Please note that these course descriptions are drafts subject to change by the organizers and future teachers. Furthermore, when it says “Evaluation” at the end of each course description, this means it will largely be left to resident and incoming teachers to decide whether courses conclude with examinations, papers or continuous assessments, or combinations of these, as well as the modalities of each.
I INTRODUCTION TO POLAR LAW
II ENVIRONMENTAL LAW AND CLIMATE CHANGE
III LAW OF THE SEA
IV THE RIGHTS OF INDIGENOUS PEOPLES AND MINORITIES
V COMPARATIVE ARCTIC GOVERNANCE
VI CUSTOMARY LAWS OF INDIGENOUS SOCIETIES IN THE ARCTIC
VII THE ECONOMIES OF AND BUSINESS IN THE POLAR REGIONS
VIII GOOD GOVERNANCE, ACCOUNTABILITY AND TRANSPARENCY
IX INTERNATIONAL CO-OPERATION: GOVERNANCE AND SECURITY
X INTRODUCTION TO THE CIRCUMPOLAR NORTH
XI INTRODUCTION TO FAROESE LAW
XII INTRODUCTION TO GREENLANDIC LAW
XIII LEGAL HISTORY OF THE POLAR REGIONS
XIV NATURAL RESOURCES LAW
XV PEOPLES AND CULTURES OF THE CIRCUMPOLAR NORTH
XVI THE ROLE OF INTERNATIONAL AND REGIONAL ORGANIZATIONS
AND ARRANGEMENTS IN THE POLAR REGIONS
XVII TRANSPORT AND MARITIME LAW
I INTRODUCTION TO POLAR LAW
Description:
Beginning with the geographical scope of both the Arctic and the Antarctica, this compulsory course introduces Polar Law, in terms of applicable legal systems and laws. Emphasis will be placed on
legal theory and method and the general aspects of public international law, including sources and subjects. Human rights, not least the rights of indigenous peoples, national and international
governance, law of the sea, environmental law, natural resources law, transport and maritime law, trade law, and methods and procedures of dispute settlement will also be covered, albeit briefly, and
such concepts as the sovereignty and territorial integrity of States, self-determination and self-government will be explained. After outlining the Antarctica treaty system, the question will asked
whether it contains any useful lessons for solutions in the Arctic. Initial references will also be made to other academic disciplines that have a bearing on polar issues, such as anthropology,
economics, geography, geology, history, international relations, sociology, and trade and. Throughout the course, every effort will be made to guarantee gender sensitivity and to link academic issues
and disciplines with other contemporary, real-life issues in the Polar Regions, encompassing both the public and private sectors.
Learning outcome:
Students gain knowledge of the Polar Region and Polar Law in a broad sense, in order to prepare for and link together all the other topics covered and courses offered in the Master Program. The
overview thus provided allows a certain overview with general knowledge and reference ability, also for subjects in elective courses that a master student may not take.
Evaluation:
II ENVIRONMENTAL LAW AND CLIMATE CHANGE
This compulsory course provides an overview of the development of international environmental law. In particular the legal responses, or the lack thereof, to challenges provided by climate change will be examined in detail as the Polar regions have a crucial place in this context. The connections between environmental law, human rights, Polar governance, natural resources law, the law of the sea, international commercial law (e.g. GATT/WTO and CITES), shipping and aviation law, and other legal regimes will be explored. The impact of international law and international organizations (including EU law) upon national laws will be examined and discussed.
- Which are the largest threats to the environment in the Polar regions? In light of their sensitive nature, do the Polar regions need legal regimes that differ from other parts of the world? Can lessons for the Arctic be obtained from the Antarctica experience?
- Are environmental impact assessments regularly carried out in the Polar regions?
- With particular reference to the Polar regions, which treaties and other international instruments and arrangements are concerned with the exploration, exploitation and/or preservation of plants and animals in the sea and on land and ice, other resources such as water, oil and minerals, the protection of the ozone layer and control of the greenhouse effect, and compensation for environmental damage?
- Which international organizations/institutions have jurisdiction or a contributing role in regulating and supervising the issues listed above?
