literature on maritime security in the Arctic so this is a timely contribution. The section gives an overview of the applicable legal instruments but does not consider particular issues in any detail. The monograph ends with “Concluding Remarks” in section V.

Arctic Ocean Shipping is well organised and well written by an exceptionally competent scholar. Yet, two points of criticism will be raised. First, it might have been relevant to include more information on the positions of other states and related issues in the Russian and Scandinavian Arctic for further context and deeper analysis. Second, issues of Arctic sovereignty arguably deserved further attention, given the title of the monograph. For example, it would have been interesting to learn more about the ongoing sovereignty dispute between Denmark and Canada in the Nares Strait.

In conclusion, Arctic Ocean Shipping is strongly recommended. It thoroughly explains the main issues concerning trans-Arctic shipping and does so in an accessible manner. The monograph provides an extensive and very useful overview of the field and is a welcome addition to the literature. The chapter on “Arctic Navigation” is particularly well written and it intriguingly sheds light on ongoing developments and contentious issues. The book is indispensable for lawyers involved with trans-Arctic shipping. Furthermore, it is relevant for all those interested in public international law and the Arctic, or navigational rights generally, and it is recommended for students, academics and practitioners alike.

Klaus Dodds, Alan D Hemmings and Peder Roberts (eds.), Handbook on the Politics of Antarctica (Cheltenham: Edward Elgar, 2017)

Nordicum-Mediterraneum may not seem like the most obvious title in which to find a review of the Handbook on the Politics of Antarctica. Nevertheless, given the increasing focus on Arctic issues in this journal and the comparisons to the opposite pole that they invariably generate, a review of this large (both physically and figuratively) contribution to polar social science is fitting. Iceland became a party to the Antarctic Treaty in 2015 but Antarctica has long been constructed through the actions, discourse and interpretations of European states, in particular Norway by virtue of the explorations of Roald Amundsen and later as a claimant state.

The edited collection – containing an impressive thirty-seven chapters by leading scholars on Antarctic law, geopolitics, social science, and even art and literature, is one of the latest in an emerging trend of “handbooks” that bring together contributions from different perspectives on topics of wide academic interest. The usual approach is to mix a fairly descriptive account to aid newcomers to the field alongside cutting-edge analysis of contemporary and – for the brave – future developments. On these terms, the Handbook on the Politics of Antarctica does not disappoint.

The Antarctic regime is sui generis. In a certain sense, any region of the World can be considered sui generis to the extent that each will have unique features that are not replicated elsewhere. However, in the Antarctic, the very foundations of international relations since (at least) the Peace of Westphalia are turned on their head. While the rest of the World has been subjected to exclusive sovereignty claims (albeit, sometimes overlapping or contested), since 1959, the sovereignty claims in the Antarctic have been frozen. This is just the first and most obvious difference between the governance of the Poles. Nevertheless, Antarctic governance is not entirely separated from other legal regimes including the United Nations, the law of the sea, and international environmental law. Further, the international regime of the Antarctic cannot be kept entirely insulated from global changes and challenges, including the rise of the Asian states, the collapse of the Soviet Union and the renaissance of Russia, and, closer to the Antarctic continent, the festering sore of Las Malvinas/the Falkland Islands. The Handbook presents Antarctic issue areas in a global light – it is not a simple textbook on the Antarctic Treaty System, isolated from the external international relations that construct it.

Following an introduction that outlines the basics of the Antarctic system and summarises the contents, the book is presented in four parts. The first part, “Conceptualizing Antarctica” presents the Antarctic of the imagination, including political imaginations and constructions. Part Two, “Acting in and Beyond Antarctica,” explores events and participants – how are Antarctic politics performed? “Regulating Antarctica,” the third part, examines the frameworks for governing activities in the Antarctica, with emphasis on environmental norms (both hard and soft law), law of the sea (especially fisheries management), tourism, and heritage. The final part, ambitiously titled “Futures in Antarctica,” considers where current political imaginings of the Antarctica will lead, especially in light of global power shifts.

