Aurora borealis : studies on polar law and legal comparison / Mauro Mazza.
2017
KZ4110.P65 M39 2017 (Mapit)
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Author
Title
Aurora borealis : studies on polar law and legal comparison / Mauro Mazza.
Imprint
Oisterwijk, The Netherlands : Wolf Legal Publishers, [2017]
Copyright
©2017.
Description
390 pages ; 24 cm
Formatted Contents Note
Climate Change, (Bi-) Polar Law And The Role Of The Arctic Council. 1. Polar Arctic Regions facing climate change and regulatory concepts on which sustainable development is based
2. Arctic Council's initiatives on climate change, between (relevant) sponsorship of scientific research and (weak) influence on Arctic States' climate policies
3. Some first (and synthetic) conclusions on the activities put in place, in the Arctic and in the Antarctic, to face global climate change
Legal Protection Of Arctic Biodiversity. 1. Collection of data on biodiversity in the Arctic, with special attention to the activity carried out by the Arctic Council's Conservation of Arctic Flora and Fauna (CAFF) working group
2. Natural reserves and circumpolar networks for the preservation of biodiversity in the polar arctic region
3. Special relationship between indigenous arctic peoples (Inuit/Eskimo and Saami) and biodiversity
4. Preservation of Arctic biodiversity, in accordance with the instruments of international law
5. Follows: relevant international instruments for the preservation of (wild) aquatic fauna
6. Aspects of the preservation of biological diversity in the Arctic based on the instruments of regional international (treaty) law
7. International conventions that indirectly protect (also) biodiversity
8. Relevance of soft law international instruments
9. Concluding remarks and summary
Faroe Islands Legal System. The Public Dimension
1. Introduction: Faroese (population) historical elements
2. From the political parties in the 19th Century to the grant of the Home Rule in 1948
3. Diachronic evolution of Faroe Islands public law and legal institutions
4. Characteristics of the current Faroese public law system
5. Some modern trends in Faroese law
6. Recent proposals for a new structure of Faroe Islands public law, between secessionist perspectives, constitutional projects and compromise agreements
Towards The Home Rule Government Of Nunavik (Quebec, Canada)? 1. Nunavik Inuit/Eskimo, and the historical encounter with the West
2. The Hydro-Quebec project in James Bay, the opposition of aboriginal people in North Quebec and the conclusion of the James Bay and Northern Quebec Agreement (JBNQA)
3. (Main) Institutions created by JBNQA
4. Nunavik Regional Government foundation's long process, still unfinished
5. The approval of the Agreement-in-Principle in 2007, by the Nunavik Party and both Quebec and federal authorities, and the following political and parliamentary process to form the home rule government of Nunavik
6. First (provisional) conclusions
Aspects Of Governance In The Arctic, With A Particular Emphasis On Respecting Human Rights And Democratic Principles
1. Human rights and characteristics of good governance (i.e.: of democratic governance)
2. Good governance international guidelines and their applicability in the Arctic States
Sami Rights In Norwegian Law And Saami Customary Law
1. The philosophical-political debate on indigenous peoples' rights and the Saami law, in the three dimensions of the Arctic States national law, of the international conventional law (for the protection of indigenous peoples) and of the customary law of Saami aboriginal communities
2.1. The Norwegian law regarding the Saami
2.2. Essential outline of the historical development after World War II
2.3. Profiles of constitutional law
2.4. Aspects of primary rank legislation
2.5. Norwegian law guidelines for Saami aboriginal people's land (and water) rights
3. Profiles of international law
4. Saami customary law and its (problematic) applicability by Norwegian national courts
5. Conclusive evaluations on the preservation of Saami rights in Norway: (many) lights and (some) shadows
Protection Of Saami Aboriginals' Collective Land Rights/Community Commons In Finnmark County (Nothern Norway, Or Nord-Norge)
1. Saami rights to use and share lands in Finnmark, between internal regulation and international obligations assumed by the Kingdom of Norway
2. Traditional set up of Norwegian doctrine and law about Saami aboriginal people's historical rights in Finnmark
3. Innovations introduced by Norway Supreme Court with the rulings in the Selbu and Svartskog disputes, both in 2001
4. Finnmark Act preparatory work: from the Sami Rights Committee to the projects elaborated by the Bondevik government and the Permanent Commission for Justice of the Norwegian National Parliament
5. The Finnmark Commission, established by the Finnmark Act in 2005
6. Organization, operation and jurisdiction of the Land Tribunal for Finnmark
7. Some problematic aspects connected to the implementation of the Finnmark Act
8. Conclusive evaluations, de lege ferenda perspectives and (short) comparative considerations
Saami's Self-Determination And Self-Government In Scandinavia. 1. Essential outlines of the right of self-determination of (indigenous) people as collective human right within international law
2. Some problematic aspects of Saami transnational people self-determination between international law and constitutional/public law of the Scandinavian Countries
3. The planned Nordic Saami Convention, in the perspective of self-determination/self-government of the Saami transnational indigenous communities
4. Saami's participation in the political decision process and the role of the Saami parliaments in the Scandinavian Countries
Evolution Prospects Of The Inuit/Eskimo Governance Within Arctic Governance. 1. The concept of sustainable governance in the Arctic, in relation to human rights, and the Inuit governance.
