Legal Status of the Northern Sea Route of the Russian Federation

10.12737/7635 ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 0-0
Author(s):  
Вячеслав Гаврилов ◽  
Vyachyeslav Gavrilov
Keyword(s):  
International Law ◽  
Legal Status ◽  
The Arctic ◽  
Law Of The Sea ◽  
Comparative Characteristic ◽  
National Interests ◽  
Use Of Resources ◽  
Northern Sea Route ◽  
Key Issues ◽  
Characteristic Features

This article addresses to the key issues of the legal status of the Northern Sea Route in the historical perspective and in accordance with the Russian legislation. It contains the comparative characteristic of the Russian approach to this issue and the Canada´s rule-making activity in this area. It describes the characteristic features of the legal status of the internal waters, exclusive economic zone and some arctic straits of Russia in this context. Gives an answer to the question of its correlation with the norms of contemporary international law of the sea and, in particular, with the UN Convention of 1982. In this regard, the paper emphasizes that relevant Russian and Canadian legislation should be treated as lex specialis in relation to the regulation of navigation in the Arctic coastal areas that provide for higher navigation standards and requirements as compared to the international norms of international law of the sea. It is concluded that the integrity and specificity of the legal status of the Northern Sea Route, as well as the Russia´s ability to control using of it can be justified as by a logistic unity of this national transport communication of Russia and by features of the region, where it passes. Indicated the need for further development of regional and international cooperation in the Arctic and for creation of international instruments defining its terms and content. Here lies the key to the peaceful and effective use of resources and spaces of the Arctic taking into consideration the national interests of Russia and other Arctic countries.

The Law of the Sea Convention and the Northwest Passage

2007 ◽  
Vol 22 (2) ◽  
pp. 257-282 ◽  
Author(s):  
James Kraska
Keyword(s):  
United Nations ◽  
Sea Ice ◽  
International Law ◽  
Legal Status ◽  
International Maritime Organization ◽  
The Arctic ◽  
Law Of The Sea ◽  
Environment Canada ◽  
Northwest Passage ◽  
The Pacific

AbstractConcern over the loss of sea ice has renewed discussions over the legal status of the Arctic and sub-Arctic transcontinental maritime route connecting the Atlantic and the Pacific, referred to as the "Northwest Passage." Over the last thirty years, Canada has maintained that the waters of the Passage are some combination of internal waters or territorial seas. Applying the rules of international law, as reflected in the 1982 United Nations Law of the Sea Convention, suggests that the Passage is a strait used for international navigation. Expressing concerns over maritime safety and security, recognition of northern sovereignty, and protection of the fragile Arctic environment, Canada has sought to exercise greater authority over the Passage. This article suggests that Canada can best achieve widespread global support for managing its maritime Arctic by acknowledging that the passage constitutes an international strait and then working through the International Maritime Organization to develop a comprehensive package of internationally accepted regulations.

scholarly journals The Northern Sea Route: Problems of National Status Legitimization under International Law. Part II

2020 ◽  
pp. 130-147
Author(s):  
Pavel GUDEV ◽  
Keyword(s):  
International Law ◽  
Legal Status ◽  
The Arctic ◽  
Northern Sea Route ◽  
The Status ◽  
Ice Conditions ◽  
Legal Position ◽  
The Russian Federation ◽  
Broad Interpretation ◽  
Legal Grounds

