Arctic Review on Law and Politics

Issue Number

Latest documents

Introduction: Security and Military Power in the Arctic
For a long time, the Arctic has been regarded as a stable region with low tension. However, even though low tension prevails, it is a fact that the circumpolar region also encompasses some of the world’s most capable and potent military capabilities. The key role of the Arctic regarding security issues, international relations and geopolitics, is sometimes underplayed or not fully understood. These aspects of security are investigated in this thematic issue of Arctic Review on Law and Politics
Navigational Rights for Warships in the Northwest and Northeast Passages
Climate change has renewed the debate about shipping in the Arctic due to an expected reduction of ice in these sea lanes. Because of the Arctic slowly opening, allowing for more activity, navigational rights for ships have caught the attention of the world once again, including those of warships. Through analysing the navigational regime for warships in the Northwest and Northeast Passages, this article aims to introduce the different rules for navigation and the consequences for maritime operations in the Arctic, including the right to overflight. The United Nations Convention on the Law of the Sea provides navigational rights for warships and overflight in peace time operations, but the matter of which navigation rules should apply in the passages is under debate. Based on an analysis of the Convention, case law, legal theory and customary law, the article aims to shed light on different interpretations of the legal regimes of navigation in the passages and which rules should apply to warships and overflight in the future
Russian Certainty of NATO Hostility: Repercussions in the Arctic
How does a security dilemma dynamic between parties deemed not to hold hostile intentions toward each other emerge and escalate? This article investigates Russian official discourse on NATO engagement in Europe post-Crimea (2014), and its impact on security interaction in the Arctic. We also examine how Russia represents NATO intentions and actions in a context seen by Russia as a relation of war. We identify the effect of these changing representations of self and other for the emerging securitization dilemma in relations between Russia and NATO, arguing that they have replaced uncertainty about NATO’s hostile intentions with certainty. Although Russia still articulates the Arctic as a unique cooperative region, there may be little space left for non-conflictual Russian action when encountering NATO in the Arctic. We highlight the agency and importance of evolving political rhetoric in creating a dangerous situation where lethal conflict can occur between parties who do not seek it, and also suggest that adjustments to patterns of official speech could be a tool of mitigation
The Strategic Role of Land Power on NATO's Northern Flank
The debate about how to defend NATO’s northern flank is closely connected to geographic particularities, the demanding Arctic climate, as well as to ever-evolving technological developments. This research article aims at investigating the role land power plays in this region, with a special focus on northern Norway. Through investigating how structure and composition of land forces matter at the political-strategic level, as well as the role played by allied land forces in Northern Norway, this article seeks to better connect the ongoing debate about the structure of land forces in northern Norway to the political-strategic level. The article seeks to answer the research question by using historical sources and official military documents, as well as qualitative interviews
U.S. Marines and NATO's Northern Flank
Alignment but not Alliance: Nordic Operational Military Cooperation
Since the start of the Ukrainian crisis in 2014, the Nordic states have sought to advance their defence cooperation “beyond peacetime” to also encompass operational military cooperation in crisis and armed conflict. Relations between the two Nordic non-NATO members, Sweden and Finland, have formed a vanguard, encompassing bilateral operational planning beyond peacetime. While no formal security policy guarantees have been exchanged, Sweden and Finland have created strong expectations that they will lend each other support in a crisis. In short, while no formal alliance treaty exists, the two states have nevertheless become closely aligned. In 2020, Sweden and Finland joined NATO member Norway in signalling their intention to strengthen their trilateral defence relationship. The following year, NATO members Norway and Denmark signed a similar agreement with Sweden. The goal of these documents was to coordinate their national operational plans – their “war plans” – and perhaps develop some common operational plans. In this article, it is argued that these agreements fall short of a formal military alliance, but that they represent an alignment policy between the Nordic states
The Russian Northern Fleet and the (Re)militarisation of the Arctic