The Poles are generally imagined as the ends of the World – a vision that only makes sense if you start in the middle. The Antarctic is imagined as an uninhabited wilderness. If there are no people there, then perhaps there is no need for law, let alone political theory. However, this view only makes sense if you assume the Antarctic is a pre-defined natural space, not one constructed by law, politics, selective historic records, and literature. The emphasis on science as one of the tools to maintain the peace in Antarctica has led to an impressive body of natural scientific research in a notoriously hard-to-reach location. However, the extent of natural science, its existence in the first place, can only be understood using political science. Why does the treaty prioritise science and scientific cooperation? Answer: to maintain peaceful relations. Whyare so many countries sending scientific missions down there? Answer: to earn the right to partake in decision-making for the continent and, in some cases, to maintain territorial claims. Social science regarding the Antarctic is lagging behind natural science and this Handbook is a major contribution as well as proof that you do not need a generous fieldwork budget to study the Antarctic.

The Handbook would perhaps best be described as a collection of essays from different disciplines than as aninterdisciplinary work per se – the individual contributions are rarely themselves interdisciplinary. Not only do the contributors come from different disciplines and reflect the different assumptions at the bases of these, but they reach different conclusions. For example, political scientist Anne-Marie Brady portrays China as a threat to the stability of the Antarctic system and casts aspersions on Chinese motivations (Chapter nineteen). Meanwhile, lawyer Alan Hemmings critiques the “us and them” constructions of Antarctic activities and assumptions about the rightful place of peoples of European origin on the continent contrasted against concerns about new actors. “Science is international and value-free until it isn’t one of us doing it” (Chapter thirty-two). In this reviewer’s favourite chapter, Elizabeth Leane explores the implicit racism in Antarctic fiction that assumes the normality of the white, European, male presence and paints the Asians as the “other” (Chapter two).

Notwithstanding the diversity of approaches and views, some general themes emerge. Sovereignty may have been frozen but the original parties to the Antarctic Treaty (including only one Asian and one African state – and the African state at the time of signing being the white supremacist South Africa) still determine whose voices are heard. Colonialism and the image of the white male conqueror of a hostile frontier were and remain bases for contemporary legitimacy in Arctic politics. Science is a ticket to the decision-making table – something that keeps “troublemakers” from developing countries at bay (108). The “old” Antarctic states must find a careful balance between defending their hegemony and accommodating “new” actors so that the latter do not threaten to undermine the system.

It is perhaps harsh to criticise a text of over 600 pages for what is missing but this reviewer was surprised that the Whaling in the Antarctic case and the broader issue of whaling in the Antarctic was not more directly addressed. However, since the handbook’s publication, Japan has announced its decision to leave the International Whaling Commission and to cease taking whales in the Southern Ocean, changing the basic premises of the legal dispute. Tim Stephens’ chapter on the law of the sea left this reviewer wanting more: each of the subsections could have been the subject of an independent chapter. What is the role of the International Seabed Authority in the Southern Ocean? Does it have one? The tension – and snobbery – between science and tourism might have been explored in more depth (though Chapter twenty-three, by Christina Braun, Fritz Hertel and Hans-Ulrich Peter, presents the depressing reality of the impact of scientific missions and the inadequacy of implementation of environmental protection and implicitly argues that it is not the tourists that are the problem). Ruth Davis (Chapter thirty-five) touches briefly on the precautionary principle but the pre-eminence given to “science-based decision-making” in the Antarctic poses a major barrier to the application of a precautionary approach that could have been more explicitly explored. Some leading Antarctic experts such as Jill Barrett and Kees Bastmeister are also missing. These gaps should not be viewed as criticisms of the Handbookbut rather a reminder to interested readers to go beyond itas they continue their research.