- Non-governmental organizations play a crucial role in raising public awareness and impacting public policy on environmental issues. Which NGOs are
particularly influential and how do they accomplish it?
Learning outcome:
Students gain knowledge of the main principles and materials of environmental law, not least the legal responses to climate change, with an understanding of the contribution that is, or can be, made
through international cooperation by way of public international law and intergovernmental organizations.
Evaluation:
III LAW OF THE SEA
Description:
This compulsory course deals with the law of the sea, as a matter of public international law, while also drawing on national practices. In addition to explaining a number of basic terms, such as
baselines, territorial waters, innocent passage, the economic zone, the continental shelf, high seas, and the common heritage of mankind, answers will be sought to some of the following
questions:
- Which provisions of the UN Law of the Sea Convention are particularly relevant to the Polar seas? Which laws apply to countries that have not ratified this Convention?
- Are there any special legal considerations concerning Polar seas that are permanently covered by ice? What are the legal implications, if any, of the shrinking of the ice-covered areas influence?
- How does the law of the sea relate to the multiple ways in which the Polar seas are used, such as for fishing, hunting, the exploitation of other natural resources, military use, shipping, pipelines, national security, and so on?
- Which international organizations have governance and/or monitoring roles to play in the Polar seas?
- How do we propose to solve, as to both substance and procedure, pending sea boundary disputes in the Arctic? What about Antarctica? What about other disputes? Do or should indigenous peoples have a say in the resolution of such disputes?
Learning outcome:
Students gain knowledge of the main principles and materials of the law of the sea, with an understanding of the contribution that is made through international cooperation by way of public
international law and intergovernmental organizations.
Evaluation:
IV THE RIGHTS OF INDIGENOUS PEOPLES AND MINORITIES
Description:
This compulsory course introduces the rights of indigenous peoples and minorities. After looking at international human rights law in general, including equal rights and non-discrimination, answers
will be sought to some of the following questions:
- Why do we need indigenous and minority rights?
- What are the definitions of the terms ‘minorities', ‘indigenous peoples' and ‘tribal peoples'? By contrast, what is the definition of the term ‘peoples'? What consequences flow from these distinctions?
- Which main human rights instruments specifically address minority and indigenous rights? What is the value of the new UN Declaration on the Rights of Indigenous Peoples?
- Why do we need special measures/preferential treatment to the benefit of indigenous peoples and minorities and which ones are spelled out in the human rights instruments? In addition to individual rights of members of indigenous peoples and of minorities, are the groups entitled to any rights as groups?
- What is the content of land rights of indigenous peoples and minorities in international human rights law? What is the reasoning behind land rights in ILO Convention No. 169 and in the case-law of the Human Rights Committee under article 27 of the International Covenant on Civil and Political Rights?
- How do indigenous self-governance and traditional economic activities of indigenous peoples relate to land and resources rights?
- Does the right of self-determination apply to indigenous peoples? What is the difference between external and internal self-determination? How does self-government or autonomy relate to this terminology?
- Who is responsible for the implementation of indigenous and minority rights? What and how can NIHRs contribute to the realization of the rights?
- Who is responsible for monitoring compliance with indigenous and minority rights? Which indigenous- and minority-specific monitoring institutions/instances are available and how do they work? How has case-law and other monitoring work contributed to the substance of minority and indigenous rights? Does the monitoring work make a difference on the ground?
- Is respect for minority and indigenous rights relevant to the prevention of violent conflicts?
- The United Nations, the ILO, UNESCO, the World Bank, the Council of Europe, the OSCE, the African Union and the OAS are involved in work on minority and/or indigenous rights. How do their contributions compare?
- What is the likely future development of indigenous and minority rights?
Learning outcome:
Students gain knowledge of the substance of and monitoring work available under human rights instruments, with a focus on indigenous and minority rights, that have been adopted under the auspices of
the United Nations, the ILO, the UNESCO, the World Bank, the Council of Europe, the OSCE, the African Union and the OAS.