Over the last decade, Russia has considerably ramped up its military presence in the Arctic. This is something that attracted much attention from Western countries, especially against the backdrop of deteriorated relations and general mistrust following the annexation of Crimea in 2014. Current developments are to some extent familiar, as they echo the militarisation of the Arctic during the Cold War and the attendant US-Soviet tensions. Although comparisons with the Soviet Union’s Arctic military posture lie close at hand, we need to analyse Russia’s current military build-up in the Arctic with fresh eyes. Two of the most indicative developments were studied. Firstly, the formation of a single Arctic military command, with its implications for a reassessment of the Arctic strategic direction; secondly, the physical expansion of its Arctic military footprint, which includes both the construction of modern facilities and the increased activity of its armed forces there. In both these developments, the Northern Fleet is taking on a leading role, but the overall military posture relies on other military and civilian actors as well, and is closely related to security concerns of the developing latitudinal axis of the Northern Sea Route, rather than the Cold War longitudinal axis of a massive nuclear weapons exchange
Global Standards, Corporate Diagrams and Indigenous Agency: ExxonMobil in Russia and Alaska
This paper examines how a transnational corporation (TNC) translates global standards and corporate policies into programs at sites of extraction. We explore this question through a comparative analysis of ExxonMobil’s operations in two different politico-economic contexts: the Sakhalin-1 project in Russia and the Point Thomson project on the North Slope of Alaska, with field work on Sakhalin Island in 2013–2015 and in Alaska in 2015–2018. Theoretically, we use the Deleuzian concept of “diagram” as a lens through which to examine corporate policies, and a governance generating network (GGN) approach to analyze similarities and differences in benefit-sharing programs in both localities. We show that while global commitments and corporate principles contribute to a standardized approach to community engagement, Indigenous movements and associations, the government, and other corporate actors may play important roles in influencing how corporate policies and global standards are implemented at sites of extraction. Moreover, adaptation of community engagement, benefit-sharing, and environmental monitoring in one location may shape how the company’s strategies are implemented in other sites of extraction
Cumulative Effects of Industrial Development and Treaty 8 Infringements in Northeastern British Columbia: The Litigation Yahey v. BC (S151727) - Case Comment
On June 29, 2021, the BC Supreme Court issued the verdict of the Yahey v. British Columbia litigation (S151727). For the first time in Canadian legal history, a First Nation Band (BRFN – BlueBerry River First Nation) sued a provincial Government for the cumulative effects of industrial development intertwined with Treaty 8 infringements. The proceeding lasted for six years (2015–2021), with more than 160 days of trials and dozens of hours of affidavits sworn, and it resulted in a ground-breaking verdict. The Court recognised that in authorising industrial development, the Province had been unable to consider and deal with the cumulative impacts that projects had on the traditional lifestyle of BRFN members, besides breaching its obligation to BRFN under Treaty 8. This comment argues that by recognising that the Province cannot continue to authorise activities that breach Treaty 8 and Section 35 of the 1982 Constitution, the verdict may pave the way to a real implementation of the FPIC (Free, Prior and Informed Consent) in the BC legal framework. The ruling provides that the BC Government and the Band engage in meaningful consultation and negotiation to enforce mechanisms to assess and manage cumulative effects on the BRFN traditional territory. The parties were given six months to negotiate based on the litigation outcomes. On October 7, 2021, a preliminary agreement between the BRFN and the BC Province was signed. Important issues had been addressed throughout the trial. From confidentiality and the duty to consult in good faith to the constitutionality of Court hearing fees and the possibility to obtain other kinds of injunctions until the trial; the outcomes of this litigation may well be considered as a milestone to advance the Canadian legal framework, further recognising essential rights of Canadian Indigenous peoples in terms of Constitutional, social, and environmental justice
Girjas Reindeer Herding Community v. Sweden: Analysing the Merits of the Girjas Case
For the first time in the Swedish Supreme Court, a small Sami reindeer herding community has won an important victory affirming the community’s small game hunting and fishing rights. Because of protracted use and the concept of immemorial prescription, the Court recognised the community’s exclusive hunting and fishing rights, including the right to lease these rights to others. Such leases have long been prohibited by legislation and the State has retained its powers to administer such leases. This case signifies a considerable development in the area of Sami law. In its decision, the Supreme Court made some adjustments to the age-old doctrine of immemorial prescription, and provided insights into how historic evidence should be evaluated when the claimant is an Indigenous people. A common motivator for these adjustments is an enhanced awareness of international standards protecting Indigenous peoples and minorities. Even ILO Convention No. 169 – the only legally binding convention concerning Indigenous rights, but which Sweden has not yet ratified – is relevant when it comes to evaluating Sami customary uses. The Court addressed the problem of gaps in the historical material and used evidence from other parts of Swedish Lapland and adjacent time-periods, making reasonable assumptions to fill in these gaps. The Court imposes on the State the burden of proof regarding the extinguishment of already established Sami rights, as well as proof that extinguishment by legislation or expropriation, is “clear and definitive”. These conditions were not met in this case.