2.0. The type of agreements that were signed by the Arctic States authority and the representatives of the Inuit (transnational) population
2.1. The experience of the Inuit in Alaska (USA)
2.2. The experience of the Inuit in Cukotka (Russia)
2.3. The experience of Greenland (Denmark)
2.4. The experience of the North-West Territories and the Yukon (Canada): the Inuvialuit Settlement Region (ISR)
2.5. The experience of the Nunavut Territory (Canada), with observations comparing it to the exploitation of mineral resources (especially uranium) in Greenland
2.6. The experience of Newfoundland and Labrador Provinces (Canada): the Nunatsiavut Government of the Inuit in Labrador
2.7. The action brought by the Inuit to the Inter-American Commission on Human Rights (IACHR): climate change as an international human rights violation?
2.8. Some concluding remarks on Inuit rights and interests, within global environmental changes and the internationalization of the economy
Renewable Energies In The Polar Arctic Region. 1. The energy produced by renewable sources, in view of sustainable development and energy security in the Arctic
2. The main legal views on the renewable energy resources
3. Renewable energy in the North Pole, between potential and criticality
Natural Resources (Non-Renewable) In The Arctic: Oil, Gas And Minerals Extraction. 1. Aboriginal rights, human rights and Arctic natural resources
2. The ownership regime related to natural resources in the Arctic States
3. Indigenous people's (co-) decision and participation rights in relation to mineral exploration, to oil, gas and minerals extraction and commercialization (aboriginal oil and gas rights)
4. Case study: what do inhabitants think of the exploitation of mineral resources? Let's give the floor to the Greenlanders
1. Introduction to tourism in the Antarctic
2. The Antarctic Treaty System (ATS) and its reflection on tourism activities
Conclusion.
2. Arctic Council's initiatives on climate change, between (relevant) sponsorship of scientific research and (weak) influence on Arctic States' climate policies
3. Some first (and synthetic) conclusions on the activities put in place, in the Arctic and in the Antarctic, to face global climate change
Legal Protection Of Arctic Biodiversity. 1. Collection of data on biodiversity in the Arctic, with special attention to the activity carried out by the Arctic Council's Conservation of Arctic Flora and Fauna (CAFF) working group
2. Natural reserves and circumpolar networks for the preservation of biodiversity in the polar arctic region
3. Special relationship between indigenous arctic peoples (Inuit/Eskimo and Saami) and biodiversity
4. Preservation of Arctic biodiversity, in accordance with the instruments of international law
5. Follows: relevant international instruments for the preservation of (wild) aquatic fauna
6. Aspects of the preservation of biological diversity in the Arctic based on the instruments of regional international (treaty) law
7. International conventions that indirectly protect (also) biodiversity
8. Relevance of soft law international instruments
9. Concluding remarks and summary
Faroe Islands Legal System. The Public Dimension
1. Introduction: Faroese (population) historical elements
2. From the political parties in the 19th Century to the grant of the Home Rule in 1948
3. Diachronic evolution of Faroe Islands public law and legal institutions
4. Characteristics of the current Faroese public law system
5. Some modern trends in Faroese law
6. Recent proposals for a new structure of Faroe Islands public law, between secessionist perspectives, constitutional projects and compromise agreements
Towards The Home Rule Government Of Nunavik (Quebec, Canada)? 1. Nunavik Inuit/Eskimo, and the historical encounter with the West
2. The Hydro-Quebec project in James Bay, the opposition of aboriginal people in North Quebec and the conclusion of the James Bay and Northern Quebec Agreement (JBNQA)
3. (Main) Institutions created by JBNQA
4. Nunavik Regional Government foundation's long process, still unfinished
5. The approval of the Agreement-in-Principle in 2007, by the Nunavik Party and both Quebec and federal authorities, and the following political and parliamentary process to form the home rule government of Nunavik
6. First (provisional) conclusions
Aspects Of Governance In The Arctic, With A Particular Emphasis On Respecting Human Rights And Democratic Principles
1. Human rights and characteristics of good governance (i.e.: of democratic governance)
2. Good governance international guidelines and their applicability in the Arctic States
Sami Rights In Norwegian Law And Saami Customary Law
1. The philosophical-political debate on indigenous peoples' rights and the Saami law, in the three dimensions of the Arctic States national law, of the international conventional law (for the protection of indigenous peoples) and of the customary law of Saami aboriginal communities
2.1. The Norwegian law regarding the Saami
2.2. Essential outline of the historical development after World War II
2.3. Profiles of constitutional law
2.4. Aspects of primary rank legislation
2.5. Norwegian law guidelines for Saami aboriginal people's land (and water) rights
3. Profiles of international law
