Issue no. 2/2012
Findings of the Second Conference on the Legal System in the Barents Region, 147–149.
Natalia Loukacheva and Øyvind Ravna
PEER REVIEWED ARTICLES
The Concept and Structure of Russian Ecological Legislation, 152–161.
Mikhail M. Brinchuk
Abstract: The article deals with the concept and structure of the eсоlogical legislation
in the Russian Federation. The author estimates the value of the existing
research on these issues to ensure balanced and harmonic development of
regulation of ecological relations. He determines the object of these relations:
nature (environment) and its individual components: natural objects and complexes.
The subject of ecological legislation, i.e., the totality of public relations
concerning the environment (nature), which are regulated in the law, is given
consideration. Depending on the object the author mentions two approaches to
the development of ecological legislation: integrated and differentiated. In the
context of the federal structure of the Russian Federation he explores rules of
development of ecological legislation at the Federal and regional levels.
Keywords: environment; nature; natural objects and complexes; the concept of
ecological legislation; structure of ecological legislation; the object of ecological
relations; the subject of ecological legislation.
The Axiological Approach to the Regulation of the Right to a Favourable Environment, 162–185.
Abstract: The article is devoted to the problems of the integrative function of
axiology as a special philosophic area which studies the axiological phenomena
of objective reality. The analysis of different interpretations of values in philosophical,
general legal and ecological sense is fulfilled. The axiological approach
in regulation of the right to a favourable (healthy) environment is expressed in
its allotment with particular primacy in relation to other main human rights
and freedoms. In this article the ecological problems of the Arctic and the questions
of its development are examined. Attention is focused on the problems of
international cooperation in the field of environmental protection of the Arctic
as well as on the ways of preserving its sustainable development. In the present
article the ecological situation in Arctic countries is examined in terms of the
Arkhangelsk region of the Russian Federation. The significance of law enforcement
in protection of ecological human rights and the role of the axiological
approach in the practice of the Constitutional Court of the Russian Federation
(CCRF) are investigated. In the article the problems of compensation for damages
caused by infringements on ecological law are determined, and an attempt
is made at solving these. Significant attention is paid to the necessity of theoretical
and practical usage of the axiological approach in the regulation of the right
to a favourable (healthy) environment on the international and domestic levels.
Keywords: Arctic, axiology, ecology, value, right to a favourable environment,
health, best existing technologies.
Use of Correctional and Labour Measures on the Inmates of the Solovetsky Camp in the 1920s and 1930s, 186–199.
Abstract: The main aim of the research behind this article is to analyze changes
in essence of Soviet labour policy in the 20s and 30s of the 20th century and show
the weakness of democratic law under a totalitarian regime. Solovetsky Camp
of Special Destination and its inmates are the subjects of investigation in this
article. Analysis of legal acts and literature of the 1920s shows the correctional
focus of the first labour camps. This fact is confirmed by the number of correctional
institutions and by cultural and educational work. Solovetsky camp was
the first “corrective labor” institution in the USSR, founded in 1923. However,
further reform of the penal system radically reorganized penitentiary institutions
and aimed them at solving economic problems. The result was countrywide
dissemination of forced labour camps like the Solovki.
For many years the Solovki was the largest camp in the Soviet Union, where
the methods of using forced labor on large masses of prisoners were worked out.
Solovki became the main structure in the penal system of the state along with
the other concentration camps. But price of economic achievements were not
commensurate with the number of lost humans lives. The history of Solovetsky
camp reflects main events in the country, while the period of Solovetsky camp
is separate stage of the development of the penitentiary system in Russia.
Keywords: Solovetsky Camp of Special Destination (Soviet Union), penitentiary system, human rights, northern forced labour camps, correctional measures, educational work, social and economic aims.
Indigenous Inuit Law, “Western” Law and Northern Issues, 200–217.
Abstract: The magnitude of rapid changes occurring in the Arctic have generated
a further inquiry on the role of law and existing legal systems in meeting
the many challenges that Northerners, Arctic indigenous peoples and their
communities are facing today. On the one hand, we deal with the pluralism of
legal orders across the Circumpolar Region which can be valuable to finding
innovative solutions for existing issues, and it can be of learning significance
to different Arctic jurisdictions. On the other hand, the dominating influence
of national legal systems and legal procedures on the regulation of internal and
local affairs of the Arctic sub-national entities and their communities raises
the question of the role of indigenous legal traditions and practices in various
Northern issues and developments. By looking mainly at the example of the
Inuit of Canada’s Eastern and Central Arctic (Nunavut), to understand the
Inuit law-ways, at the outset, this essay examines some general features of the
traditional Inuit legal order. Further, by exploring some principles and aspects
that define linkages and interactions between indigenous legal practices and
“Western” law in the Arctic, it raises questions that are essential to our better
understanding of the value of indigenous law in contemporary issues and developments
in the North.