Duncan Depledge, Britain and the Arctic (London: Palgrave Pivot, 2018)

Does geographical proximity make you closer to a region than long-standing historic ties? Is Britain a “forgotten Arctic State”? How can Britain find its way in the “Global Arctic”? These are the questions, Duncan Depledge, director of the All-Party Parliamentary Group for Polar Regions Secretariat in Westminster and Special Adviser to the UK House of Commons Defence Committee tries to answer to in his new book Britain and the Arctic. In the field of polar research – in Britain or abroad – Depledge does not need any introduction anymore. His name, alongside his former professor at Royal Holloway, University of London Klaus Dodds, has become synonymous with high-quality research in both international relations and polar studies. Based on a doctoral thesis Depledge defended at Royal Holloway in 2014, this book might be regarded by some as a timely contribution to the field of polar studies, especially at a time where Britain is gauging its involvement in the Arctic. On a more structural level, Britain and the Arctic is written as a collection of six thematically self-standing essays that each tries to assess Britain’s relation to the high north in an all-encompassing and detailed manner. Written in a short, punchy format, each chapter takes the form of an essay (with an abstract at the beginning) that makes the whole book more reader-friendly.

As pointed out at the beginning of the introduction, Britain’s present interest in the Arctic has never been as high since the Cold War. Although one might be forgiven to think that British interests in the North is an offspring of Britain’s colonial past, Depledge posits the Arctic has come into focus based on the need to make sense of how the Arctic is changing and how understanding these changes can help Britain be more productive in terms of science, trade, conservation and national security (p.6). With this new contribution, Depledge endeavours to analyse four overarching themes to better assess Britain’s relation with the Arctic. Drawing on Britain’s long history as a global power, Depledge first shows that Britain has had a massive role in influencing and defining the Arctic for centuries. He then argues that in spite of the “circumpolarisation” of the Arctic where the Arctic Eight (Canada, Denmark, Finland, Iceland, Norway, Russia, Sweden and the US) have pushed non-Arctic states such as Britain towards the periphery of Arctic affairs, interests for the region within Britain domestic political, scientific and public landscapes have continued to grow in the last decades. The third theme is linked with the production of new scientific knowledge and the interests of British scientists in understanding how the region is likely to evolve in the future. This comes at the interplay of science, environmental, military and security concerns. Finally, Depledge also assesses the extent to which Britain’s contemporary engagement in the region, mainly due to its colonial past, is shaped by the country’s need to atone and demonstrate sensitivity in engagement in postcolonialism and neocolonialism debates.

As Lassi Heininen suggests in one of the blurbs, the idea of that Britain might be a “forgotten Arctic State” definitely comes as a surprise at first. The layperson might indeed wonder how a State whose northernmost tip (Out Stack, Shetlands) lies a bit further north than Bergen, Norway but still south of the Faroe Islands  could be an Arctic State, let alone a forgotten one.  In Chapter Two (Britain: The Forgotten Arctic State), Depledge cleverly demonstrates that closeness is not only a matter of topographical proximity. In the Arctic, a geopolitical region that is being construed as more and more global, Depledge highlights the problems with creating an arbitrary dichotomy between Arctic and non-Arctic States that relies solely on geographical proximity. Such closeness, he argues, is also a matter of topology. While acknowledging that Britain’s longstanding history in the Arctic comes as a result of its colonial past, Depledge demonstrates that topography and topology offer two different ways of thinking about Britain’s proximity to the Arctic. Although topography might play a more important role in the contemporary geopolitical landscape and also makes the Arctic look further away from Britain – demonstrated in framing Britain as “The Arctic’s Nearest Neighbour” in successive government policies since 2010 -, Britain, he argues, share deep and extensive topological links with the Arctic. From a topographical perspective, Depledge points out that the Arctic as a regional construct would still be vulnerable to further changes if and when the Faroe Islands and Greenland ever chose to become independent. In this changing Arctic landscape, Depledge also briefly mentions  the “spectre of Scotland one day becoming independent” and how, he argues, “few would seriously question whether the rest of Britain’s interest in the Arctic should be at all diminished or that Scotland should have a greater role than the rest of the Britain in Arctic affairs” (31). However, this analysis might come as oblivious of Scotland sharing a similar set of commonalities with northern/Arctic European states. Scotland’s growing role in Arctic affairs over the past few years from its involvement in para-geopolitical fora such as the Arctic Circle Assembly in Reykjavik to being one of the driving Arctic forces within British politics.

