Offshore Oil and Gas Development in the Arctic under International Law

Johnstone, Rachael Lorna

doi:10.1163/9789004283398

Cited by 15 publications

(6 citation statements)

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“…The suspension of the Arctic Council’s operations is also negatively impacting the availability of accurate and comprehensive scientific data on the Arctic for decision-makers, at the international, regional and national levels (Johnstone, 2015). For instance, the isolation of Russia will close access to one of the largest Arctic maritime zones for scientific purposes.…”

Section: Asian States’ Science Diplomacy: a Middleman At A Time Of Co...mentioning

confidence: 99%

Science diplomacy and Asian states: Transforming the governance landscape in the Arctic

Argüello,

Rafaly

2023

Polar Record

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As ice recedes, the governance of the Arctic is undergoing a significant change. What was once considered a frozen desert with little relevance to the legal system, the Arctic has gradually become a global object of governance. Furthermore, the growing political salience of the Arctic Ocean has generated interest in its governance beyond Arctic states, particularly Asian states such as China, India, Japan, Singapore and South Korea. These countries have been actively participating in regional cooperation arrangements, including the Arctic Council. Undoubtedly, science diplomacy has been an important driver in shaping the governance of the Arctic and maintaining it as a low-tension area. However, this perception is now being put to the test following the Russian invasion of Ukraine. Amidst this crisis, we explore whether science diplomacy can continue to promote peaceful collaboration in the Arctic region. Our research suggests that science diplomacy could potentially aid in the future of Arctic governance, particularly with regard to the involvement of Asian states. We analyse the legal and geopolitical factors involved in determining the potential roles of Asian states in Arctic governance, including whether they could serve as a bridge between the West and Russia or if their actions might further fragment Arctic governance.

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Section: Asian States’ Science Diplomacy: a Middleman At A Time Of Co...mentioning

confidence: 99%

Science diplomacy and Asian states: Transforming the governance landscape in the Arctic

Argüello,

Rafaly

2023

Polar Record

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“…Regarding DSM, the seabed cannot be exploited without disturbing the superjacent water column or inflicting environmental degradation on neighboring areas (Johnstone, 2015). Therefore, the no harm principle can only be implemented effectively by the ISA in the presence of accountability and legitimacy as states are obliged to assume responsibility for possible harmful effects on the environment resulting from their actions.…”

Section: No Harm Principlementioning

confidence: 99%

Deep-Seabed mining in the Common Heritage of Humankind

Wiessing

2023

Preprint

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Replacing our fossil fuel dependency with renewable energy requires scarce metals found on the deep-seabed floor in areas beyond national jurisdiction. These can be obtained through deep-seabed mining (henceforth referenced to as DSM). However, significant biodiversity can be found here, which produce ecosystem services that are critical to the health of the oceans. Although there is limited knowledge on the short-term and long-term effects of DSM on biodiversity, initial research has shown it to be detrimental to biodiversity and result in permanent habitat destruction. Therefore, the International Seabed Authority (ISA) is mandated to organize and regulate all forthcoming deep-seabed-related activities whilst ensuring that the marine environment is protected from harmful effects that may arise from it. However, the ISA’s legtitimacy and accuntability should systematically be reviewed to ensure good and effective governance practises over DSM in areas that are common heritage of humankind. This research seeks to invevstigate this by interviewing 10 relevant stakeholders and asking questions in line with the following sub-criteria: input legitimacy, throughput legitimacy, output legitimacy, information disclosure and addressing concerns. According to the interviewees, the ISA scored medium in most sub-criteria and low in information disclosure. Thus, although improved, it was found that relevant stakeholders do not yet perceive legitimacy and accountability as satisfactory with regards to DSM, which is severe given that the ISA is charged to act on behalf of humankind. Many reasons and accompanying examples were given for the low scores. These included inadequate quality of the website and DeepData database, bias of the Secretariat and secrecy surrounding the procedures of the Legal and Technical Commission. This means that the ISA is under capacitated and in need of reform. Especially considering the differing societal needs and scientific information available regarding biodiversity in the deep-sea since the ISA’s set-up in 1982. These findings indicate and explain the ISA’s shortcomings which provides optimal opportunities for reform of the ISA. Also, this research fuels current debates in a positive manner, which might make people more aware of this complex yet crucial sustainability issue that will partially determine future energy transitions.

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“…Rather, they build on existing general international treaties and encourage practical cooperation (Durfee & Johnstone, 2019). Disputes are settled by direct consultations between parties meaning they are "basically unenforceable" (Johnstone, 2015).…”

Section: How Are the Norms And Rules Of How The Council Operates Evol...mentioning

confidence: 99%