Permafrost degradation is a legal matter

Abstract

New topical problems of permafrost degradation are identified in the context of a new sphere of legal regulation, primarily in the Arctic countries, with an emphasis on the legal problems of Russia. The object of research in the article consists of various legal consequences of the said phenomenon, manifested on very sensitive ecosystems, human, industrial, transport land spaces, that is, outside the maritime spaces. The study is based primarily on an integrated legal approach and appropriate legal instruments to address the emerging economic and legal consequences of the degradation of permafrost. This approach makes it possible to substantiate the recognition as an independent object of regulation of the phenomenon of permafrost and the need to develop its own legal conceptual framework. This approach is justified at both the national and international levels, as well as in the analysis of specialized and modified law institutions of the Arctic States. The article applies the advantage of the comparative legal method of studying the legislation of the Arctic states, as well as interdisciplinary and intersectoral methods of legal research. As a result, the need for a new independent scientific and applied integrated study of the legal problems of the degradation of permafrost can be considered. One of the conclusions of the work included the need to create international specialized legislation in the form of a model act. Research in the proposed format may determine the structure and content of future international legal regulation and the institutions that support it.

Keywords

• Degradation of permafrost
• Irresistible force
• Land rights
• Adaptation to negative climate change
• Environmental regulation
• Destruction of land