February 21-22, 2013
Hosted by the Michigan State International Law Review
Register here: http://www.law.msu.edu/battle-north/
Schedule of Events
Thursday, February 21, 2013 – Kellogg Hotel & Conference Center, Big Ten C
5:00 p.m. Check In
5:30 p.m. Reception
6:00 p.m. Dinner
7:00 p.m. Opening Remarks
Victoria Sweet, Executive Editor, Michigan State International Law Review
Bruce W. Bean, Professor, Michigan State University College of Law, International Law Review Faculty Advisor
7:15 p.m. Keynote Address
Lawson W. Brigham, “The New Maritime Arctic: Global Connections and Complex Challenges” See Abstract
7:45 p.m. The Impacts of Climate Change
Moderator: Jennifer Carter-Johnson, Michigan State University College of Law
Sumudu Atapattu, “Climate Change, Indigenous Peoples and the Arctic: The Changing Horizon of International Law” See Abstract
Avi Brisman, “Climate Change and the Future of the Arctic: Cultural and Environmental Considerations” See Abstract
8:30 p.m. Closing Remarks
Friday, February 22, 2013 – MSU College of Law, Castle Boardroom (3rd floor)
8:00 a.m. Breakfast & Registration
8:45 a.m. Opening Remarks
Dean Joan W. Howarth, Michigan State University College of Law
9:00 a.m. Keynote Address
RADM Frederick Kenney, “The U.S. Coast Guard and the Challenge of the Arctic”
9:35 a.m. Arctic Governance
Moderator: Michael Lawrence, Michigan State University College of Law
Waliul Hasanat, “Reforming the Arctic Council against Increasing Climate Change Challenges in the North” See Abstract
Tanja Joona, “ILO Convention 69 and the Governance of Indigenous Nordic Lands” See Abstract
Danielle Sibener Pensley, “Subsistence as Resistance: Implications of Environmental Ethics for Property Law”
10:45 a.m. Coffee Break
11:05 a.m. Shipping & the Law of the Sea
Moderator: Beverly Moran, Michigan State University College of Law, Visiting Professor from Vanderbilt University College of Law
Erik Franckx, “The Northern Sea Route Shipping Season 2012: A First Assessment” See Abstract
Donald R. Rothwell, “International Law and Arctic Shipping” See Abstract
Ingvild Ulrikke Jakobsen, “The Adequacy of the Law of the Sea and International Environmental Law to the Arctic Ocean” See Abstract
12:05 p.m. Lunch
12:40 p.m. Keynote Address
Timo Koivurova, “Final Battle over the ‘Final’ Hydrocarbon Province—the Arctic”
1:15 p.m. Indigenous Peoples’ Resources & Lands
Moderator: Wenona Singel, Michigan State University College of Law
Dorothée Cambou, “Control over Resources: A Prerequisite for the Realization of the Arctic Indigenous Right to Self-Determination” See Abstract
Timothy Heleniak, “The Migration of Arctic Populations”
Susann Funderud Skogvang, “Legal Questions Regarding Mineral Exploration and Exploitation in Indigenous Areas: Examples from Sami Areas in Norway” See Abstract
Rutherford Hubbard, “Risk, Rights and Responsibility: Navigating Corporate Responsibility and Indigenous Rights in Greenlandic Extractive Industry Development” See Abstract
2:25 p.m. Coffee Break
2:45 p.m. Natural Resources
Moderator: Noga Morag-Levine, Michigan State University College of Law
Andrew J. Van Wagner, “A Heating Competition for Unclaimed Resources” See Abstract
Vladimir Gladyshev, “Delimitation Issues: Cutting up the Arctic Pie”
Nikolas Sellheim, “The Neglected Tradition? The Crafting of the EU Seal Products Ban and Commercial Sealing” See Abstract
Betsy Baker, “Governance of the Marine Arctic for Resource Development” See Abstract
3:55 p.m. Coffee Break
4:15 p.m. Arctic Security
Moderator: John Reifenberg, Michigan State University College of Law
Adele Buckley, “Arctic Nuclear-Weapon-Free Treaty Ratification by Non-Nuclear Weapons States Models Cooperation and Presses Nuclear Weapon States to New Strategy” See Abstract