Elsewhere in 2011 and 2012, Depledge had already made the case for the UK government to develop an overarching formal Arctic framework which would help Britain and other stakeholders reflect on what actually matters for Britain in the region. Following the release of the Arctic Policy Framework in 2013, British involvement in the Arctic has not ceased to grow. Depledge highlights the challenges the Polar Region Departments have encountered in their attempts to communicate Britain’s Arctic interests at home and abroad and the need for a new British Arctic strategic document. Such challenges include the recent short-term vision that has been dominating British foreign policy making. In Britain and the Arctic, Depledge argues for a review of the Arctic Policy Framework and for a new strategic document to be published. Since Britain and the Arctic’s publication however the UK Polar Regions Department did publish a new Arctic policy (Beyond the Ice: UK policy towards the Arctic) in 2018. However, the 2018 policy did not surprise much and had a rather conservative approach to Britain’s relation to the region.

Britain might not be a forgotten Arctic State, but the book’s overall raison d’être appears less to be putting Britain on the Arctic map once again and more a statement for Britain to become even more involved in the Arctic than it already is. As Depledge argues if Britain wants to have a bigger role and an impact on Arctic affairs, the focus should be less on claiming topographical proximity (“Britain as the Arctic’s nearest neighbour”) and far more on making Britain the Arctic’s closest neighbour through science, defense, trade and cultural links (127). This kind of involvement from contemporary non-Arctic actors is to be welcomed as the Arctic is being construed as a more global and evolving region. Cooperation between Arctic and non-Arctic stakeholders is key to build a better integrated region. Britain and the Arctic is an exemplar of quality research about the globalisation of the Arctic. With its practical outlook, Depledge has made many positive contribution to academic research in the field of polar studies and Britain and the Arctic offers the most recent example of such contributions. Its concise format and affordable price tag make it a must-read for everyone interested in Arctic affairs, from decision-makers and politicians to senior academics and undergraduate students.

Uttam Kumar Sinha & Jo Inge Bekkevold (eds.), Arctic: Commerce, Governance and Policy (New York: Routledge, 2015)

In the mid-2000s, the Arctic started to receive greater international attention given its growing importance in environmental, scientific, economic and political affairs. The acceptance of five Asian states – China, India, Japan, Singapore and South Korea – as Observers in the Arctic Council, the region’s preeminent intergovernmental forum, in 2013, became both representative of this trend and a consequence of it. This is the premise of Arctic: Commerce, Governance and Policy, which describes the interest and engagement of Asian states in Arctic affairs, and stems from papers presented at a conference on the topic of Arctic geopolitics held at New Delhi’s Institute for Defense Studies and Analyses in September 2013.

Continue reading Uttam Kumar Sinha & Jo Inge Bekkevold (eds.), Arctic: Commerce, Governance and Policy (New York: Routledge, 2015)

Richard C. Powell & Klaus Dodds, Polar Geopolitics: Knowledges, Resources and Legal Regimes (Cheltenham: Edward Elgar, 2014)

This edited collection brings together 18 scholars from different disciplines to discuss their latest insights into the Arctic and Antarctic regions. While the Antarctic has always been a distinct conceptual space in the World owing to its isolation from inhabited territories, the formation of the Arctic qua region has developed rapidly in the 21st Century. The editors, Richard Powell and Klaus Dodds, have asked the contributors to develop “critical polar geopolitics”, focusing on knowledges, resources and legal regimes. However, the book does not clearly follow these three priority areas but is in fact structured according to three parts: Global and Regional Frameworks; National Visions; and Indigenous and Northern Geopolitics.

Continue reading Richard C. Powell & Klaus Dodds, Polar Geopolitics: Knowledges, Resources and Legal Regimes (Cheltenham: Edward Elgar, 2014)

Peter Hough, International Politics of the Arctic: Coming in from the Cold (London: Routledge, 2015 pbk.)

Peter Hough’s contribution to the scholarship of Arctic international relations, International Politics of the Arctic: Coming in from the Cold, has now been made available in paperback. Given that the target audience is likely to consist of students and those with a general interest in the field, the paperback edition (and more accessible price) is most welcome.

Continue reading Peter Hough, International Politics of the Arctic: Coming in from the Cold (London: Routledge, 2015 pbk.)

