Blar i forfatter Artikler, rapporter og annet (jus) "Solski, Jan Jakub"

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    • Anthropocentric Ocean Connectivity: A Pluralistic Legal-Regulatory Model 

      Gaunce, Julia Martha; Solski, Jan Jakub; Parlov, Iva; Neves, Maria Madalena das (Journal article; Tidsskriftartikkel; Peer reviewed, 2021-11-23)
      This article proposes a model of anthropocentric ocean connectivity based on the concept of human perspective as location. Within this location, anthropocentrism can be, but is not necessarily, an exclusive or dominant valuation of the human. In fact, conceptions of both anthropocentrism and of ocean connectivity are pluralistic. These and other pluralisms are borne out in this article’s content and ...

    • The ‘Due Regard’ of Article 234 of UNCLOS: Lessons From Regulating Innocent Passage in the Territorial Sea 

      Solski, Jan Jakub (Journal article; Tidsskriftartikkel; Peer reviewed, 2021-10-29)
      Article 234 of UNCLOS is in many ways exceptional, but it is not unique in the sense that it grants to the coastal state “complete” legislative power. Arguably, “complete” coastal state jurisdiction exists in the territorial sea for the purposes enumerated in Article 21(1), allowing coastal states to adopt ship reporting systems, pilotage, and other routing measures unilaterally. The analysis of ...

    • The Genesis of Article 234 of the UNCLOS 

      Solski, Jan Jakub (Journal article; Tidsskriftartikkel; Peer reviewed, 2021-02-24)
      Article 234 is exceptional regarding its wording and placement in the United Nations Convention on the Law of the Sea (UNCLOS), as well as in its historical background. The Arctic provision has given rise to divergent interpretations regarding the conditions for invoking it, the limitations on the authority under Article 234, and its spatial scope of application. It has served as a justification for ...

    • New Russian Legislative Approaches and Navigational Rights within the Northern Sea Route 

      Solski, Jan Jakub (Journal article; Tidsskriftartikkel, 2021-12-13)
      <p>The regulation of foreign navigation in the Northern Sea Route (NSR) has been dominated by the rules of international law applicable to merchant ships only. Neither the domestic set of rules of navigation on the NSR, based on Article 234 of UNCLOS nor the Polar Code applies to State-owned vessels. While the application of Article 234 has so far let Russia evade discussion on the navigational ...

    • The Northern Sea Route in the 2010s: Development and Implementation of Relevant Law 

      Solski, Jan Jakub (Journal article; Tidsskriftartikkel; Peer reviewed, 2020-12-09)
      The 2010s was a busy decade for the Northern Sea Route (NSR). It started with the first shipping season to feature the international use of the NSR for commercial purposes, followed by a significant reform of the domestic legal regime, as well as the adoption of the Polar Code. The traffic has gradually picked up, and although the expectations of a significant surge in trans-Arctic navigation have ...

    • Northern Sea Route Permit Scheme: Does Article 234 of UNCLOS Allow Prior Authorization? 

      Solski, Jan Jakub (Journal article; Tidsskriftartikkel; Peer reviewed, 2021-07-20)
      The legislation of Russia and Canada includes a veiled requirement to obtain prior authorization from the coastal State for merchant ships to navigate through large areas in the Arctic. The coastal State concept of prior authorization presupposes that a coastal State may legally give or withhold its consent to the passage of a vessel. In areas where flag States enjoy navigational rights or freedoms, ...

    • ‘One Map to Rule Them All’? Revisiting Legalities Through Cartographic Representations of the Northwest Passage 

      Tsiouvalas, Apostolos; Solski, Jan Jakub (Journal article; Tidsskriftartikkel; Peer reviewed, 2023-11-08)
      In the legal conceptualization of space, cartography has always been a fundamental tool narrating, representing, generating, or even (re)claiming territory. In this article, we examine the relationship between cartography and international law by looking at different cartographic representations of the area covering the disputed “Northwest Passage” (NWP). In an attempt to discuss how mapping may ...

    • The Polar Code Process and Sovereignty Bargains: Comparing the Approaches of Canada and Russia to POLARIS 

      Solski, Jan Jakub (Journal article; Tidsskriftartikkel; Peer reviewed, 2023-04-07)
      Owing to a shift from the culture of compliance to the culture of benchmarking, the Polar Code process of ensuring safe operation and environmental protection in Polar waters is still ongoing. The risk and goal-based approaches embedded in significant parts of the Polar Code invite different stakeholders to participate in the development of Arctic shipping governance. The methodology used in the ...

    • The Polar Silk Road and the future governance of the Northern Sea Route 

      Liu, Nengye; Solski, Jan Jakub (Journal article; Tidsskriftartikkel; Peer reviewed, 2022-09-05)
      This article examines China’s Polar Silk Road (PSR) and its legal implications for the future governance of the Northern Sea Route (NSR). It first discusses China’s economic and geopolitical interests in the so-called Polar Silk Road. The article then focuses on comparing Russian regulation of the NSR and Chinese regulation of foreign vessels as a coastal state. Both China and Russia are contracting ...

    • Waste Management on Fishing Vessels and in Fishing Harbors in the Barents Sea: Gaps in Law, Implementation and Practice 

      Finska, Linda; Ivanova, Ludmila; Jakobsen, Ingvild Ulrikke; Nilsen, Heidi Rapp; Normann, Anne Katrine; Solski, Jan Jakub (Journal article; Tidsskriftartikkel; Peer reviewed, 2022-12-02)
      This article aims to map and provide an overview of international, regional, and national law applicable to marine waste in the Barents Sea, and to analyze fishing industry actors’ practices and perceptions of marine waste. We identify gaps between the law and its implementation, enforcement, and practice. The legal framework for marine plastic pollution in the Barents Sea and the Arctic is fragmented ...