scholarly journals Russian Arctic Policy, Petroleum Resources Development and the eu: Cooperation or Coming Confrontation?

2017 ◽  
pp. 172-199 ◽  
Polar Record ◽  
2019 ◽  
Vol 55 (6) ◽  
pp. 441-451
Author(s):  
Natalia Skripnikova ◽  
Andreas Raspotnik

AbstractEver since 2007/2008, the European Union (EU) and its various institutional actors have been developing a dedicated EU Arctic policy, setting common positions, stressing the EU’s Arctic credentials and prominently expressing its own “Arcticness”. These Arctic steps have been thoroughly scrutinised over the past decade. Yet, research has almost ignored one particular pillar of the EU’s Arctic endeavour: the “Arctic exception” in EU–Russia relations and the related lack of a distinct Russian dimension in the EU’s Arctic policy. Similarly, little is known of how the Russian side views the EU’s Arctic policy steps taken since 2008. The extensive transdisciplinary literature on EU–Russia relations has basically ignored how the EU has been represented in Russia ever since 1991. This article examines EU and Russian Arctic policies and their relations in the European North. In attempting to explore how the EU’s “Arcticness” has been presented, narrated and perceived in Russian media between 2008 and 2018, we draw upon an analysis of articles published on various Russian media platforms during that period. The study identified four core narratives of the EU’s engagement in the Arctic: the EU as player, as seeker, as prohibitor and as partner. These narratives provide evidence of the “Arctic exception” in EU–Russia relations, as well as offering some related explanations.


Polar Record ◽  
2011 ◽  
Vol 48 (4) ◽  
pp. 361-371 ◽  
Author(s):  
Timo Koivurova ◽  
Kai Kokko ◽  
Sebastien Duyck ◽  
Nikolas Sellheim ◽  
Adam Stepien

ABSTRACTThe European Union's (EU's) intention of becoming a permanent observer in the Arctic Council and the reluctance of Arctic actors to grant it that status have made the union's aspirations in the Arctic the subject of a continuing debate. The discussion appears to be dominated by geographical considerations and the EU's gradually emerging Arctic policy. This article puts forward a different view of the EU's presence in the region, one drawing on an analysis of relevant EU competences. As a complex international actor, the EU has acquired a broad array of decision-making powers from its member states, powers that partly extend to Iceland and Norway via the EEA Agreement. Moreover, the EU has in many cases become a relevant actor in international negotiations and treaty making processes the outcomes of which are of crucial importance for the governance of the Arctic. Our argument in the third and concluding section is that only by including the EU in Arctic governance can the international community provide better prospects for the union to sensitise its policies and discourses to the Arctic realities and for other Arctic actors to understand how the union functions. This argument is supported by an analysis of the EU's restrictions on the import of seal products and the ensuing litigation.


2021 ◽  
Vol 138 (3) ◽  
pp. 599-616
Author(s):  
Pieter Badenhorst

This article examines the nature and features of ‘unused old order rights’ (‘UOORs’) under item 8 of Schedule II of the Mineral and Petroleum Resources Development Act 28 of 2002 in light of the recent decision by the Constitutional Court in Magnificent Mile Trading 30 (Pty) Ltd v Celliers 2020 (4) SA 375 (CC). At issue was: (a) whether an UOOR was transmissible to heirs upon the death of its holder; and (b) the applicability of the Oudekraal principle to the award of an unlawful prospecting right to an applicant, contrary to the rights enjoyed by the holder of an UOOR. The article analyses the constituent elements of an UOOR, rights ancillary to the UOOR’s and the nature and features of UOORs and ancillary rights. The article also considers the possible loss of an UOOR by application of the Oudekraal principle due to the unlawful grant of a prospecting right by the state, as custodian of mineral resources. The article illustrates that the CC ensured in Magnificent Mile that the Oudekraal principle does not undermine the security of tenure and statutory priority afforded to holders of UOORs by ultra vires grants of inconsistent rights to opportunistic applicants. Concern is also expressed about the poor administration of mineral resources by the Department of Mineral Resources and Energy.


2020 ◽  
pp. 205-208
Author(s):  
Alexander Pravdenkov

The article comprehensively analyzes trends in the Arctic the management of both positive and negative. For a better understanding of trends, it is necessary to understand the mechanisms underlying the management of the Russian Arctic and analyze the wavering of various actors in Arctic policy.


Obiter ◽  
2017 ◽  
Vol 38 (2) ◽  
Author(s):  
Clive Vinti

This note examines the interplay between the twin provisions of section 48 of the National Environmental Management: Protected Areas Act (57 of 2003) (NEMPA Act) and section 48 of the Mineral and Petroleum Resources Development Act (28 of 2002) (MPRDA), in respect of the concept of a “protected area”. In essence, section 48(1) of the NEMPA Act read with section 48(1) of the MPRDA, prohibit “prospecting” in “protected areas”. However, section 48(1)(b) of the NEMPA Act and section 48(2) of the MPRDA, permit “prospecting” in “protected environments” and in any land “reserved in terms of any other any law”, if written authorisation is acquired under specific strict conditions. “Prospecting” is defined as intentionally searching for any mineral through any method which disturbs the surface or subsurface of the earth, including any portion of the earth that is under the sea or under other water; or in or on any residue stockpile or residue deposit, in order to establish the existence of any mineral and to determine the extent and economic value thereof; or in the sea or other water on land (s 1 read with s 17 of the MPRDA). This issue of the relationship between section 48 of the NEMPA Act and section 48 of the MPRDA has yet to be appropriately adjudicated on by the courts and thus, this paper will assess the implications of their inevitable interaction and suggest an approach that the courts could take in the assessment of a prospecting licence granted in respect of a “protected area”.


2020 ◽  
pp. 73-77
Author(s):  
T.S. Sukhodaeva ◽  

The article discusses the features of the Arctic zone, its place in the world economy and international relations. The reasons for the intersection of the geopolitical interests of the leading states of the world in this region are revealed. The main directions of scientific and technical cooperation in the development of the Arctic are identified. The role of the Arctic Council in solving the problem of coordinating the interests of various actors in the region is shown. The strategic necessity of the development of the Arctic as a region free of conflicts and rivalry is substantiated. The analysis of the Russian Arctic policy and mechanisms for its implementation. The author substantiates the conclusion that the development of the Russian Arctic zone can become a driving force for the qualitative growth of the national economy, the formation of the country's competitive advantages in the long term, as well as maintaining the global ecological balance and stability.


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