Natalia Loukacheva, “Polar Law, Arctic Security and Geo-Political Trends”
Zhixiong Huang, “Governance of the Arctic: The Role of China” See Abstract
5:15 p.m. Closing Remarks
6:30 p.m. Final Presenter Reception & Dinner
Kellogg Center, Red Cedar A & B
Keynote Speaker Bios
Dr. Lawson W. Brigham
Distinguished Professor of Geography and Arctic Policy, University of Alaska Fairbanks
Senior Fellow, Institute of the North (Anchorage, Alaska)
M.Phil. & Ph.D., University of Cambridge
M.S. Rensselaer Polytechnic Institute
Distinguished graduate, U.S. Naval War College
B.S., U.S. Coast Guard Academy
Dr. Brigham was chair of the Arctic Council’s Arctic Marine Shipping Assessment and vice chair of the council’s working group on Protection of the Arctic Marine Environment from 2005 to 2009. He was a career U.S. Coast Guard officer, serving from 1970 to 1995 and retiring with the rank of Captain. Dr. Brigham has been a research fellow at Woods Hole Oceanographic Institution, a faculty member of the U.S. Coast Guard Academy and the Naval Postgraduate School, and Alaska Office Director of the U.S. Arctic Research Commission. Captain Brigham was a 2008 signer of the American Geographical Society’s Flier’s and Explorer’s Globe, the Society’s historic globe that has been signed by more than 75 20th century explorers. He was named the 2010 Distinguished Alumnus of the U.S. Coast Guard Academy and currently serves as a member of NOAA’s federal Hydrographic Services Review Panel.
Rear Admiral Frederick J. Kenney, Jr.
Judge Advocate General, U.S, Coast Guard
Chief Counsel, U.S. Coast Guard
University of San Francisco School of Law
Michigan State University
Rear Admiral Kenney is responsible for the delivery of all legal services in support of the Coast Guard’s missions, its units and its people. He leads a dedicated, agile corps of legal professionals, including 194 military attorneys, 92 civilian attorneys and 87 legal support personnel. Some of Rear Admiral Kenney’s other legal assignments include duty as Chief of the Office of Maritime and International Law, Washington, DC, where he headed the United States delegation to the International Maritime Organization’s Legal Committee, and served as the Chairman of the Drafting Committee for the International Ballast Water Convention; Staff Judge Advocate, First Coast Guard District, Boston, MA; and Coast Guard Liaison Officer to the Office of Oceans Affairs, U.S. Department of State. Operational assignments include service as Commanding Officer of Coast Guard Pacific Area Tactical Law Enforcement Team, San Diego, CA and First Lieutenant and Operations Officer aboard Coast Guard Cutter WESTWIND, a polar icebreaker.
Research Professor and Director of the Northern Institute for Environmental and Minority Law, Arctic Centre, University of Lapland
Docent of International Law, University of Eastern Finland Faculty of Law, Economics and Business Administration
Docent of International Law, University of Turku Faculty of Law
Doctor of Law
Research professor Timo Koivurova is the chair of the University of the Arctic’s Thematic Network on Arctic Law. He also is a board member in the Arctic Research Consortium of the United States (ARCUS) and editor-in-chief of Brill’s The Yearbook of Polar Law. Koivurova is one of the leading figures in the debate on how the Arctic should be governed. His expertise spans from international environmental law to indigenous law and law of the sea. Professor Koivurova is a member of the IUCN’s Commission on Environmental Law (CEL) and has led several major international research projects. He has been invited as an expert in several Arctic and global processes, and currently is leading the making of the legal chapter in the Arctic Council’s Arctic Human Development Report II.
