2018 Fiscal Year Annual Research Report
The Contribution of Non-Arctic States in Arctic Ocean Legal Order-making
| Project/Area Number |
17F17010
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| Research Institution | Kobe University |
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Principal Investigator |
柴田 明穂 神戸大学, 国際協力研究科, 教授 (00273954)
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| Co-Investigator(Kenkyū-buntansha) |
ZOU LEILEI 神戸大学, 国際協力研究科, 外国人特別研究員
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| Project Period (FY) |
2017-07-26 – 2020-03-31
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| Keywords | Arctic |
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| Outline of Annual Research Achievements |
Arctic sustainability and role of international law in Arctic are the research focus of this year for Dr Zou. Some presentations were made at international conferences. One is entitled “The Role of Non-Arctic States in Legal-order Making for Arctic Marine Living Resources Management” at Sino-Norway Polar Research Symposium in April 2018. The other is entitled “Arctic Fishery Management and Asian Countries’ Response” at the 5th Seminar of the North Pacific Arctic Research Community in June 2018. Dr Zou cochaired the seminar themed “Challenges for Arctic Shipping Legal Order-making” at Fridtjof Nansen Institute in Norway in October 2018. A paper on Russia’s Arctic navigation legislation development and its implications to “One Belt One Road” Initiative is to be published in 2019. An academic book entitled “Russia and the Arctic” has been translated by Dr Zou from English to Chinese, and is to be published in 2019.
Besides the Arctic research, another research priority in this year is the regime building at Antarctic. The research focuses on the resilience of Antarctic Treaty System in the perspective of the development of CCAMLR. Dr Zou made a presentation entitled “The Ross Sea MPA: Puzzles Arising from Rights and Interests Claims” at the 11th Polar Law Symposium in October 2018. A paper entitled “An Analysis on Antarctic Fisheries Management Regime and China’s Response” was published in 2018. A paper on legal-order making for Antarctic MPA is now in the process of peer-review for the publishing purpose.
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| Current Status of Research Progress |
Current Status of Research Progress
2: Research has progressed on the whole more than it was originally planned.
Reason
Dr Zou’s research has been going well since the start-off of JSPS program in June 2018. The research that Dr Zou used to get engaged in is bottom-up by nature, involving evidence-based analysis on emerging Arctic issues. However, her JSPS program research is more of the combination of bottom-up and top-down. With Professor Shibata's strong background of legal research, Dr Zou, assisted his research team and has conducted successfully some top-down research which looks into the legitimate process of Arctic legal order-making and international legal instruments applicable to the Arctic.
Dr Zou’s research on both Arctic and Antarctic legal-order making fits into Prof. Shibata's research framework. Kobe University has members and invited scholars of different academic backgrounds from different institutes in different countries. Coordinated team work with scholars with different backgrounds is the asset for Dr Zou’s interdisciplinary research. She makes contributions by providing perspectives as both a Chinese scholar and an expert at marine living resources conservation.
Dr Zou has extensive contacts with research partners from both Arctic and non-Arctic states. Her important researcher partners are from Dalhousie University in Canada, Fridtjof Nansen Institute in Norway, and Polar Research Institute in China. The cooperative research has facilitated her interdisciplinary research at Kobe University.
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| Strategy for Future Research Activity |
The research for Dr Zou during her last two-month stay at Kobe University will focus on three issues: how the process legitimacy of Arctic fisheries regime-making is enhanced; what are the post-agreement challenges for Arctic fisheries management; how non-Arctic states (especially Japan, China and Korea) contribute to the Arctic fisheries legal-order making and management.
From early April to middle May 2019, research is to be conducted to summarize the role of both Arctic and non-Arctic states in enhancing the process legitimacy of Arctic fisheries regime-making. A holistic approach is to be adopted by reviewing into Dr Zou’s publications concerning Arctic fisheries regime-making in the last two years and a summary paper will be composed.
From middle May to middle June 2019, research will be conducted to summarize the challenges for Arctic fisheries management and how non-Arctic states will contribute to its management and legal-order making after the Central Arctic Ocean Fisheries Agreement is concluded among 5 Arctic states and 5 non-Arctic actors. A careful study will be conducted to look into the agreement provisions and important non-Arctic actors’ Arctic strategies, then a paper is to be composed to analyze the dilemma and challenges brought about by the Agreement and conflicting Arctic interests of different stakeholders. The non-Arctic actors’ contribution will be explored in the paper as well.
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