Evaluation:
V COMPARATIVE ARCTIC GOVERNANCE
Description:
This elective course introduces the rights and practices associated with self-governance and the political participation of indigenous peoples and minorities in the Arctic within both federal and
unitary States. Answers will be sought to some of the following questions:
- Do provisions in international human rights instruments on political representation and participation at both local and national levels, like for example in the International Covenant on Civil and Political Rights and in the ILO Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries, affect indigenous autonomies and customary laws in the Arctic? Do current national arrangements live up to international standards as to political participation at State and municipal levels?
- Is there a right to self-government or autonomy in international human rights law? Do the stipulations on self-governance in international human rights instruments, such as the OSCE/HCNM Lund Recommendations on the Effective Participation of National Minorities in Public Life, meet the needs of indigenous peoples in the Arctic?
- What should be the minimum contents of self-government as to institutions (including a legislative assembly and an executive branch) and delegated powers (including political, cultural, economic and social issues)? How does one regulate the relationship between a central government and an autonomous regime? Does self-governance relate to land and resources rights? Should an autonomous regime have taxation powers and its own judiciary?
- What are the obligations of self-governments or autonomies towards persons who come under their jurisdiction?
- How and why do the various forms of indigenous governance distinguish themselves from the surrounding majority societies? How are self-governance issues and land and resources rights regulated in the Arctic? Do current national arrangements live up to international standards as to self-government? How do and could the autonomous regimes in the Arctic work together? Is there, or should there be, a relationship between self-governance and self-determination? How does globalization affect indigenous governance?
Learning outcome:
Students gain knowledge of political participation and self-governance in national practices and in international human rights law, with a focus on and examples concerning the indigenous peoples in
the Arctic.
Evaluation:
VI CUSTOMARY LAWS OF INDIGENOUS SOCIETIES IN THE ARCTIC
Description:
This elective course examines the customary laws and legal traditions of indigenous peoples in the Arctic. Answers will be sought to some of the following questions:
- What is covered by the customary laws and legal traditions of indigenous societies in the Arctic? How is law understood by these societies?
- In case of conflict between these customary laws and national laws, which one should prevail? Who decides and on what basis? Likewise, if there a clash were to arise between indigenous traditions or cultures and international human rights law, which one should prevail?
- Do the indigenous societies of the Arctic have institutions and/or procedures for alternative dispute settlement? Do these or should they enjoy national recognition?
- What is common between the customs and traditions of indigenous societies in the Arctic?
- With reference to intellectual property rights law, which customs and traditions in the Arctic, concerning for example medicine, food, crafts, music or other artistic renderings, should be protected as traditional knowledge?
Learning outcome:
Students gain knowledge about the customary laws and legal traditions of Arctic societies, about possible solutions if or when customary laws collide with national laws or international human rights
law, about alternative dispute settlement, and about the possible protection of customs and traditions as a matter of traditional knowledge under intellectual property rights law.
Evaluation:
VII THE ECONOMIES OF AND BUSINESS IN THE POLAR REGIONS
Description:
This elective course
Learning outcome:
Evaluation:
VIII GOOD GOVERNANCE, ACCOUNTABILITY AND TRANSPARENCY
Description:
This elective course introduces good governance, including accountability and transparency, in policy- and decision-making, at the levels of central, municipal and autonomous governments in the
Arctic, as well as within international organizations. In so doing, the course offers a look at the two-way street of relations between majorities and minorities in the countries concerned. Answers
will be sought to some of the following questions:
- Which international instruments/documents regulate good governance, and what does good governance mean? What are the benefits of good governance?
- As these instruments mostly originate with the international financial agencies and development institutions, to what degree are they relevant to the Polar regions? In other words, if these regulations are drafted mainly for use in developing countries, do they apply to the North? How and by whom is compliance with good governance monitored?
- How does good governance, together with its components of the rule of law, accountability, transparency and anti-corruption efforts, relate to international human rights law? In addition to non-discrimination and the right to freedoms of information and expression, which other substantive rights enter the picture?
- How does good governance relate to democracy and democratic society? How does good governance relate to legislatures, executive branches of government and the courts? And how does good governance relate to, for example, environmental management?