Associate Director of the Global Legal Studies Center, University of Wisconsin Law School
Attorney at Law, Supreme Court of Sri Lanka
Ph.D., University of Cambridge
LL.M., University of Cambridge
J.D., University of Wisconsin Law School
Sumudu Atapattu teaches seminar courses on “International Environmental Law” and“Climate Change, Human Rights and the Environment” at the University of Wisconsin Law School. She has published widely on issues relating to sustainable development, human rights and the environment, and climate change. Her book titled Emerging Principles of International Environmental Law was published by Transnational Publishers in 2006. She is the Lead Counsel for Poverty and Human Rights at the Center for International Environmental Law in Montreal, Canada, and is an advisory board member of the McGill International Journal of Sustainable Development Law and Policy. Before coming to the United States, she was an associate professor at the University of Colombo Law School and a consultant to the Law & Society Trust in Colombo, Sri Lanka. Her research interests include human rights and environment, climate change, environmental migration, and sustainable development.
Associate Professor, Vermont Law School (on leave 2012–13)
Visiting Scholar, Extended Continental Shelf Task Force, U.S. Department of State Office of Ocean and Polar Affairs
J.D., University of Michigan Law School
LL.M. and Dr. iur., Christian Albrechts-Universität, Kiel, Germany
B.A., Northwestern University
Professor Baker is an internationally recognized expert on Arctic law and policy. Her reputation builds on her work in Europe and the United States on law of the sea, international environmental law, comparative law, property law, and Canadian–U.S. cooperation. Professor Baker is a visiting scholar with the Extended Continental Shelf Task Force in Washington, DC. She is working with the inter-agency task force from the U.S. State Department in the Office of Ocean and Polar Affairs, which chairs the task force and is part of the Bureau of Oceans and International Environmental and Scientific Affairs.
Assistant Professor, School of Justice Studies, College of Justice and Safety, Eastern
Ph.D., Emory University
J.D., with honors, University of Connecticut School of Law
M.F.A., Pratt Institute
B.A., Oberlin College
An internationally recognized scholar in the field of green criminology, Dr. Avi Brisman recently completed a co-edited volume with Dr. Nigel South of the University of Essex titled The Routledge International Handbook of Green Criminology. Dr. Brisman currently is working on a second book with Dr. South titled Green Cultural Criminology, which will be published as part of Routledge’s series on “New Directions in Critical Criminology.”
Past Chair, Canadian Pugwash
Pugwash Council (International)
B.Sc., M.Sc., University of Alberta
Ph.D., University of Toronto
D.Sc., University of Toronto
Adele Buckley is a physicist, engineer, and environmental scientist. She is the former vice president of technology and research at the Ontario Centre for Environmental Technology Advancement; former vice president of Solarchem Environmental Systems; and a founding partner of Sciex. Her wide-ranging work in new environmental science and technology includes commercialization of new technology and verification of performance and international projects in Bangladesh and China. She leads the Canadian Pugwash Group campaign for a nuclear-weapon-free Arctic and acted as a project leader for the international conference titled “A Secure World Without Nuclear Weapons.” Buckley also led an international expert roundtable on fresh water, one of a series of roundtables on the looming crises of sustainability, compounded by climate change.
Researcher, Vrije Universiteit Brussel, Faculty of Law and Criminology, Centre for International Law
Dorothée Cambou’s research interests lie in the field of international law and human rights. She graduated with a bachelor of law in France at the University of Toulouse, spent a year at Queen’s University Belfast, and then graduated with a Master of International and European Comparative Law in Toulouse. In 2010, she followed the program of International and European Legal Studies at Antwerp University and attended the school’s program on human rights for development. She also participated in several conferences such as the AHRI/COST conference on “Empowerment through Human Rights” and the Polar Law Symposium held in Rovaniemi, Finland. Her doctoral thesis addresses the issue of indigenous self-determination with a specific emphasis on the Saami rights. She specializes in the field of indigenous and minority rights, with a focus on Arctic studies. Cambou will work next year at the Arctic Centre in Finland to pursue her research on indigenous peoples’ rights.