Keywords: Indigenous law, Inuit law, legal pluralism, the Arctic
The Reflection of Multilateral Environmental Agreements (MEAS) in the Barents Environmental Cooperation, 218–243.
Abstract: The Barents Euro-Arctic Region (BEAR) which was founded in 1993
is a dual-layered forum of cooperation between governments and regions in the
Barents Region. It is based on the legally non-binding Kirkenes Declaration,
whose overarching aim is to promote sustainable development in the region. To
this end, the protection of the environment is to be included in all its activities.
This article analyzes the inclusion of the concept of sustainable development in
the cooperative structure of the BEAR based on the 1992 Rio Declaration and
Agenda 21. Several selected Multilateral Environmental Agreements (MEA) are
analyzed against the background of their reflection in the BEAR working procedures.
In the case of some MEAs, different statuses of ratification in Russia and
the Nordic Barents states aggravate their implementation in the BEAR context.
Notwithstanding, the forum has developed different strategies which enable
their successful application for the Barents Region.
Keywords: Barents Euro-Arctic Region; Barents Environmental cooperation;
Multilateral Environmental Agreements; Soft-law cooperation; Sustainable
Development; Russian non-ratification.
The Development of Scientific Cooperation under the Norway-Russia Fisheries Regime in the Barents Sea, 244–274.
Maria Hammer and Alf Håkon Hoel
Abstract: Cooperation between Norwegian and Russian scientists on marine
science in the Barents Sea dates back to the 1950s. Science, as well as the resource
management it serves, has evolved dramatically since then. In terms of its
substance, scientific foci and methods have increased substantially. Previously,
research efforts targeted a few commercial fish species, whereas entire ecosystems
and non–commercial as well as commercial species are addressed today.
A further dimension of change is that of organization of science: While cooperation
was initially sporadic, it has gradually become embedded in a wider
framework of scientific collaboration and become more organized. This framework
is included in the bilateral management of the living marine resources in
the Barents Sea. The Norwegian–Russian Joint Fisheries Commission (JNRFC)
and the International Council for the Exploration of the Sea (ICES) work as the
peer reviewers of science and providers of scientific advice to the authorities
in Norway and the Russian Federation. This article discusses these issues with
regard to developments in science, in international regimes and the role of science
Keywords: Scientific cooperation Norway–Russian Federation, fisheries management,
Issue no. 1/2012
New insights and a better understanding of issues related to the Arctic and the High North
PEER REVIEWED ARTICLES
The EU and the Arctic: European foreign policy in the making
Abstract: The EU is currently reviewing its interests in the High North and has recently started developing an Arctic policy. This article aims at explaining this foreign policy expansion by applying a theoretical framework consisting of three levels: (1) the internal level – viewing EU foreign policy (EFP) as the product of an “organization;” (2) the state level – in specifically accounting for the role played by external actors, primarily states; and (3) the systemic level – viewing the EU and its foreign policy as dependent on structural conditions within the global system. Through interviews, document studies, as well as existing scholarly research,
the article identifies impact from all three analytical levels, including
how the supranational and member-state level combined has been decisive in shaping the final policy outcome. The research identifies the crucial role played by other Arctic states, particularly Canada and Norway. Finally, on the systemic level, key conditions such as global warming and economic forces are recognized as relevant explanatory factors behind the development of the EU’s Arctic policy.
Key words: EU Arctic policy, European foreign policy (EFP), International relations
Unpredictable consequences of Sámi self-determination – rethinking the legal protection of Sámi cultural heritage in Norway
Marit Myrvoll, Alma Thuestad, Elin Rose Myrvoll and Inger Marie Holm-Olsen
Abstract: Sámi cultural heritage is protected in Norway by the Cultural Heritage Act. A 1978 amendment to this Act provides automatic protection to all Sámi cultural heritage sites and buildings older than 100 years. Strong legal protection has in a very positive and constructive way contributed to Sámi identity and cultural self-determination for more than 30 years. This article discusses the current level of protection and different scenarios for future management of Sámi cultural heritage sites and buildings. Background material includes The Arctic Review on Law and Politics, vol. 3, 1/2012 p. 30–50. ISSN 1891-6252 unpredictable consequences of sámi self-determination 31 Norwegian National Sites and Monuments Record, relevant policy documents, and interviews with Sámi cultural heritage management and three Sámi municipalities.