The second part of the paper shows that the regime of navigation in the Arctic, particularly on the NSR, defended by Russia today, is much more liberal than that which existed in the Soviet years: up to the Gorbachev’s 1987 Murmansk speech the Soviet Arctic was a closed sea region for foreign navigation. Per-missive order of passage established today at the level of Russian national legislation applies only to civil ships, and in the framework of the 1982 Convention, measures to protect the marine environment from pollution from ships cannot be applied to warships, military auxiliary ships, and ships on the state non-commercial service. However, the presence on the Northern Sea routes of water areas with the status of internal historical waters, including several Arctic straits, plus the special legal status of the Arctic, which is not limited exclusively to the 1982 Convention, allows Russia to insist on the applicability of the permit regime also to foreign warships. This approach is based mainly on the two states’ practice with the longest coastline in the Arctic: the USSR and Canada. Navigation along the NSR in today’s ice conditions is not yet possible without passing through the waters of the Russian Arctic Straits, whose waters are classified by the USSR as internal on historical legal grounds. Although under the 1982 Convention, they can be conditionally regarded as international, the lack of permanent transit through them makes it possible not to recognize them as such. However, the Russian Federation’s task to turn the NSR into an international shipping route may lead to a weakening of the current legal position. A similar situation may arise concerning the enforcement of Article 234 “Ice Covered Areas” of the 1982 Convention, which gives the Arctic countries additional rights in the field of navigation control. Lack of ice cover in the Arctic during most of the year can significantly strengthen the position of Russia’s opponents, who insist on a too broad interpretation of this article on our part. Finally, climatic changes may lead to the NSR becoming more latitudinal, and then the Russian Federation will lose any legal grounds to regulate navigation.

The Northern Sea Route and the Seaward Extension of Uti Possidetis (Juris)

2014 ◽  
Vol 83 (4) ◽  
pp. 476-508 ◽  
Author(s):  
Christopher R. Rossi
Keyword(s):  
Climate Change ◽  
International Law ◽  
Legal Status ◽  
High Arctic ◽  
The United States ◽  
Roman Law ◽  
Law Of The Sea ◽  
Northern Sea Route ◽  
Human Rights Abuse ◽  
High Seas

Once considered impassable due to icebound conditions of the High Arctic, receding ice attributed to climate change and projections of ice-free polar seasons in coming decades may soon make the Northeast Passage a commercially viable conduit for seafaring traffic. A major stretch of this waterway atop Russia, straddling Eurasia from Providence Bay to Murmansk, passes through important geographic bottlenecks that scantily ever have been traversed by non-Russian ships, until most recently. This stretch, referred to as the Northern Sea Route, is claimed by Russia as historic waters, making its use subject to Russia’s complete sovereign decisions. The United States regards the Route as an international strait connecting two high seas, making transit free and open to all ships, military or commercial, in accordance with traditional High Seas freedoms and a newer right of transit passage. This article considers the prospect of a coming clash in the waters of the High Arctic over the legal status of the Northern Sea Route. Through analogous application of the Roman law principle of uti possidetis juris, a principle adapted to international law, but with serious criticism, this article argues that Russia’s claim of sovereign control over the Route finds legal support but is pragmatically and strategically weak. Existing lacunae in the governing international law of the sea nevertheless make consideration of the principle valuable, particularly components of the principle that emphasise factual circumstances, called effectivités, which support Russia’s claim. The creeping pelagic significance of this principle, historically tethered to terrestrial border delimitations and more recently to factual patterns involving gross human rights abuse, is affirmed, notwithstanding doctrinal criticisms about its topical application.

The Northwest Passage in International Law

1980 ◽  
Vol 17 ◽  
pp. 99-133 ◽  
Author(s):  
Donat Pharand
Keyword(s):  
International Law ◽  
Legal Status ◽  
The Arctic ◽  
Law Of The Sea ◽  
General Application ◽  
Northwest Passage ◽  
General Consensus ◽  
The Third ◽  
Third Law

The Arctic Waters in general and those of the Northwest passage in particular have been conspicuously absent from discussions in the Third Law of the Sea Conference. This does not mean, however, that a Convention of general application resulting from the Conference might not affect their legal status. Indeed, it might be possible to say already that the straits question is virtually settled and that the provisions of the Informal Composite Negociating Text, hereinafter referred to simply as the I.C.N.T., relating to passage through “straits used for international navigation” (Part III) and “archipelagic States” (Part IV), will be adopted without significant substantive changes. There have been no such changes since the Revised Single Negotiating Text of May 6, 1976, and the general consensus is that this issue of straits, once considered so difficult to resolve as possibly to cause failure of the Conference, is now settled.

scholarly journals The Legal Status of Archipelagos in the International Law of the Sea

