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Fostering Polar Cooperation: A Comparative Analysis of the Arctic and Antarctic Models
McGuire, Sarah ; Karlas, Jan (advisor) ; Lipovský, Milan (referee)
As sea ice melts and Arctic waterways become increasingly navigable, the importance of effective polar governance has never been higher, especially with heightened geopolitical tensions across the globe. Unlike its southern counterpart, the Arctic region is not governed by a single treaty, but rather a network of agreements and an international forum - the Arctic Council - designed to make recommendations and facilitate cooperation among the eight Arctic states. The objective of this study was to confirm if the Arctic Council and its governing instruments exhibit hard law or soft law characteristics and to consider the advantages and disadvantages of each. The subsequent objective was then to determine if there are lessons the Arctic can learn from the Antarctic, which is largely considered to be a successful example of hard law, and what barriers may be preventing the implementation of such improvements. Abbott and Snidal's Concept of Legalization was applied to determine the degree of legalization of treaties and agreements negotiated under the auspices of the Arctic Council and the products of its working groups by assessing their levels of obligation, precision, and delegation. This research found that the Arctic Council's contribution to Arctic governance does predominately exhibit soft law...
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