Our results demonstrate that strong legislation for protection of Sámi
cultural heritage, and thus in favour of Sámi cultural rights, can contribute to severe restrictions on future planning and development in local communities. The intent to protect Sámi cultural heritage sites, paradoxically, may in future threaten traditional Sámi land use.
Key words: Sámi, cultural heritage, cultural heritage management, Norwegian
Cultural Heritage Act (1978), protected sites, Nordland, Troms, Finnmark.
The Coastal Sámi of Norway and their rights to traditional marine livelihood
Abstract: The coastal Sámi of Norway have, for thousands of years and long
before the Norwegian state was established, relied on a wide range of marine and terrestrial resources. Due to increased public regulations over the past few decades, it has become difficult to continue their traditional livelihood, combining fishery in local seawaters with husbandry or other local industries on land. Fish quotas have been made tradable, and so to a large extent transferred outside the local communities. This article presents a short historical background, and discusses two legal documents from the 18th century, which are relevant for coastal fishery rights in northernmost Norway. The first is the Lapp Codicil of 1751, which may pertain to the coastal Sámi today when its founding principle – the preservation of the “Lappish Nation” (Sámi Nation) – is duly considered.
The other document is the Land Acquisition Decree of 1775, which included a
formalization of the sea-fishing rights of the inhabitants of Finnmark.
Key words: Coastal Sámi, Finnmark, ancient use, sea-fishing rights, Lapp Codicil (1751), Land Acquisition Decree (1775), UN Declaration on indigenous rights (2007).
Fiskerigrensesaken mellom Norge og Storbritannia og sakens betydning for norsk rett 60 år senere
Susann Funderud Skogvang
Sammendrag: Fiskerigrensesaken mellom Norge og Storbritannia omhandlet
metoden for opptrekkingen av grunnlinjer og er en viktig folkerettslig avgjørelse, særlig sett med norske øyne. Forfatteren belyser hvilken betydning historisk bruk hadde for tolkningen og anvendelsen av folkeretten i Fiskerigrensesaken. Videre drøftes hvordan saken har bidratt til at spørsmål om private fiskerettigheter igjen har blitt satt på dagsorden i den rettsvitenskapelige debatt. Norges anførsler om rettshistoriske forhold knyttet til fiskeriene er derfor fremhevet her. Fiskerigrensesaken har fått ny aktualitet gjennom arbeidet til Kystfiskeutvalget, NOU 2008: 5, samt nyere forskning, som vier saken stor plass.
The Anglo-Norwegian Fisheries case of 1951: This paper deals with one of the most important judgements in international law, concerning the method for measuring the breadth of coastal states’ territorial waters. The fact that Norway was a party means that the case has a special interest from a Norwegian point of view. The paper discusses the Anglo-Norwegian Fisheries case in general and especially the importance of Norwegian traditional use and national legal history in International law. Further, the paper asks whether the case has any importance to questions regarding the right to fish in Norway today. The case has got new actuality through the study of The Coastal Fishing Committee (Kystfiskeutvalget), published as NOU 2008: 5.
Key words: Fisheries case, National legal history, The right to fish, The Coastal Fishing Committee.
Norwegian Baselines, Maritime Boundaries and the UN Convention on the Law of the Sea
Bjørn Geirr Harsson and George Preiss
Abstract: With the signing of the recent agreement with Russia concerning the maritime boundary in the Barents Sea, it can finally be said that all the maritime delimitation lines with which Norway is concerned have been equitably resolved in accordance with the UN Convention on the Law of the Sea (UNCLOS). This paper reviews the events, difficulties, survey procedures and solutions that have led to the completion of the Norwegian maritime boundary definitions. The various UNCLOS concepts of baselines and maritime domains (Territorial Waters, the Contiguous Zone, and the Exclusive Economic Zone) are explained, and reference is made to important national and international decrees and judgments that have been made over the years. Particular attention is drawn to the impact and importance of geodetic considerations on maritime boundary definitions. Practical consequences have arisen through not taking these geodetic impacts
into account, especially since the advent of satellite navigation systems has enabled much improved positioning accuracy out of sight of land, while enormous natural resources have been identified and are being extracted from national maritime domains. The article gives an account of the solutions to these geodetic difficulties that have been negotiated with neighbouring nations.
Key words: United Nations Convention on the Law of the Sea, UNCLOS, baseline, territorial sea, contiguous zone, Exclusive Economic Zone = EEZ, maritime boundaries, geodetic datum, Norway, Jan Mayen, Svalbard, Bouvet Island.