- Do national governments in the Arctic practice good governance in their relations with indigenous peoples? How is good behavior rewarded? Can and should both elected and appointed officials be held responsible for misconduct?
- How does one best guarantee transparency in public institutions? In that regard, what are the relative roles of the media, non-governmental organizations and other components of civil society as well as official institutions, such as NIHRs?
- The regulations on good governance have been mainly intended for national governments, but do they also apply to the self-governance institutions of indigenous peoples? What are the implications? Should these international regulations of good governance as well as of human rights be applicable to traditional societies?
Learning outcome:
Students gain knowledge of the benefits of good governance and how good governance, together with such components as the rule of law, accountability, transparency and anti-corruption efforts, relate
to international human rights law, democracy and democratic societies. In addition, they gain knowledge of how good governance is practiced at national. municipal and autonomous levels.
Evaluation:
IX INTERNATIONAL CO-OPERATION: GOVERNANCE AND SECURITY
Description:
This elective course introduces international cooperation in relation to national, bilateral and multilateral governance and security issues in the Polar regions. Answers will be sought to some of
the following questions and issues:
- The provisions of the UN Charter banning the use of force, as well as the exceptions thereto set forth in the Charter, apply to Polar areas. In the case of disputes, what roles could the Security Council play for the prevention of violent conflicts or the management and resolution of such conflicts?
- What international security arrangements apply to Antarctica? Do lessons from Antarctica carry useful lessons for the Arctic?
- How do security questions affect the Polar regions? Which boundary disputes, at sea or on land, still persist in Polar areas? How would you suggest resolving these? How have other disputes in the Arctic region been resolved, for example between Iceland and Norway?
- In addition to territorial disputes, which other situations or developments in the Polar areas, such as questions relating to the environment and climate change, the exploration and exploitation of natural resources or new transport routes, could give rise to violent conflicts? In this context, human security, food security and energy security should also be covered.
- To what degree are Polar territories covered by agreements setting up intergovernmental agreements for collective self-defense or other similar arrangements?
- Where do special treaty-based or other arrangements establish sovereignty or other forms of jurisdiction over Polar territories? The status of several territories, such as Spitzbergen and Jan Mayen, will be examined.
- Does the presence of indigenous peoples in the Arctic in any way restrict or otherwise affect military activities in the area, including the placement of military bases or the conduct of military exercises? Should this be the case?
Learning outcome:
Students gain knowledge of international cooperation as concerns governance and security issues in the Polar regions, including agreements for collective self-defense and various forms of conflict
and dispute settlement.
Evaluation:
X INTRODUCTION TO THE CIRCUMPOLAR NORTH
Description:
This elective course introduces students to the interdisciplinary study of the environments, peoples and societies in the circumpolar north in the context of various historical as well as
contemporary global processes. Major subjects of study include the natural environment and resources; demography, adaptation and modes of subsistence; economic, social and political systems; health,
culture, education and human development; sustainable development and community viability; Arctic cooperation and international relations; and globalization and the impacts of global environmental
change, including global warming.
Goals:
The students should acquire basic interdisciplinary knowledge of ecological and social diversity in the Arctic and the sub-Arctic, and gain a good understanding of the critical issues, problems and
opportunities that the residents of the Circumpolar North are facing and experiencing today.
Prerequisites
Evaluation:
XI INTRODUCTION TO FAROESE LAW
Description:
This elective course
Learning outcome:
Evaluation:
XII INTRODUCTION TO GREENLANDIC LAW
Description:
This elective course
Learning outcome:
Evaluation:
XIII LEGAL HISTORY OF THE POLAR REGIONS
Description:
This elective course will cover the multitude of treaties and other instruments as well as international case-law and the outcome of other dispute settlements
that have affected the two Polar Regions over previous centuries. Examples could be the Lapp Codicil and the East Greenland Case. Lessons to be learned and the relevance, if any, of these instruments
and cases to contemporary settings will be examined in detail.
Learning outcome:
Students gain knowledge of the legal history of the Arctic and Antarctica and gain an insight in the relevance of and lessons from historical developments in the modern world.
