Arctic Sustainability Law: Almost Sufficient

86 Pages Posted: 23 Jun 2022

See all articles by Joseph F. DiMento

Joseph F. DiMento

University of California, Irvine - School of Law, Planning, Policy & Design, and Transportation Studies

Melissa Kelly

University of California, Irvine, School of Law, Center for Land, Environment, and Natural Resources (CLEANR)

Kaitlin O'Donnell

University of California, Irvine School of Law

Date Written: June 23, 2022

Abstract

We review the existing regime of Arctic governance addressing environmental protection, and more generally, sustainability. We identify gaps in the regime and make recommendations for initiatives to fill those gaps. These initiatives include many being considered at the international level. Preliminarily, we describe present and predicted conditions in the region going beyond traditional environmental indicators to include understandings of sustainability and incorporating various cultures.

Our work is multidisciplinary. In addition to legal research and analysis, we incorporate environmental science and environmental policy findings from our UCI survey [n~220] on Arctic experts’ priorities on environmental governance strategies in the region, an ongoing series of international and U.S. convenings on Arctic governance, attendance at Arctic organization meetings, and site visits.

Our analysis of gaps in Arctic sustainability law requires returning to the questions of “what is the goal of sustainability?” Because the Arctic is not one Arctic state but encompasses the many interests of all the Arctic states, indigenous peoples, and non-Arctic states, our analysis is based on a policy position that Arctic law and governance and its future must accommodate to more than any individual interest group.

JEL Classification: O44,O56,Q01,Q28,Q38,Q48,Q53,Q56,Q58

Suggested Citation

DiMento, Joseph F. and Kelly, Melissa and O'Donnell, Kaitlin, Arctic Sustainability Law: Almost Sufficient (June 23, 2022). North Carolina Law Review, Vol. 47, No. 2, Winter, 2022, UC Irvine School of Law Research Paper No. 2022-21, Available at SSRN: https://ssrn.com/abstract=4144874

Joseph F. DiMento (Contact Author)

University of California, Irvine - School of Law, Planning, Policy & Design, and Transportation Studies ( email )

Irvine, CA
United States
(202) 466 1135 (Phone)

Melissa Kelly

University of California, Irvine, School of Law, Center for Land, Environment, and Natural Resources (CLEANR) ( email )

401 E. Peltason Drive, Suite 1000
Irvine, CA 92697-8000
United States

Kaitlin O'Donnell

University of California, Irvine School of Law ( email )

401 E Peltason Dr.
Irvine, CA 92697
United States

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