Professor of International Law, Vrije Universiteit Brussel (V.U.B.) (Brussels, Belgium)
Licentiaat in de Rechten, Vrije Universiteit Brussel
M.A., Interuniversity Centre for East European Studies (Belgium)
LL.M., University of Georgia
Ph.D., Vrije Universiteit Brussel
Professor Franckx is a research professor, president of the Department of International and European Law, director of the Centre for International Law, and vice dean for internationalization of the Faculty of Law and Criminology at the V.U.B. He holds teaching assignments at the Vesalius College (V.U.B.), Université Libre de Bruxelles, the Brussels School of International Studies (University of Kent at Canterbury), the Program on International Legal Cooperation (Institute of European Studies, V.U.B.), and the Université Paris-Sorbonne Abu Dhabi (United Arab Emirates). He has been appointed by Belgium as a member of the Permanent Court of Arbitration at The Hague, the Netherlands; an expert in marine scientific research for use in special arbitration under the 1982 United Nations Convention on the Law of the Sea; a legal expert in the Advisory Body of Experts of the Law of the Sea of the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization; and an expert in maritime boundary delimitation to the International Hydrographic Organization. He is the author of numerous writings on the international law of the sea and is co-author of Law of the Sea in a Nutshell, 2nd Edition (West Publishing Company, 2010).
J.D., with honors, Moscow State Institute of International Relations School of Law
Vladimir Gladyshev served as the legal diplomat on treaties in the Ministry of Foreign Affairs for 15 years, dealing with the issues regarding the law of the sea, delimitation, the Arctic, and Antarctica. He was posted to the Russian Embassy to Spain during his last five years at the Ministry. He then started practicing law in the private realm, representing foreign companies—including Procter and Gamble, Bristol-Myers Squibb, and Asahi Glass Company—in more than 400 cases in Russian courts. Gladyshev also has provided expert testimony in foreign courts and during international arbitration proceedings on issues concerning Russian and international law.
Munk-Gordon Arctic Security Research Fellow, Walter & Duncan Gordon Foundation
J.D. Candidate, Yale Law School
B.A., Harvard University
Adam Goldenberg is a Munk-Gordon Arctic Security Research Fellow at the Walter & Duncan Gordon Foundation and a J.D. candidate at Yale Law School, where he is a Kirby Simon Human Rights Fellow and an editor of the Yale Journal of International Law. From 2008 to 2011, Goldenberg was chief speechwriter to the Leader of the Opposition in the Parliament of Canada. He later served as a senior aide in the Government of Ontario. He was selected as an Action Canada Fellow in 2010. Goldenberg holds a B.A. in social studies with high honors from Harvard University, where he was a John Harvard Scholar and graduated Phi Beta Kappa.
Md. Waliul Hasanat
Associate Professor of Law, University of Rajshahi, Bangladesh
Associate Member and Researcher, Northern Institute for Environmental and Minority Law, Arctic Centre, University of Lapland, Finland
LL.D., University of Lapland
LL.M., University of Rajshahi
LL.B., with honors, University of Rajshahi
Dr. Md. Waliul Hasanat is an associate professor of law at the University of Rajshahi, Bangladesh, where he has taught since 1996. He also is an associate member and researcher in the Northern Institute for Environmental and Minority Law (NIEM) at the Arctic Centre, University of Lapland, Finland. He earned a Doctor of Laws degree from the University of Lapland for his LL.D. dissertation titled “Soft-Law Cooperation in International Law: The Arctic Council’s Efforts to Address Climate Change.” Hasanat is the special editor of the Yearbook of Polar Law for its fourth volume (forthcoming). His main research interests include soft law in international law, soft law cooperation, the Arctic Council, the Barents Euro-Arctic Council, Barents Regional Council, the Northern Forum, climate change in the Arctic, environmental protection, global and regional climate change policy, sustainable development and regional well-being, changes in the Circumpolar North, and the protection of minorities.
