Emerging Legal Orders in the Arctic: The Role of Non-Arctic Actors

303 Pages·2019·4.634 MB·English

by  Akiho Shibata (editor), Leilei Zou (editor), Nikolas Sellheim (editor), Marzia Scopelliti (editor)

Emerging Legal Orders in
the Arctic
More than ever before the changing environmental and political landscape in the
Arctic requires stability and foreseeability based on resilient common norms. The
emerging legal orders in the Arctic cannot be legitimately created or effectively
implemented unless all relevant actors are involved. Simultaneously, it must
always be based on respect for the sovereign rights of the eight Arctic states in the
region, as well as the tradition and cultural livelihood of the local communities.
It is this delicate balance between Arctic and non-Arctic interests that is the core
problématique for the emerging legal orders in the Arctic.
Emerging Legal Orders in the Arctic critically examines the role of non-Arctic
actors in this advancement of the shape and scope of the Arctic legal order.
Discussing the admittance and participation of Observer states and organisations
in the Arctic Council, including task force meetings where new treaties are
negotiated, it details the issues and successes this can result in. Setting up the
context of the current legal orders in the Arctic, the book discusses Asian,
indigenous and European perspectives, amongst others. There is a strong focus on
the groundbreaking fisheries agreement of November 2017 in the Central Arctic
Ocean (CAO), and the impact on both Arctic and non-Arctic actors. Interests
in marine living resources, scientific cooperation and the Arctic shipping regimes
and governance are also thoroughly discussed from multiple perspectives.
The book combines the expertise of academics and practitioners in the fields
of international law and Arctic governance, uniquely focusing on Asian actors in
the Arctic legal order-making. The resulting study is a fascinating insight into
the interplay between non-Arctic actors and the Arctic legal order, and will be
invaluable to academics in the field of Arctic and international law.
Akiho Shibata is a Professor of International Law and Director, Polar Cooperation
Research Centre (PCRC) at Kobe University, Japan.
Leilei Zou is a Professor at Shanghai Ocean University, Shanghai, China.
Nikolas P. Sellheim is a postdoctoral researcher at the Helsinki Institute of
Sustainability Science (HELSUS), University of Helsinki, Finland.
Marzia Scopelliti is a PhD candidate in Law at Complutense University, Madrid,
Spain.
Routledge Research in Polar Law
Emerging Legal Orders in the Arctic
The Role of Non-Arctic Actors
Edited by Akiho Shibata, Leilei Zou, Nikolas Sellheim & Marzia Scopelliti
For a full list of titles in this series, visit https://www.routledge.com/law/series/
RRPL
Emerging Legal Orders
in the Arctic
The Role of Non-Arctic Actors
Edited by Akiho Shibata,
Leilei Zou, Nikolas Sellheim and
Marzia Scopelliti
First published 2019
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
52 Vanderbilt Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2019 selection and editorial matter, Akiho Shibata, Leilei Zou,
Nikolas Sellheim and Marzia Scopelliti; individual chapters, the
contributors
The right of Akiho Shibata, Leilei Zou, Nikolas Sellheim and Marzia
Scopelliti to be identified as the authors of the editorial material,
and of the authors for their individual chapters, has been asserted in
accordance with sections 77 and 78 of the Copyright, Designs and
Patents Act 1988.
All rights reserved. No part of this book may be reprinted or
reproduced or utilised in any form or by any electronic, mechanical,
or other means, now known or hereafter invented, including
photocopying and recording, or in any information storage or retrieval
system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks
or registered trademarks, and are used only for identification and
explanation without intent to infringe.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
Names: Shibata, Akiho, 1965–, editor.
Title: Emerging legal orders in the Arctic : the role of non-Arctic
actors / Edited by Akiho Shibata, Leilei Zou, Nikolas Sellheim &
Marzia Scopelliti.
Description: New York : Routledge, 2019. | Series: Routledge
research in polar law | Includes index.
Identifiers: LCCN 2018052714 (print) | LCCN 2018055129 (ebook) |
ISBN 9780429461170 (ebk) | ISBN 9781138618510 (hbk)
Subjects: LCSH: Arctic Regions—International status. | International
law—Arctic regions. | Law of the sea—Arctic regions.
Classification: LCC KZ4110.P65 (ebook) | LCC KZ4110.P65
E44 2019 (print) | DDC 341.40911/3—dc23
LC record available at https://lccn.loc.gov/2018052714
ISBN: 978-1-138-61851-0 (hbk)
ISBN: 978-0-429-46117-0 (ebk)
Typeset in Galliard
by Apex CoVantage, LLC
Contents