Natalia Loukacheva (ed.), Polar Law Textbook (Copenhagen: Nordic Council of Ministers, 2010)

In conjunction with the programme and with the financial support of the Nordic Council of Ministers, the programme director, Natalia Loukacheva, solicited and collated these articles from leading academics, practitioners, politicians and indigenous peoples working in associated disciplines to compile the first ever “textbook” in Polar Law. The four designated aims of the textbook are to promote interdisciplinary education; to disseminate current research and developments; to improve Nordic and Arctic cooperation; to facilitate long-distance education on Polar Law and to encourage Nordic and Arctic collaboration in education (Summary).

 

Polar Law as a concept requires some working definition, even if it is constantly evolving and taking on new fields of inquiry as it matures. This definition is provided by Loukacheva in the introduction who advises us that, “broadly speaking, ‘polar law’ is a developing field of law that deals with the international and domestic legal regimes that are applicable to the Arctic or the Antarctic or both” while also taking into account the normative force of “soft-law” instruments (13).

One immediate question that springs to mind is “why polar law?” What is special about the polar regions that justifies such specialized attention? And despite some superficial similarities between the Arctic and the Antarctic, geologically, politically, sociologically and economically they are, if one will pardon the expression, “poles apart.” Loukacheva raises these questions in her introduction, drawing attention to the most significant differences between the two regions as well as areas of common concern and lessons that one region might have for the other.

On reading the textbook, it becomes apparent that these areas are of ever increasing strategic and political importance and facing challenges of governance and deployment that have serious consequences in much more temperate climates. The focus on polar law suggests a preference for legal regulation to solve problems, but in reality, the approaches taken are all interdisciplinary to greater or lesser extents. Only the chapters on the law of the sea and on human rights and indigenous peoples rely principally on legal sources and even in these chapters, the law is explained in social and environmental context. In other words, whilst to some extent it is assumed that law is one useful tool to address the relevant issues, it is nowhere assumed that law is the only tool, nor even the preferred one.

Although marketed as a “textbook”, the essays do not provide a superficial account of the issues they each address. Instead, the book is packed with information, providing knowledge and analysis that will serve well scholars, scientists and policy-makers in, inter alia, international law, international relations, development, governance, natural resources law and climate change, whether or not they seek a specific focus on the polar regions. Where it shares a “textbook” approach is in the inclusion at the end of each chapter of suggested material for further reading (useful to researchers at all levels) and a pedagogically-focussed list of questions for reflection by the reader.

The content is weighted towards the Arctic, which can be understood to the extent that there is a necessary focus on the social sciences (e.g., economics, Arctic governance) and emphasis is rightly put on indigenous peoples (4 of 11 chapters). The human issues pertaining to the Arctic have no equivalent in Antarctica. There would be scope, however, for further development of Antarctic issues in a future volume, such as questions of governance of the South Pole, legal and political claims to territory, potential exploitation of non-living resources, and other economic interests.

The textbook taps into the most contemporary information available, containing numerous references to developments in 2010. However, the effort to publish the state of the art developments in polar law have come with some editorial costs that might be rectified in a second edition, or a future second volume with new essays dealing with yet to be identified topics. First of all, a non-specialist approaching this textbook may feel at times bombarded by acronyms and it can become difficult to keep these all in focus. Furthermore, the acronyms are not consistently used by different authors, for example, the Law of the Sea Convention is abbreviated to LOSC (45) and later as UNCLOS (214). The inclusion of a simple table of acronyms could make it much simpler for authors to use the same acronyms and for readers to check these quickly when memory fails. The styles of the questions also vary between chapters, with some being answerable by reflection of the contained text alone and others requiring further research. There are formatting inconsistencies, with most chapters listing questions at the end of the text, but chapter six including these after subsections within chapters, and some typographical and layout errors. Ultimately, however, the technical detractions of the textbook should not detract from its innovative content.

Finally mention should be made of the open-access nature of the project and the willingness to make this content available to as wide an audience as possible without the barrier of cost. The book is available for purchase in hard copy, but can be downloaded in its entirety in pdf form free of charge, something that cash-strapped students and universities in developed and developing countries alike will no doubt embrace enthusiastically.

* Online pdf version: 

 http://www.norden.org/en/publications/publications/2010-538