Evaluation:
XIV NATURAL RESOURCES LAW
In this elective course, the legal sources concerning the exploration, exploitation, protection and preservation of natural resources will be examined. Obvious links with human rights, environmental law, transportation law, governance issues and the role of international organizations will be established. Answers will be sought to some of the following questions:
- With particular reference to the Polar seas, which legal regimes are available in relation to the exploitation and preservation of marine resources, such as whales, seals, salmon and the polar bear, and which international organizations/institutions have been entrusted with the corresponding regulatory and supervisory powers?
- Which legal regimes are available, in general and in the Polar regions in particular, in relation to the exploration, exploitation and transport (including pipelines) of oil and minerals? As transnational corporations often have a role in such operations, which laws apply to them? What about the emerging regulation of corporate social responsibility or of business and human rights?
- To what degree are the rights of minorities and indigenous peoples to natural resources covered in international human rights law? Do the indigenous peoples of the Arctic have rights to fishing and/or other resources of the sea and/or the seabed? How do, or should, regulations in international human rights law concerning traditional economic activities of indigenous peoples interact with the law of the sea?
- Could indigenous peoples in the southernmost part of Latin America, in southern Africa, in Australia and/or in New Zealand present legitimate claims to Antarctica or to some of the natural resources there?
Learning outcome:
Students gain knowledge of the main principles and materials of natural resources law as these relate to the Polar regions, with links to human rights law,
environmental law, governance issues and the roles of intergovernmental organizations.
Evaluation:
XV PEOPLES AND CULTURES OF THE CIRCUMPOLAR NORTH
Description:
This elective course provides a detailed, interdisciplinary examination of the peoples and cultures of the Circumpolar North, based upon research in the fields
of the social and human sciences with a special emphasis on anthropology. The course is taught in cooperation with the University of Iceland.
Goals:
Students acquire a comprehensive understanding of the history, contemporary experiences, circumstances and attributes of northern peoples and communities, and of
cultural diversity and development in the Circumpolar North.
Evaluation:
XVI THE ROLE OF INTERNATIONAL AND REGIONAL ORGANIZATIONS AND ARRANGEMENTS IN THE POLAR REGIONS
Description:
This elective course introduces the role of international and regional arrangements and organizations in the Polar areas. Answers will be sought to some of the
following questions and issues:
- In addition to the Arctic Council, the Nordic Council, the EU and NAFTA, which other international and regional intergovernmental organizations are currently engaged in Polar areas and/or issues, either organizations of a general character or with specialized geographic or thematic approaches? What are the mandates, main activities, membership and institutions of these organizations?
- What are the main substantive and institutional components of the current Antarctica treaty system? Are they satisfactory from legal, political, economic and environmental points of view? Would any elements of the Antarctica regime be useful as models for and transferable to the Arctic?
- How does the work of the International Whaling Commission relate to the Arctic? As to the exceptions relating to indigenous peoples from the main rules adopted by the IWC, how far should they go? In addition to whaling, which other marine or land resources are likewise the subject of organizational or institutional approaches at international or regional levels?
- Which international, regional, national and local non-governmental organizations (such as the Inuit Circumpolar Council and the Nordic Sami Council) are involved in the Polar regions or with Polar-related issues?
- In addition to human rights, environmental law and climate change, natural resources law, the law of the sea, trade law, maritime and transport law, and dispute settlement, which of the many other sectors of the mandates and work activities of international and regional organizations are relevant to Polar areas? Why is that the case?
- Would it be beneficial and relevant if additional international and/or regional organizations were to establish programs in Polar areas and/or undertake projects there? Similarly, are the existing public international law rules and regulations sufficient to the needs of Polar areas, in terms of both the States concerned and the peoples and groups living there? Is it necessary to prepare and adopt additional international law instruments?
Learning outcome:
Students gain knowledge of the mandates, membership, institutions and roles of international and regional organizations in the Polar regions and which
international and regional intergovernmental and non-governmental organizations are currently engaged there and how they are contributing.
Evaluation:
XVII TRANSPORT AND MARITIME LAW
Description:
This elective course
Learning outcome:
Evaluation:
