Offshore oil and gas development in the Arctic under international law : risk and responsibility / by Rachael Lorna Johnstone.
2015
K3592.73 .J64 2015 (Map It)
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Details
Title
Offshore oil and gas development in the Arctic under international law : risk and responsibility / by Rachael Lorna Johnstone.
Published
Leiden ; Boston : Brill, [2015]
Call Number
K3592.73 .J64 2015
ISBN
9789004269330 (hardback ; alk. paper)
9004269339 (hardback ; alk. paper)
9789004283398 (e-book)
9004283390 (e-book)
9004269339 (hardback ; alk. paper)
9789004283398 (e-book)
9004283390 (e-book)
Description
xxvii, 317 pages ; 25 cm.
System Control No.
(OCoLC)889181339
Summary
"Offshore Oil and Gas Development in the Arctic under International Law explores the international legal frame work for hydrocarbon development in the marine Arctic. It presents an assessment of the careful balance between States' sovereign rights to their resources, their obligations to uphold the rights of Arctic inhabitants and their duty to prevent injury to other States. It examines the rights of indigenous and other Arctic populations, the precautionary approach, the environmental impact assessment and the duty to monitor offshore hydrocarbon activities. It also analyses the application of the international law of responsibility in the event that the State fails to meet its primary obligations and potential liability in the absence of a State's wrongful conduct"--Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 281-308) and index.
Record Appears in
Table of Contents
Preface
xi
Acknowledgments
xiii
Table of Acronyms
xiv
Table of Cases
xvi
Table of Treaties
xxiv
Part 1 Arctic Offshore Hydrocarbons and International Environmental Law
1.
Introduction
3
1.1.
Governance, Development and the Right to Development
4
1.2.
Legal Approach
5
1.3.
Outline of the Book
5
2.
Drilling in the Arctic
7
2.1.
Defining the Arctic
7
2.2.
Offshore Hydrocarbon Resources
9
2.3.
Vulnerability in the Arctic
11
2.4.
Time
14
3.
Identifying International Environmental Law
15
3.1.
Sources of Law
15
3.2.
Legal Norms
20
Part 2 The Obligations of States to Protect the Arctic Marine Environment
4.
Right to Resources and the No Harm Principle
27
4.1.
Permanent Sovereignty over Natural Resources and the Right to Exploit Them
29
4.2.
No Harm Principle
30
4.3.
Rights to Resources on the Continental Shelf
45
4.4.
Duties to Protect and Preserve the Marine Environment
50
4.5.
New Instrument for the Arctic Eight?
53
4.6.
Striking the Balance between the Right to Exploit Resources and the No Harm Principle
54
5.
Human Rights and the Rights of Indigenous Peoples
56
5.1.
Protecting the Environment through a Human Rights Lens
56
5.2.
Human Rights in the Marine Arctic
60
5.3.
Relevant Instruments, their Mechanisms and Status
63
5.4.
Rights of Indigenous Peoples with respect to Offshore Oil and Gas
72
5.5.
Human Rights and Offshore Oil and Gas
90
5.6.
Transboundary Human Rights Claims
100
5.7.
Observations on Indigenous and Human Rights with respect to Offshore Hydrocarbon Activities in the Marine Arctic
103
6.
Caution and Precaution
105
6.1.
Content of the Precautionary Approach
106
6.2.
Relationship between Prevention and Precaution
110
6.3.
Contemporary Status of the Precautionary Approach
112
6.4.
Core Elements of the Precautionary Approach
129
6.5.
Observations on the Precautionary Approach for Hydrocarbon Activities in the Marine Arctic
131
7.
Environmental Impact Assessment
134
7.1.
EIA and TEIA Frameworks of Potential Application in the Marine Arctic
136
7.2.
Minimum Core for an Internationally Acceptable EIA for Hydrocarbon Activities in the Marine Arctic
163
7.3.
Implications of the EIA or the Failure to Conduct it Properly
174
7.4.
Observations on the EIA for Hydrocarbon Activities in the Marine Arctic
176
8.
Monitoring and Follow-Up
179
8.1.
Duty to Monitor Environmental Impacts
179
8.2.
Human Rights Monitoring
184
8.3.
Observations on Monitoring and Follow-up of Impacts from Hydrocarbon Activities in the Marine Arctic
185
Part 3 Responsibility and Liability
9.
Legal Consequences of Failures to Protect the Environment
189
10.
State Responsibility for Wrongful Conduct
194
10.1.
For Whose Conduct does the State Bear Responsibility?
194
10.2.
For What Conduct does the State Bear Responsibility?
198
10.3.
To Whom does the State Bear Responsibility?
211
10.4.
What are the Consequences of State Responsibility in International Environmental Law?
225
10.5.
Observations on State Responsibility for Hydrocarbon Activities in the Marine Arctic
244
11.
Liability for Damage in the Absence of a State's Wrongful Conduct
247
11.1.
Treaty-Based Civil Liability Regimes
250
11.2.
Who is Liable for Environmental Damage?
260
11.3.
For What is the Operator Liable?
261
11.4.
To Whom is Reparation Owed?
262
11.5.
What are the Consequences of International Liability?
263
11.6.
Observations on Liability for Hydrocarbon Activities in the Marine Arctic
265
Part 4 Conclusions
12.
Extent and Limitations of International Law in the Marine Arctic
271
12.1.
No Harm Principle
272
12.2.
Responsibility and Liability
276
12.3.
Final Observations
279
Bibliography
281
Index
309