Polar Law Symposium 2018 - Tromsø

ABOUT THE SYMPOSIUM 

The eleventh Polar Law Symposium was held at UiT The Arctic University of Norway in Tromsø where leading experts in the field of Polar Law and Arctic Governance were brought together. The symposium covered a wide variety of topics relating to the Arctic and Antarctic. Topics includes: Rights of Indigenous Peoples in Arctic States; Arctic Marine Governance in Areas Beyond National Jurisdiction, Svalbard and Icebergs; An Exchange of views on the History and Future of Polar Law; Climate law and the Polar Regions; Arctic Governance: Institutions; Transitional Justice, Energy Justice, and Environmental Justice; Antarctica; Rights of Indigenous Peoples in Arctic States; Sustainable Development Issues; The Central Arctic Ocean Fisheries Agreement (CAOF Agreement); New challenges; Ten years of the law of the sea in an Arctic Context: celebrating the LLM program at UiT The Arctic University of Norway; Arctic Marine Governance and Environmental Protection and History of Polar Law “The Seminars on the Small Nations of the North” convened by Professor Atle Grahl-Madsen. The eleventh Polar Law Symposium was organized by the Faculty of Law at UiT The Arctic University of Norway, the K.G. Jebsen Centre for the Law of the Sea (JCLOS), and the research group for Sami Law. 

THE 2018 POLAR LAW PROGRAM 

Welcome and conference opening

Professor Ingvild Jakobsen, Associate Dean, Faculty of Law, UiT The Arctic University of Norway, on behalf of the Rector, Professor Anne Husebekk, and of the Dean of the Faculty of Law, Professor Lena L. Bendiksen

Professor Øyvind Ravna, Faculty of Law, UiT The Arctic University of Norway, and chair of the research group for Sami Law

Professor Tore Henriksen, Centre Leader, K.G. Jebsen Centre for the Law of the Sea (JCLOS)

Keynote speaker

Chair: Øyvind Ravna

President Aili Keskitalo, Sami Parliament of Norway

Rights of Indigenous Peoples in Arctic States (I) (simultaneous session)

Chair: Øyvind Ravna

Bent Ole Gram Mortensen, Department of Law, University of Southern Denmark, 'Natural Resources, indigenous rights and self-government: Denmark's obligations and the Greenlanders' rights regarding natural resources in Greenland'

Rachael Lorna Johnstone, Arctic Oil and Gas Studies, Ilisimatusarfik and University of Akureyri, Iceland, 'Applying FPIC Where Indigeneity is Contested: the Case of Greenland'

Valentina De Gregorio, International University College of Turin, Italy, 'Indigenous women migrations from Arctic region rural areas: the way out'

Grant Christensen, Faculty of Law, University of North Dakota, USA,'Native Alaskans and an Indigenous Perspective on Corporate Governance'

Arctic Marine Governance in Areas Beyond National Jurisdiction, Svalbard and Icebergs (simultaneous session)

Chair: Vito De Lucia

Robert C. Steenkamp, University of Hamburg, Germany, 'Svalbard’s ‘Snow Crab Row’: A Curtain-Raiser to future Norway-EU Arctic Relations?'

Tore Henriksen, JCLOS, UiT The Arctic University of Norway, 'Shipping and Area-based measures in ABNJ'

Kristine Dalaker Kraabel, JCLOS, UiT The Arctic University of Norway, 'Possible Interactions between a BBNJ Treaty and Arctic Marine Governance'

Julia Jabour, Oceans and Antarctic Governance Research Program, Institute for Marine and Antarctic Studies, University of Tasmania, Australia, 'The Worth of Water: Designing a legal regime to regulated iceberg harvesting'

Plenary Discussion Session: An Exchange of views on the History and Future of Polar Law

Professor Donald Rothwell of Australian National University and Professor Erik J. Molenaar, JCLOS, UiT The Arctic University of Norway, will discuss the history, development and future of polar law according to three main themes. Professor Rachael Lorna Johnstone, of the University of Akureyri and the University of Greenland will moderate the session, introducing the themes and fielding questions from the floor.

The themes are as follows:

• The history of polar law and the interaction of Arctic law and Antarctic law with the global legal order;

• The influence and expectations of new actors at the poles;

• The future development of polar law, anticipated challenges and potential solutions.

Climate law and the Polar Regions (simultaneous session)

Chair: Christian Prip

Elise Johansen, JCLOS, UiT The Arctic University of Norway, 'The role of the law of the sea in climate change litigation'

Seita Romppanen, Law School, the Center for Climate Change, Energy & Environmental Law (CCEEL) University of Eastern Finland, 'EU law on black carbon & Arctic climate governance'

Arctic Governance: Institutions (simultaneous session)

Chair: Timo Koivurova

Sakiko Hataya, Graduate school of International Cooperation Studies, Kobe University, Japan, 'The Establishment of a Permanent Secretariat for the Arctic Council and Its Evolving Functions'

 Yelena Yermakova, Cornell University, USA; University of Oslo, Norway, 'Future Governance of the Arctic: Press, Policy, and the Arctic Council'

Transitional Justice, Energy Justice, and Environmental Justice (simultaneous session)

Chair: Margherita Poto

Astrid Nonbo Andersen, Danish Institute for International Studies, Denmark, 'This isn’t South Africa’ – on using the analytical tools of transitional justice in Greenland'

Sarah E. Mackie, Newcastle University, UK, 'Bearing the Burden: Environmental Injustice in the Protection of the Polar Bear'

Antarctica (simultaneous session)

Chair: Julia Jabour

Kees Bastmeijer, Tilburg Law School, Tilburg University, the Netherlands, 'Antarctica: A Continent to Consume or Conserve? An inventory of strategic approaches for limiting the human footprint in Antarctica'

Alejandra Mancilla, Department of Philosophy, Classics, History of Art and Ideas, University of Oslo, Norway, 'A normative framework for claims over territory and natural resources in Antarctica'

Leilei Zou, Polar Cooperation Research Centre, Graduate School of International Cooperation Studies, Kobe University, Japan and Research Institute of Marine Policy and Law, Shanghai Ocean University, China, 'The Ross Sea MPA: Puzzles Arising from Rights and Interests Claims'

Keynote Speaker

Chair: Nigel Bankes

Christian Prip, David Sheppard and Fabio Hazin, submitted to the IWC in April, 2018 and was discussed at the 67th Meeting of the IWC in Brazil in September 2018. Christian Prip, Fridtjof Nansen Institute, 'Report of the Independent Review Team on Institutional and Governance Arrangements for the International Whaling Commission'

Rights of Indigenous Peoples in Arctic States (II) (simultaneous session)

Chair: Kristina Labba

Ánde Somby, Faculty of Law, UiT The Arctic University of Norway, 'Norms on coexistence between nation states and indigenous peoples contextualized'

Raphael Oidtmann, Department of Law, University of Mannheim, Germany, 'The Application of International Criminal Justice in the Arctic'

Krittika Singh, Arctic Centre, University of Lapland, 'Addressing Impacts of Shipping on Indigenous Marine Use: a case study from Canada'

Sustainable Development Issues (simultaneous session)

Chair: Elise Johansen

Akiho Shibata, Polar Cooperation Research Centre, Kobe University, Japan, 'Achieving Sustainability in Arctic Resource Development: The Role of International Law'

Natalia Loukacheva, University of Northern British Columbia, Canada, 'Human Rights to Food and Health and Food Security in Canada’s Eastern Arctic'

Gunnar Sander, Norwegian College of Fishery Science, UiT The Arctic University of Norway, 'Slow progress on a better regime for environmental impact assessments'

Keynote Speaker

Chair: Tore Henriksen

Marit Reigstad, Professor, Department of Arctic and Marine Biology, UiT The Arctic University of Norway, 'The Nansen Legacy – a new science structure to explore the new marine Arctic'

The Central Arctic Ocean Fisheries Agreement (CAOF Agreement) (simultaneous session)

Chair: Natalia Loukacheva

Valentin J. Schatz, University of Hamburg, Germany, 'The Provisions for Participation of the CAOF Agreement: A Critical Analysis'

Erik J. Molenaar, JCLOS, UiT The Arctic University of Norway, 'The CAOF Agreement in the Broader Context of International Law'

Nigel Bankes, JCLOS, UiT The Arctic University of Norway, 'The CAOF Agreement and Indigenous Interests'

New challenges (simultaneous session)

Chair: Kees Bastmeijer

Maria Madalena das Neves, JCLOS, UiT The Arctic University of Norway, 'Floating Nuclear Power Plants in the Arctic: A Discussion of Advantages, Disadvantages, and the Regulatory Framework'

Marcin Dymet, Arctic Centre, University of Lapland, Rovaniemi, Finland, 'Letters from the future: Science fiction as source material for thought experiments describing potential Arctic futures'

Kamrul Hossain, Northern Institute for Environmental and Minority Law, Arctic Centre, University of Lapland, Rovaniemi, Finland, 'Infrastructure development along the Arctic coast: Environment, economy and security implications'

Ten years of the law of the sea in an Arctic Context: celebrating the LLM program at UiT The Arctic University of Norway.

Chair: Maria das Neves

Dorottya Bognar, Faculty of Humanities, Social Sciences and Education, UiT The Arctic University of Norway, 'The negotiation of the mandatory Polar Code and decision-making at the IMO'

Andreas Raspotnik, Fridtjof Nansen Institute, Norway, and The Arctic Institute, Washington DC, USA, 'Step by Step: The European Union, an Arctic Actor?'

Keynote Speaker

Chair: Ellen Hey

Marie Jacobsson, Ambassador, Principal Legal Adviser on International Law, Ministry of Foreign Affairs, Sweden, 'From Antarctic minerals to Arctic security concerns and much in between'

Arctic Marine Governance and Environmental Protection (simultaneous session)

Chair: Kamrul Hossain

Christian Prip, The Fridtjof Nansen Institute, Norway, 'Arctic Marine Governance – quo vadis?'

Lena Schøning, JCLOS, UiT The Arctic University of Norway, 'Scoping the Norwegian Ocean Management Plans'

History of Polar Law “The Seminars on the Small Nations of the North” convened by Professor Atle Grahl-Madsen (simultaneous session)

Chair: Guðmundur S Alfreðsson

Guðmundur S Alfreðsson, University of Akureyri, Iceland

Gun-Mari Lindholm, Speaker of the Åland Parliament, Finland

Göran Lindholm, Chairman of Ålands Mutual Insurance Company, Finland Elisabeth Nauclér, former member for the Åland Islands in the Finnish Parliament (2007 – 2015), Finland

Closing Remarks

Tore Henriksen and Nigel Bankes

12th Polar Law Symposium - 2019, Hobart, Australia Julia Jabour, Institute for Marine and Antarctic Studies, University of Tasmania

Guðmundur S Alfreðsson