Hydrocarbon activity can be both harmful and hazardous. It is harmful if, in the course of normal operations, it damages its surrounding environment and/or the interests of other states. States and operators should implement a number of technical measures to ensure that the impacts remain below the…
Hydrocarbon activity can be both harmful and hazardous. It is harmful if, in the course of normal operations, it damages its surrounding environment and/or the interests of other states. States and operators should implement a number of technical measures to ensure that the impacts remain below the legally relevant threshold of ‘significant’ harm. However, hydrocarbon activities are also inherently hazardous because there is always a risk of a low probability-high impact accident, e.g., an oil spill or an explosion. The harsh conditions of the Arctic coupled with its sensitive biodiversity mean that activities in the Arctic are more hazardous than in more temperate parts of the World.
This paper addresses three themes to clarify the rights and responsibilities of states pursuing offshore hydrocarbon development in the Arctic: international law regarding permanent sovereignty and constraints to protect the environment, the interests of other states and the rights of indigenous and other peoples; the role and limitations of the Arctic Council; and the challenge of indigenous sovereignty and indigenous rights.
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Editor:
Robert W Corell; Jong Deog Kim; Yoon Hyung Kim; Arild Moe; Charles E Morrison; David L VanderZwaag; Oran R Young
Årstal:
2020
Emner:
Hydrocarbons; Arctic; Indigenous peoples; Environmental law; Arctic Council
Titel på tidsskrift:
The Arctic in World Affairs
Volumen af tidsskriftet:
2019
Publikationssted:
Busan
Publikationsland:
Republic of Korea
ISSN nummer:
979-11-89226-67-1
Konferencenavn:
2019 North Pacific Arctic Conference Global-Arctic Interactions: The Arctic Moves from Periphery to Center
Konferenceby:
Hawaii
Konferenceland:
United States of America