4. Saami customary law and its (problematic) applicability by Norwegian national courts
5. Conclusive evaluations on the preservation of Saami rights in Norway: (many) lights and (some) shadows
Protection Of Saami Aboriginals' Collective Land Rights/Community Commons In Finnmark County (Nothern Norway, Or Nord-Norge)
1. Saami rights to use and share lands in Finnmark, between internal regulation and international obligations assumed by the Kingdom of Norway
2. Traditional set up of Norwegian doctrine and law about Saami aboriginal people's historical rights in Finnmark
3. Innovations introduced by Norway Supreme Court with the rulings in the Selbu and Svartskog disputes, both in 2001
4. Finnmark Act preparatory work: from the Sami Rights Committee to the projects elaborated by the Bondevik government and the Permanent Commission for Justice of the Norwegian National Parliament
5. The Finnmark Commission, established by the Finnmark Act in 2005
6. Organization, operation and jurisdiction of the Land Tribunal for Finnmark
7. Some problematic aspects connected to the implementation of the Finnmark Act
8. Conclusive evaluations, de lege ferenda perspectives and (short) comparative considerations
Saami's Self-Determination And Self-Government In Scandinavia. 1. Essential outlines of the right of self-determination of (indigenous) people as collective human right within international law
2. Some problematic aspects of Saami transnational people self-determination between international law and constitutional/public law of the Scandinavian Countries
3. The planned Nordic Saami Convention, in the perspective of self-determination/self-government of the Saami transnational indigenous communities
4. Saami's participation in the political decision process and the role of the Saami parliaments in the Scandinavian Countries
Evolution Prospects Of The Inuit/Eskimo Governance Within Arctic Governance. 1. The concept of sustainable governance in the Arctic, in relation to human rights, and the Inuit governance.
2.0. The type of agreements that were signed by the Arctic States authority and the representatives of the Inuit (transnational) population
2.1. The experience of the Inuit in Alaska (USA)
2.2. The experience of the Inuit in Cukotka (Russia)
2.3. The experience of Greenland (Denmark)
2.4. The experience of the North-West Territories and the Yukon (Canada): the Inuvialuit Settlement Region (ISR)
2.5. The experience of the Nunavut Territory (Canada), with observations comparing it to the exploitation of mineral resources (especially uranium) in Greenland
2.6. The experience of Newfoundland and Labrador Provinces (Canada): the Nunatsiavut Government of the Inuit in Labrador
2.7. The action brought by the Inuit to the Inter-American Commission on Human Rights (IACHR): climate change as an international human rights violation?
2.8. Some concluding remarks on Inuit rights and interests, within global environmental changes and the internationalization of the economy
Renewable Energies In The Polar Arctic Region. 1. The energy produced by renewable sources, in view of sustainable development and energy security in the Arctic
2. The main legal views on the renewable energy resources
3. Renewable energy in the North Pole, between potential and criticality
Natural Resources (Non-Renewable) In The Arctic: Oil, Gas And Minerals Extraction. 1. Aboriginal rights, human rights and Arctic natural resources
2. The ownership regime related to natural resources in the Arctic States
3. Indigenous people's (co-) decision and participation rights in relation to mineral exploration, to oil, gas and minerals extraction and commercialization (aboriginal oil and gas rights)
4. Case study: what do inhabitants think of the exploitation of mineral resources? Let's give the floor to the Greenlanders
1. Introduction to tourism in the Antarctic
2. The Antarctic Treaty System (ATS) and its reflection on tourism activities
Conclusion.
Summary
"Polar law represents a new frontier of comparative law. In particular, polar law deals with ancient questions, such as the legal status of Arctic indigenous peoples, particularly with regard to Inuit/Eskimo and Saami/Lapps, in the general context of protecting and promoting minority rights, as well as issues more recently come to the attention of scholars, as with the impact of climate change on the Arctic and Subarctic environment, protection of bio-cultural diversity in the polar regions, the exploitation of vast natural resources, including primarily oil, of the North Pole, the compatibility of scientific research and conservation of natural areas of the South Pole with the increase of tourism activities. The book examines, in an interdisciplinary perspective and with special regard to the issues of comparative public law, the actual problems of the polar areas, geographically at the edge of the world but politically and legally in his heart"--Back cover.
Bibliography, etc. Note
Includes bibliographical references (pages 277-390).
Location
STA
Call Number
KZ4110.P65 M39 2017
Language
English
ISBN
9789462403833 (paperback)
946240383X (paperback)
9789462404113 (e-book)
946240383X (paperback)
9789462404113 (e-book)
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