List of illustrations viii
Notes on contributors ix
Acknowledgements xii
List of abbreviations xiv
1 An ocean in the making: non-Arctic actors and
emerging Arctic legal orders 1
AKIHO SHIBATA, LEILEI ZOU, NIKOLAS SELLHEIM AND
MARZIA SCOPELLITI
PART I
Setting the contexts 9
2 The current and future role of non-Arctic states in
Arctic governance 11
TIMO KOIVUROVA
3 The rise of Asia and Arctic legal order-making:
political–economic settings 27
AKI TONAMI
4 Japan’s role in formation and strengthening of
Arctic legal orders 42
KEIJI IDE
5 China’s Arctic policy white paper and its influence on the
future of Arctic legal developments 49
EGILL THOR NIELSSON AND BJARNI MÁR MAGNÚSSON
vi Contents
PART II
People(s) in the Arctic 67
6 Our homeland: Arctic indigenous peoples’ perspectives on
non-Arctic states 69
DALEE SAMBO DOROUGH
7 Sustaining a conservationist agenda?: NGO influence on
Arctic sealing, whaling and hydrocarbon regimes 91
MARZIA SCOPELLITI AND NIKOLAS SELLHEIM
PART III
Arctic marine legal order-making 107
8 The Arctic Five-plus-Five process on central Arctic Ocean
fisheries negotiations: reflecting the interests of Arctic and
non-Arctic actors 109
JOJI MORISHITA
9 Participation in the Central Arctic Ocean Fisheries Agreement 132
ERIK J. MOLENAAR
10 The role of transnational knowledge networks and
epistemic communities in Arctic shipping governance 171
RASMUS GJEDSSØ BERTELSEN
11 Russia’s legislative development pertaining to the Northern
Sea Route and its interactions with Sino-Russian Arctic
cooperation 188
LEILEI ZOU
PART IV
The universality of science and the Arctic Council 205
12 The Arctic Science Cooperation Agreement: a perspective
from non-Arctic actors 207
AKIHO SHIBATA
13 State Observers and science cooperation in the Arctic
Council: same same but different? 226
SEBASTIAN KNECHT AND JENNIFER SPENCE
Contents vii
14 China in the Arctic Council: existing problems and
prospective solutions 244
YUANYUAN REN
Appendix 261
Agreement on Enhancing International Arctic Scientific
Cooperation (2017) 261
Agreement To Prevent Unregulated High Seas Fisheries
In The Central Arctic Ocean (2018) 269
Index 278
Illustrations
Figures
8.1 Decreasing sea ice coverage in the Arctic Ocean 110
9.1 The Arctic region: general overview 135
9.2 High seas pockets in the marine Arctic 136
9.3 The high seas portion of the central Arctic Ocean and the
NEAFC Convention Area 155
12.1 Identified Geographic Areas (IGAs) under the Arctic Science
Cooperation Agreement 212
13.1 Observer accession in the Arctic Council over time 230
14.1 China’s Arctic administrative system (2018 update) 259
Tables
8.1 Chronology of main meetings on Central Arctic Ocean fisheries 111
9.1 Selected RFMOs and RFMAs 150
9.2 Structure of the CAOF Agreement 153
Notes on contributors

Rasmus Gjedssø Bertelsen is Professor of Northern Studies and Barents Chair
in Politics at the Department of Social Sciences, UiT The Arctic University of
Norway. He was Japan Society for the Promotion of Science (JSPS) invited
fellow and invited professor at Kobe University in 2017. His research in Inter-
national Relations focuses on the role of knowledge in international politics.
Dalee Sambo Dorough, an Inuk from Alaska, was elected in 2018 as interna-
tional Chair of the Inuit Circumpolar Council (ICC). She serves as a Senior
Scholar and Special Advisor on Arctic Indigenous Peoples at University of
Alaska, Anchorage (UAA), and was previously an Associate Professor of Politi-
cal Science at UAA and served as the Chairperson and an Expert Member
of the United Nations Permanent Forum on Indigenous Issues (UNPFII),
nominated by the Arctic region.
Keiji Ide is the former Ambassador of Japan for Arctic Affairs (2017–2018). He
has been posted in Croatia (as Ambassador of Japan), in Russia and in the Peo-
ple’s Republic of China (as Minister of Embassy of Japan) and in France (as
Counsellor of the Japanese Delegation to the OECD). He published a book in
Japanese entitled History of China–Russia Border Negotiations in 2017.
Sebastian Knecht is a PhD student at the Berlin Graduate School for Transna-
tional Studies at Freie Universität Berlin, Germany. His research areas include
Arctic cooperation, authority and legitimacy of the Arctic Council, and the
politics of observer inclusion in Arctic Council governance. He is the co-editor
of Governing Arctic Change: Global Perspectives and recently co-authored a
German-language textbook on international relations in the Arctic region.
Timo Koivurova is Research Professor and Director at the Arctic Centre, Uni-
versity of Lapland, Finland. His research work addresses the interplay between
different levels of environmental law, legal status of indigenous peoples, law of
the sea in the Arctic waters, integrated maritime policy in the EU, the role of
law in mitigating/adapting to climate change, the function and the role of the
Arctic Council in view of its future challenges.
Bjarni Már Magnússon is an Associate Professor and the chairman of the Insti-
tute of International and European Law at Reykjavík University School of