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Philosophies of Polar Law




ISBN 9781138618558
Published July 23, 2020 by Routledge
204 Pages 2 B/W Illustrations

 
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Book Description

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

Dawid Bunikowski

Part II: Western Legal Framings

3. Decolonising Antarctica

Alejandra Mancilla

4. The Arctic as Civil Commons

Giorgio Baruchello

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

Agnieszka Szpak

10. Environmental Perceptions and Values of the Russian Northern Indigenous Peoples

Elena Gladun and Olga V. Zakharova

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Editor(s)

Biography

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.