Arctic Indigenous Communities and Antarctic Icebergs as Subjects of Inter-Legality

Stanford Journal of International Law Vol. 57, No. 1 (2021)

Posted: 15 Mar 2021 Last revised: 6 Aug 2023

See all articles by Nedim Hogic

Nedim Hogic

New York University (NYU) - NYU Law School, Hauser Global Law School Program; University of Oslo - Department of Public and International Law

Imad Antoine Ibrahim

University of Twente - Department of Governance and Technology for Sustainability; gLAWcal - Global Law Initiatives for Sustainable Development (United Kingdom)

Date Written: March 14, 2021

Abstract

The development of different specialized legal regimes that often address the same issues has led to a well-known phenomenon of fragmentation of international law. This phenomenon often leads to a clash of norms. In this article, authors attempt to use a new theoretical framework of ‘Inter-Legality’ which addresses the situation of competing international regimes. This concept is applied to two case studies: protection of the rights of the Arctic indigenous population and iceberg harvesting in the Antarctic high seas. Through the case studies, the authors will highlight the existence of two situations: the first where the clash of laws leads to a situation where no synergies can be created between the different legal regimes and the second where the clash of laws leads to a new opportunity for the regulation of the subject over which different legal regimes claim competences. The authors will call the first scenario ‘Positive Inter-Legality’ and the second one ‘Negative Inter-Legality’. The authors find the concept of inter-legality applicable and useful for overcoming some of the challenges to the fragmentation of international law.

Keywords: Inter-legality, Arctic, Antarctic, Indigenous Communities, Icebergs, High Seas

Suggested Citation

Hogic, Nedim and Ibrahim, Imad Antoine, Arctic Indigenous Communities and Antarctic Icebergs as Subjects of Inter-Legality (March 14, 2021). Stanford Journal of International Law Vol. 57, No. 1 (2021), Available at SSRN: https://ssrn.com/abstract=3804412

Nedim Hogic (Contact Author)

New York University (NYU) - NYU Law School, Hauser Global Law School Program ( email )

245 Sullivan Street, Suite 340
New York, NY 10012
United States

University of Oslo - Department of Public and International Law ( email )

P.O. Box 6706 St. Olavs plass
N-0130 Oslo
Norway
+4792295901 (Phone)

Imad Antoine Ibrahim

University of Twente - Department of Governance and Technology for Sustainability ( email )

PO Box 217
7500 A.E. Enschede
Netherlands

HOME PAGE: http://https://people.utwente.nl/i.ibrahim

gLAWcal - Global Law Initiatives for Sustainable Development (United Kingdom) ( email )

52 East Quay, Wapping Quay
Liverpool, L3 4BU
United Kingdom

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