A Unique Arrangement of Soft-Law Cooperation in the Barents Region

In Monica Tennberg ed, Politics of Development in the Barents Region (Finland: Lapland University Press, 2012) 65-83.

19 Pages Posted: 7 Sep 2013

See all articles by Waliul Hasanat

Waliul Hasanat

University of Lapland - Arctic Centre - Northern Institute for Environmental and Minority Law

Date Written: September 6, 2013

Abstract

The governance in the Barents Euro-Arctic Region (BEAR) formally began in 1993; it was based on a soft-law model. Soft-law governance includes international governance established without the conclusion of a formal international treaty. The actors involved in soft-law governance pay more attention to encountering transnational challenges in effective ways than focusing on strictly following formalities articulated in classical international law. There are some transnational challenges (e.g., environmental protection, climate change, sustainable development, the wellbeing of the region, and the adaptation of local people to changed situations) which state involvement alone is not sufficient to counter; they require the participation of non-state actors, including local people, along with that of states. Addressing those challenges sometimes requires immediate action, and the conclusion of a formal international treaty – which is a lengthy process compared with the adoption of a simple declaration – might interfere with achieving the main objectives. Soft-law forms of governance allow non-state actors, working in parallel with states, to address common concerns and create mainly voluntary or political commitments rather than imposing legally binding obligations on members and other associated entities.

Suggested Citation

Hasanat, Waliul, A Unique Arrangement of Soft-Law Cooperation in the Barents Region (September 6, 2013). In Monica Tennberg ed, Politics of Development in the Barents Region (Finland: Lapland University Press, 2012) 65-83. . Available at SSRN: https://ssrn.com/abstract=2321583

Waliul Hasanat (Contact Author)

University of Lapland - Arctic Centre - Northern Institute for Environmental and Minority Law ( email )

PO Box - 122
Pohjoisranta 4
Rovaniemi, Lapland 96101
Finland

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