This Article provides context for the controversy facing government agencies charged with making ... more This Article provides context for the controversy facing government agencies charged with making decisions about the future of America’s Arctic Ocean. It then distill themes that, if addressed, could help further a lasting solution for this region that respects its natural and human values while crafting a reasonable path forward for decisions about development. First, this Article offers background about the region, the threats facing it, and some of the challenges in managing the natural resources there. Second, it provides an overview of the legal framework through which the United States government makes decisions about whether and under what conditions offshore oil and gas activities should occur. Third, this Article highlights decisions about Arctic Ocean resources that have been made pursuant to that legal framework and discusses the resulting court challenges. Based on that review, this Articles concludes that the controversy has resulted in large part from: (1) the failure ...
Review of European, Comparative & International Environmental Law, 2018
There are various definitions of 'indigenous peoples'. The 1989 Indigenous and Tribal Peoples Con... more There are various definitions of 'indigenous peoples'. The 1989 Indigenous and Tribal Peoples Convention refers to indigenous peoples as those who 'on account of their descent from the populations which inhabited the country, or a geographical region to which the country belongs, at the time of conquest or colonisation or the establishment of present State boundaries and who, irrespective of their legal status, retain some or all of their own social, economic, cultural and political institutions'. International Labour Organization Convention No. 169 (adopted 27 June 1989, entered into force 9 May 1991) 28 ILM 1382 (ILO Convention No. 169) art 1. Although the term 'indigenous' is not a common term for all Arctic countries, this article will use the terms 'indigenous peoples', 'indigenous groups' and 'indigenous community' interchangeably and without regard to their particular legal status.
department-will-likelyallow-shell-to-drill-in-arctic.html?_r=0 (quoting Secretary of the Interior... more department-will-likelyallow-shell-to-drill-in-arctic.html?_r=0 (quoting Secretary of the Interior Ken Salazar).
This Article provides context for the controversy facing government agencies charged with making ... more This Article provides context for the controversy facing government agencies charged with making decisions about the future of America’s Arctic Ocean. It then distill themes that, if addressed, could help further a lasting solution for this region that respects its natural and human values while crafting a reasonable path forward for decisions about development. First, this Article offers background about the region, the threats facing it, and some of the challenges in managing the natural resources there. Second, it provides an overview of the legal framework through which the United States government makes decisions about whether and under what conditions offshore oil and gas activities should occur. Third, this Article highlights decisions about Arctic Ocean resources that have been made pursuant to that legal framework and discusses the resulting court challenges. Based on that review, this Articles concludes that the controversy has resulted in large part from: (1) the failure ...
Review of European, Comparative & International Environmental Law, 2018
There are various definitions of 'indigenous peoples'. The 1989 Indigenous and Tribal Peoples Con... more There are various definitions of 'indigenous peoples'. The 1989 Indigenous and Tribal Peoples Convention refers to indigenous peoples as those who 'on account of their descent from the populations which inhabited the country, or a geographical region to which the country belongs, at the time of conquest or colonisation or the establishment of present State boundaries and who, irrespective of their legal status, retain some or all of their own social, economic, cultural and political institutions'. International Labour Organization Convention No. 169 (adopted 27 June 1989, entered into force 9 May 1991) 28 ILM 1382 (ILO Convention No. 169) art 1. Although the term 'indigenous' is not a common term for all Arctic countries, this article will use the terms 'indigenous peoples', 'indigenous groups' and 'indigenous community' interchangeably and without regard to their particular legal status.
department-will-likelyallow-shell-to-drill-in-arctic.html?_r=0 (quoting Secretary of the Interior... more department-will-likelyallow-shell-to-drill-in-arctic.html?_r=0 (quoting Secretary of the Interior Ken Salazar).
Uploads
Papers by Layla Hughes