Director, American Geographical Society (Brooklyn, New York)
Dr. Timothy Heleniak has researched and written extensively on population change, migration, and regional economic development in Russia and the other states of the former Soviet Union and the Circumpolar North. He previously taught at Georgetown University and also has worked at the World Bank, UNICEF, and the U.S. Bureau of the Census. He is the editor of the journal titled Polar Geography.
Attorney and Consultant
J.D., University of Michigan Law School
Rutherford Hubbard is a lawyer specializing in anti-corruption and social compliance. He has worked with Transparency International Sri Lanka, the United Nations Office on Drugs and Crime and as an independent researcher. He has traveled extensively in the Arctic and conducted field research in half a dozen countries. Rutherford holds a J.D. from the University of Michigan Law School and an M.A. in Russian/East European Studies. He currently serves as a consultant in Phnom Penh, Cambodia.
Professor of Law, Law School of Wuhan University, China
SJD., Wuhan University
LL.M., Wuhan University and The World Trade Institute, Bern, Switzerland
B.A., Wuhan University
Professor Huang specializes in public international law and international trade law. His areas of academic interest include China in the WTO, governance of the cyberspace, climate change and international law, and Arctic issues. He was a Fulbright visiting scholar at Harvard Law School during academic year 2010–11. Before that, he also did visiting research at Utrecht University (the Netherlands), the Max-Planck Institute for Comparative Public Law and International Law (Germany), and Warsaw University (Poland).
Ingvild Ulrikke Jakobsen
Associate Professor, University of Tromso, Norway Faculty of Law
Ingvild Ulrikke Jakobsen specializes in international law of the sea and environmental law. Jakobsen defended her Ph.D. thesis, Marine Protected Areas in International Law: A Norwegian Perspective, in 2010.
Researcher, University of Lapland, Arctic Centre
The Northern Institute for Environmental and Minority Law
DSSc., University of Lapland (Doctor of Social Sciences)
Doctor Joona is a researcher at the Arctic Centre in the fields of international relations and international law. She specializes in the rights of indigenous peoples with a comparative approach. She also is acting as the vice-lead of the Arctic Law Thematic Network.
Nansen Professor of Arctic Studies, University of Aukeryi, Iceland
Founding Director of Graduate Polar Law Program
Research Associate at the Munk School of Global Affairs, University of Toronto
Adjunct Professor of Law, Osgoode Hall Law School, York University (Canada)
S.J.D., University of Toronto Faculty of Law
Ph.D., Urals State Law Academy
Natalia Loukacheva is a scholar of comparative constitutional and international law with research interests in the circumpolar region, covering eight Arctic States. She has received awards in Canada and abroad. Dr. Loukacheva is the author of the book titled The Arctic Promise: Legal and Political Autonomy of Greenland and Nunavut (University of Toronto Press, 2007). She has several publications on the issues of governance in the North, legal challenges in the Arctic, and the right to autonomy in international law and comparative constitutional jurisprudence.
Former Chief of Staff to the New Democratic Party Leader, Ed Broadbent MPFormer Member of the Yukon Legislative Assembly
Former Premier of Canada’s Yukon Territory
Professor, Simon Fraser University’s Master of Public Policy Program
Professor, Queen’s University School of Policy Studies
Tony Penikett served five terms in the Yukon Legislative Assembly and two terms as Premier of Canada’s Yukon Territory. His government negotiated the umbrella final agreement for First Nation land claims in the territory, Canada’s first third-order aboriginal self-government agreements and passed pioneering environment, education, health, language, as well as leading Yukon 2000, a much-admired bottom-up economic planning process. Penikett has served in Saskatchewan’s Cabinet Planning Unit and as Deputy Minister of Negotiations and, later, Labour for the Government of British Columbia. His is the author of Reconciliation: First Nations Treaty Making (Douglas & McIntyr, 2006). He also is the author of two films—The Mad Trapper (BBC TV/Time Life Films) and La Patrouille Perdue (ORTF France)—and a prize-winning play titled Separatism Comes to Squatters Row. Currently a Vancouver-based mediator, Penikett teaches in Simon Fraser University’s Master of Public Policy School and at Queen’s University School of Policy Studies. His recent work has taken him to the Eastern Arctic, Northern Europe, the Middle East, and South America.
