Waliul Hasanat

Cooperation in the Barents Euro-Arctic Region in the Light of International Law

Cooperation in the Barents Euro-Arctic Region (BEAR) formally began in 1993 with the establishment of separate two platforms: the Barents Euro-Arctic Council (BEAC) and the Barents Regional Council (BRC). However, neither the BEAC nor the BRC was formed as the result of an international treaty. In the case of the BEAC, the five Nordic states (Denmark, Finland, Iceland, Norway and Sweden) and the Russian Federation, along with the Commission of the European Communities, agreed on a platform aiming to promote sustainable economic and social development in the Barents Region, which had been an area of military confrontation during the Cold War. In the case of the BRC, the regional governments (e.g., provincial, county, and oblast’ governments) of the region, together with the indigenous peoples, created another platform. From the beginning of the Cooperation, both platforms have been working together closely. In the course of time, the Cooperation has become more important with respect to addressing the challenges faced by the inhabitants of the region.

The climate policy of the Arctic Council

This chapter offers an overview of how Arctic-wide co-operation has developed from its early beginnings to the current Norwegian chaired Arctic Council. Since the Arctic Council is the only inter-governmental organisation managing Arctic issues, it is important to give the reader a sense of how the Arctic Environmental Protection Strategy (AEPS) was adopted in 1991, how the Arctic Council came into being in 1996, how the AC’s various working groups have undertaken their activities and how programmes and scientific assessments in the co-operation have progressed to date. This historical review of Arctic-wide co-operation will serve to introduce the reader to the co-operation process. The special focus of the chapter will be on how climate change policy has developed in this context. The final part of the chapter offers an evaluation of how Arctic wide co-operation has developed in general and especially how its climate policy has progressed.

Diverse Soft-Law Cooperation Forms in the Arctic – Do They Complement or Contradict Each Other?

Ongoing changes in the Arctic, primarily related to the region’s physical and human environment, as a result of climate change, have both opened up new opportunities and posed threats to the governments and inhabitants of the region. A number of soft-law instruments, with the aim of ensuring the wellbeing of the region and combating the negative challenges of climate change, have been developed since the 1990s. This article will examine the synergy between three existing forms of Arctic soft-law governance in a select number of cases and will, in turn, provide suggestions as to how they may be improved. It will also analyse the motivation behind using soft law mechanisms, as opposed to formal international organisations.

The Role of International Governance Systems in Protecting the Arctic Environment: Examining Climate Change Policy

Since the 1990s, various international governance systems have been active in promoting the wellbeing of the northern part of the globe. The Arctic Council, the Barents Euro-Arctic Council, and the Northern Forum - three profound forms of governance – are in vogue in addressing the challenges faced by peoples residing in the Arctic. Climate change touches upon almost every issue connected to the well-being of the Arctic region. It also affects the primary goals and objectives of these governance systems. Over time, each initiative has developed its own climate policy. This article focuses on the climate policies of three soft-law governance systems and examines their role in addressing climate change in the Arctic.

International Cooperation in the Northern Forum: Emerging New Norms in International Law?

The Northern Forum has been in existence for more than two decades. The cooperative initiatives implement through the Forum allow sub-national governments from different parts of the world to improve the quality of life of northern inhabitants and to support their sustainable development. Over time, the Forum has established a clear structure with self-created rules and guidelines. However, the legal status of the Forum is somewhat ambiguous: it has neither fulfilled the essential criteria of an international organisation nor that of an intergovernmental cooperative body. Nevertheless, these shortcomings are not immense obstacles to the Forum’s ability to serve the well-being of residents of the northern regions. The Forum has granted membership to business organizations, as well as sub-national governments, which is an innovative concept in international cooperation. This article examines the evolution, administrative system, and legal status of the Forum along with its contribution to the development of international law. The article concludes with observations on how this unique of international regional co-operation forum could be characterized under international law and whether it has any influence in creating new norms in international administrative and environmental law