Rachael Lorna Johnstone

Offshore Oil and Gas Development in the Arctic under International Law

Offshore Oil and Gas Development in the Arctic under International Law explores the international legal framework for hydrocarbon development in the marine Arctic.

Respectful Neighbourliness: The United Kingdom’s Arctic Approach

The United Kingdom has a longstanding interest in the Arctic and has recently begun to develop a set of guiding principles for its engagement in the region. Although the UK has a great deal to offer in terms of scientific research and expertise, it is missing an opportunity to engage more fully with issues of importance to the Arctic region.

Invoking Responsibility For Environmental Injury In The Arctic Ocean

As the Arctic Ocean opens up to industrial development, the duties of States to protect the North’s vulnerable ecosystems become increasingly important. However, in the event that a State governing hydrocarbon operations in the Arctic Ocean does not exercise due diligence, it is far from clear which States, if any, can invoke responsibility and seek appropriate remedies. In the 2001 Articles on State Responsibility, the International Law Commission entrenched a dichotomy between injured States and other States: a State cannot be considered to have a relevant legal interest on the simple basis that another State has violated a norm to which both are party. States which are not directly affected by a violation can only invoke responsibility for limited categories of norms: obligations erga omnes and obligations erga omnes partes. Under the Convention on the Law of the Sea as well as in light of customary law, States have obligations to protect all of the marine environment, not just those maritime zones under the jurisdiction of other States. This includes a duty to protect the environment of the State’s own EEZ as well as the EEZ of other States and the High Seas. However, hydrocarbon developments in the Arctic Ocean can potentially violate these norms without creating an injured State. In the absence of an injured States, the question arises as to who might invoke responsibility for such wrongful conduct. In other words, are the norms at stake erga omnes or erga omnes partes? This paper will focus on this gap in the knowledge by setting out the criteria for a norm to have the status erga omnes or erga omnes partes and will argue that recent developments in international law indicate that norms to protect the marine environment have this character.

Evaluating Espoo: What Protection does the Espoo Convention Offer the Arctic Marine Environment?

AbstractThis article reviews the extent of the duty of States to conduct a transboundary environmental impact assessment (TEIA) prior to activity in the Arctic Ocean as part of the customary law principle of prevention. Examples are drawn from the offshore hydrocarbon industry. The paper examines in detail the Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention) and its application in the High North, reviewing its utility as well as deficiencies in the comparative light of alternative frameworks, such as the voluntary guidelines of the Arctic Council, the Convention on the Law of the Sea, and the Nordic Environmental Protection Convention. The consequences of a TEIA report are discussed in light of customary international law.

Human rights in crisis: securing the International Covenant on Economic, Social and Cultural Rights (ICESCR) in economic downturns

In this paper, the authors analyse states parties’ obligations under the ICESCR in times of economic crisis according to the international legal framework of obligations of conduct and result. In respect of the covenant’s obligations of result, the authors examine the implementation of the progressive realisation standard, with an emphasis on the minimum core of rights, prioritisation of the most vulnerable members of society and the criteria necessary for the permissibility of regressive measures. They then consider five obligations of conduct: to submit reports; to develop plans of actions; to monitor outcomes; to take some measures; and to eliminate discrimination.

Ha ancora una rilevanza la Convenzione sull'eliminazione di ogni forma di discriminazione nei confronti delle donne? Per una sua (ri)considerazione nel tempo presente

In this paper, the author reviews CEDAW and its meaning for contemporary societies, asking the provocative question: «Is the CEDAW still relevant for our times?». Six main issues will be reviewed, four of which pertain specifically to CEDAW and two are more general concerns about the United Nations human rights treaty system. The CEDAW text is assessed in light of the evolving interpretations of its monitoring body, other human rights treaties within the United Nations system and the work of their monitoring bodies, United Nations treaty body reform, and theoretical perspectives, notably feminist perspectives. The author concludes that despite the shortcomings of CEDAW, the contemporary status of millions of women justifies the maintenance of a United Nations organ dedicated to womens rights, be it that under the CEDAW or some other international instrument.