Offshore Oil and Gas Development in the Arctic under International Law: Risk and Responsibility -- Copyright -- Dedication -- Contents -- Preface -- Acknowledgments -- Table of Acronyms -- Table of Cases -- Table of Treaties -- PART 1: Arctic Offshore Hydrocarbons and International Environmental Law -- 1 Introduction -- 1.1 Governance, Development and the Right to Development -- 1.2 A Legal Approach -- 1.3 Outline of the Book -- 2 Drilling in the Arctic -- 2.1. Defining the Arctic -- 2.2 Offshore Hydrocarbon Resources -- 2.3 Vulnerability in the Arctic -- 2.4 Time -- 3 Identifying International Environmental Law -- 3.1 Sources of Law -- 3.2 Legal Norms -- PART 2: The Obligations of States to Protect the Arctic Marine Environment -- 4 The Right to Resources and the No Harm Principle -- 4.1 Permanent Sovereignty over Natural Resources and the Right to Exploit Them -- 4.2 The No Harm Principle -- 4.3 Rights to Resources on the Continental Shelf -- 4.4 Duties to Protect and Preserve the Marine Environment -- 4.5 A New Instrument for the Arctic Eight? -- 4.6 Striking the Balance between the Right to Exploit Resources and the No Harm Principle -- 5 Human Rights and the Rights of Indigenous Peoples -- 5.1 Protecting the Environment through a Human Rights Lens -- 5.2 Human Rights in the Marine Arctic -- 5.3 Relevant Instruments, their Mechanisms and Status -- 5.4 The Rights of Indigenous Peoples with respect to Offshore Oil and Gas -- 5.5 Human Rights and Offshore Oil and Gas -- 5.6 Transboundary Human Rights Claims -- 5.7 Observations on Indigenous and Human Rights with respect to Offshore Hydrocarbon Activities in the Marine Arctic -- 6 Caution and Precaution -- 6.1 The Content of the Precautionary Approach -- 6.2 The Relationship between Prevention and Precaution.

6.3 The Contemporary Status of the Precautionary Approach -- 6.4 Core Elements of the Precautionary Approach -- 6.5 Observations on the Precautionary Approach for Hydrocarbon Activities in the Marine Arctic -- 7 The Environmental Impact Assessment -- 7.1 EIA and TEIA Frameworks of Potential Application in the Marine Arctic -- 7.2 A Minimum Core for an Internationally Acceptable EIA for Hydrocarbon Activities in the Marine Arctic -- 7.3 Implications of the EIA or the Failure to Conduct it Properly -- 7.4 Observations on the EIA for Hydrocarbon Activities in the Marine Arctic -- 8 Monitoring and Follow-Up -- 8.1 The Duty to Monitor Environmental Impacts -- 8.2 Human Rights Monitoring -- 8.3 Observations on Monitoring and Follow-up of Impacts from Hydrocarbon Activities in the Marine Arctic -- PART 3: Responsibility and Liability -- 9 Legal Consequences of Failures to Protect the Environment -- 10 State Responsibility for Wrongful Conduct -- 10.1 For Whose Conduct does the State Bear Responsibility? -- 10.2 For What Conduct does the State Bear Responsibility? -- 10.3 To Whom does the State Bear Responsibility? -- 10.4 What are the Consequences of State Responsibility in International Environmental Law? -- 10.5 Observations on State Responsibility for Hydrocarbon Activities in the Marine Arctic -- 11 Liability for Damage in the Absence of a State's Wrongful Conduct -- 11.1 Treaty-Based Civil Liability Regimes -- 11.2 Who is Liable for Environmental Damage? -- 11.3 For What is the Operator Liable? -- 11.4 To Whom is Reparation Owed? -- 11.5 What are the Consequences of International Liability? -- 11.6 Observations on Liability for Hydrocarbon Activities in the Marine Arctic -- PART 4: Conclusions -- 12 The Extent and Limitations of International Law in the Marine Arctic -- 12.1 The No Harm Principle.

12.2 Responsibility and Liability -- 12.3 Final Observations -- Bibliography -- Index.