Danielle Sibener Pensley
Associate, Nordhaus Law Firm
M.A., Cornell University
J.D., Cornell Law School
A.B., Princeton University, Woodrow Wilson School of Public Policy and International Affairs
Danielle Sibener Pensley is an associate with Nordhaus Law Firm, where she works on a wide variety of tribal environmental matters regarding soil, water, air, minerals, hazardous substances, and waste. Prior to joining the firm, she clerked for the Honorable Victor J. Wolski of the U.S. Court of Federal Claims (Washington, DC), where she gained expertise in takings claims against the federal government. She maintains a leadership role on the Native American Resources Committee with the Section of Energy, Environment, and Resources of the American Bar Association. Pensley’s research interests concern the intersection of tradition/modernity and planning/philosophy in remote and edge communities in the United States and abroad.
Donald R. Rothwell
Professor of International Law, ANU College of Law, Australian
Ph.D., University of Sydney
M.A., University of Calgary
LL.M., University of Alberta
B.A./LL.B., with honors, University of Queensland
Donald R. Rothwell is a former president of the Australian New Zealand Society of International Law. His expertise in international law specifically focuses on the law of the sea, law of the polar regions, and international law within Australia. He has worked actively in the past with non-governmental organizations reviewing the legality of Japanese whaling in the Southern Ocean, and is currently engaged in projects considering polar governance.
LL.D. Student, Legal Cultures in Transnational World (LeCTra) Faculty of Law
Researcher, Northern Institute for Environmental and Minority Law (NIEM), University of Lapland, Rovaniemi, Finland
M.A., Polar Law, University of Akureyri, Iceland
B.A., Scandinavian Studies, Humboldt University Berlin, Germany
B.A., Circumpolar Studies, Bodø University College, Norway
Nikolas Sellheim has worked in the Arctic Council’s Conservation of Arctic Flora and Fauna Working Group and in the International Office of the University of the Arctic. He is a former council member of the Association for Polar Early Career Scientists. Sellheim’s doctoral research deals with the impact of the European Union Seal Product Ban on the rural communities in Newfoundland and the discursive processes surrounding the ban itself.
Susann Funderud Skogvang
Associate Professor, University of Tromso Faculty of Law
Ph.D., University of Tromso
J.D., University of Tromso
Susann Funderud Skogvang received her law degree from University of Tromso in 2000, and her Ph.D. in law in 2012. In addition to her teaching and research at the Faculty of Law at the University of Tromso, Skogvang has practice as a lawyer and law clerk at the Supreme Court of Norway. Skogvang is an expert in Sami and international indigenous peoples law. She was the Secretary of the Group of Experts for the preparation of the Nordic Sami Convention, and member of the Coastal Fishing Committee for Finnmark. She is author of the books Sami Rights and The Right to fish in the Fjords and Coastal Waters and several articles in Sami law, international law on indigenous peoples, and fisheries law. Skogvang is the leader of the research group on Sami and indigenous peoples law at the University of Tromso. She also chairs the board of Riddu Riđđu Festival AS.
Andrew J. Van Wagner
Associate, Morris and Clemm
J.D., Villanova University School of Law
B.A., University of California at Davis
While at the Villanova University School of Law, Van Wagner was a member of the Villanova Environmental Law Journal, serving both as a staff writer and as the managing editor of student works. As a staff writer, his article A Look at a Melting Arctic and the Hot Competition for its Resources was chosen for publication. Van Wagner practices in the Philadelphia area and handles personal injury litigation, complex commercial litigation, and environmental litigation.