1. Workshop introduction and mapping out the field
Questions of physical space and international law have become prominent with novel extensions in the appropriation of human bodies, the sea, or outer space. New technologies have allowed for the commercialization of outer space, or the increasingly melting Arctic area. These issues are challenging our existing notions of territoriality, ownership, and borders, as well as the claims to international legal universality.
International law currently appears to function in tension with a variety of processes, which it cannot easily control. For instance, we can observe this in the challenge posed by climate change or the human exploration and use of outer space. A more traditional challenge stems from the contradiction between international law’s aspirations to universality and the parochial interests of states.
In this project we shall aim to address several of these themes: the rush for the resources in the “global Arctic”; potential for resource extraction in the outer space; the role of new technologies; and the individual role of States. In particular, we are interested in the current and/or future involvement of individual states such the USA, Luxembourg, Russian Federation, China, and Japan, and the constitution of elements of Customary International Law.
Environmental and ecological concerns do not always coincide with the economic, political and strategic interests of states. International law has yet to respond to both. The international legal response to potential new resources in the Arctic has been mostly connected to interests of ‘ownership’: potential ‘grabs in the Arctic’; the question of territorial sovereignty; and deep seabed mining (and other forms of natural resource exploitation). In order to become more responsive to the novel challenges, international law will have to expand its disciplinary boundaries to accommodate processes beyond human and/or legal control.[1]
2. The main objectives of the workshop were as follows:
- Potential organization of a Consortium on the covered themes at the University of Helsinki
- Possibilities for transdisciplinary and international collaboration
- An edited volume on the theme (possible venues proposed were for e.g.: American Journal of International Law –unbound, London Review of International Law, Leiden Journal of International Law. It was also discussed that the publication should be in a book format.
3. Participants discussed the main themes and possibilities of including works from both different spheres of law (international public law, private law, transnational law, law and technology, law of the sea, outer space law) and other disciplines (economics, international relations, environmental studies, political science). It was expressed that we should take a more overt economic focus. For instance:
- The new resources of the Arctic and outer space are a new horizon for capital growth, that’s why they are needed;
- Lessons from the global commons and exploitation bias;
- Is international law suitable as a response?
- How do we build on the limited space law there is?
- What might a rule of law in ‘new spaces’ look like?
- What does the materiality of space mean for law – the legal geography question;
- Law is a to date terrestrial phenomena.
4. Additional topics of discussion were:
- The role of the private actors in defining the global financial system;
- History of lex mercatoria, and especially the role of the 19th century liberalism;
- The role of individual states in promoting national interests through private actors (Russia, China, USA, Luxembourg, UAE, Japan etc.);
- Areas beyond national jurisdiction; sources of customary international law;
- The impact of robotics AI technology on international law’s “frontiers”;
- The role of contract and tort law.
5. It was proposed that we should reach out to the private sector for both funding and participation in the project.
6. The specific outcomes of the workshop are as follows:
- A proposal for an edited volume; and a CFP (with a deadline in June 2019). CFP will be based on the specific proposal and thematic outline.
- A conference at the University of Helsinki in the spring of 2019.
- An organization of a consortium and external research funding application.
- Creating a folder for a shared bibliography. This would help researchers and practitioners from different disciplines to become better acquainted with literature outside of their immediate fields.
7. Expressions of interests/proposals for the edited volume should be forwarded to Dr. Elena Cirkovic at ecirkovic@hse.ru by October 31, 2019.
[1] E. Cirkovic, “Guest Editorial: Ice, space, and the final frontier of international law’s universality”, European Society of International Law (ESIL), March 2018. Available at: http://www.esil-sedi.eu/node/2073; “Russia, international law, and the melting of the Arctic”, Völkerrechtsblog, 22 January 2018, doi: 10.17176/20180113-182626. Available at: http://voelkerrechtsblog.org/russia-international-law-and-the-melting-o…
[1] E. Cirkovic, “Guest Editorial: Ice, space, and the final frontier of international law’s universality”, European Society of International Law (ESIL), March 2018. Available at: http://www.esil-sedi.eu/node/2073; “Russia, international law, and the melting of the Arctic”, Völkerrechtsblog, 22 January 2018, doi: 10.17176/20180113-182626. Available at: http://voelkerrechtsblog.org/russia-international-law-and-the-melting-o…
[1] E. Cirkovic, “Guest Editorial: Ice, space, and the final frontier of international law’s universality”, European Society of International Law (ESIL), March 2018. Available at: http://www.esil-sedi.eu/node/2073; “Russia, international law, and the melting of the Arctic”, Völkerrechtsblog, 22 January 2018, doi: 10.17176/20180113-182626. Available at: http://voelkerrechtsblog.org/russia-international-law-and-the-melting-o…