Analysing the most important concepts and problems of the philosophy of polar law, this book focuses on the legal regimes relating to both the Arctic and Antarctic.
The book addresses the most fundamental concepts and problems of polar law, looking beyond the apparent biophysical similarities and differences of the two polar regions, to tackle the distinctive legal problems relating to each polar region. It examines key legal–philosophical areas of the philosophy of law around legal interpretation; the role of nation states, reflected in concepts of territorial sovereignty – whether recognised or merely asserted, the exercise of jurisdiction, and the philosophical justifications for such claims; as well as indigenous rights, land rights, civil commons and issues of justice.
The book will be of interest to students and scholars of polar law, land law, heritage law, international relations in the polar regions and the wider polar social sciences and humanities.
Table of Contents
Introduction – Emerging Philosophies of Polar Law
Dawid Bunikowski and Alan D. Hemmings
Part I: Fundamental Concepts of the Philosophies of Polar Law
1. The Philosophy of Law in the Antarctic
Alan D. Hemmings
2. The Philosophy of Law in the Arctic
Part II: Western Legal Framings
3. Decolonising Antarctica
4. The Arctic as Civil Commons
5. Philosophy of Science and Legal Disputes over Whaling in the Southern Ocean
David Coady, Brendan Gogarty and Jeffrey McGee
Part III: Indigenous and non-Western Framings
6. Legal (non) Recognition of Sámi Customary Relationship with the Land in Finland: Challenges so ar and Prospects in the Modern Human Rights Era
Leena Heinämäki, Sanna Valkonen and Jarno Valkonen
7. Assimilation Policy contra Cultural Viability in the North
Tom G. Svensson
8. The Predicates of Chinese Legal Philosophy in the Polar Regions
Nengye Liu and Qi Xu
Part IV: The Environment
9. Climate Change and the Role of Indigenous Peoples in Preserving Nature and Biodiversity with Special Emphasis on the Arctic
10. Environmental Perceptions and Values of the Russian Northern Indigenous Peoples
Elena Gladun and Olga V. Zakharova
Dawid Bunikowski is Senior Lecturer in Law at the State University of Applied Sciences in Wloclawek, Poland, Leader of Sub-group of Philosophy of Law at the University of the Arctic, Finland, and Visiting Researcher in the School of Theology (Philosophical Faculty) at the University of Eastern Finland.
Alan D. Hemmings is an Adjunct Associate Professor at Gateway Antarctica at the University of Canterbury, New Zealand.