2019 ◽  
Vol 2 (2) ◽  
pp. p189
Author(s):  
Maher Gamil Aboukhewat
Keyword(s):  
United Nations ◽  
International Law ◽  
Legal System ◽  
Legal Status ◽  
The Other ◽  
Law Of The Sea ◽  
Regional Security ◽  
United Nations Convention ◽  
Marine Areas ◽  
New System

The archipelagic States, which attempt to extend their control over the waters surrounding their islands, are demanding the establishment of a legal system for archipelagos in order to preserve their interests, their maritime wealth and their regional security. On the other hand, there are the great maritime States that hold on to the freedom of the sea and international navigation.The problems raised by the islands constituting the archipelago did not stand at the end of sovereignty disputes and their right to their own maritime areas, but many other problems were associated with the presence of archipelagic islands. The measurement of marine areas of archipelagic islands requires a description of how the baselines from which these areas are measured are to be drawn. Also, the measurement of marine areas of the islands of individual problems is different from those raised by the presence of the islands in the form of an archipelago. Drawing baselines also varies according to the archipelagic islands site, and whether they are located in front of the coast regions or at the entrances to the bays in these coasts, or were located in the sea or ocean.These problems remained subject to international controversy and tension until a new system of archipelagic State was adopted under Part IV of the United Nations Convention on the Law of the Sea in 1982, which represents a very important renewal of the international law of the sea.

scholarly journals Fisheries Regulation in the Maritime Zones of Svalbard

2012 ◽  
Vol 27 (1) ◽  
pp. 3-58 ◽  
Author(s):  
E.J. Molenaar
Keyword(s):  
Climate Change ◽  
European Union ◽  
International Law ◽  
European Commission ◽  
The Arctic ◽  
Law Of The Sea ◽  
Rapid Pace ◽  
Fisheries Regulation

Abstract The main focus of this article is the regulation of fishing in the maritime zones of Svalbard in light of both the Spitsbergen Treaty and the international law of the sea. It examines the legal positions of Norway, other states and the European Commission/European Union on, inter alia, the spatial scope of the Spitsbergen Treaty and complements this with analyses of relevant (sub-)regional and bilateral fisheries instruments and Norwegian legislation. These analyses illustrate, inter alia, that the practice of many states and entities involved seeks to reconcile legal positions on the spatial scope of the Spitsbergen Treaty with a raft of other interests. The conclusions also devote attention to possible pathways to resolve diverging positions, as well as to the potential for Norway to address the issue of unregulated fisheries in the context of the rapid pace of climate change in the Arctic.

scholarly journals International law and the military use of unmanned maritime systems

2016 ◽  
Vol 98 (902) ◽  
pp. 567-592 ◽  
Author(s):  
Michael N. Schmitt ◽  
David S. Goddard
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Legal Status ◽  
State Of The Art ◽  
Law Of The Sea ◽  
Naval Warfare ◽  
The Law ◽  
The Military

AbstractUnmanned maritime systems (UMSs) comprise an important subcategory of unmanned military devices. While much of the normative debate concerning the use of unmanned aerial and land-based devices applies equally to those employed on or under water, UMS present unique challenges in understanding the application of existing law. This article summarizes the technological state of the art before considering, in turn, the legal status of UMSs, particularly under the UN Convention on the Law of the Sea (UNCLOS), and the regulation of their use under the law of naval warfare. It is not yet clear if UMSs enjoy status as ships under UNCLOS; even if they do, it is unlikely that they can be classified as warships. Nevertheless, their lawful use is not necessarily precluded in either peacetime or armed conflict.

The Geneva Conference on the Law of the Sea and the Right of Innocent Passage through the Gulf of Aqaba

1959 ◽  
Vol 53 (3) ◽  
pp. 564-594 ◽  
Author(s):  
Leo Gross
Keyword(s):  
International Law ◽  
Legal Status ◽  
Law Of The Sea ◽  
Gulf Of Aqaba ◽  
General Assembly ◽  
The Law ◽  
The Right ◽  
Geneva Conference ◽  
International Law Commission ◽  
Law Commission

Since the United Nations Emergency Force moved in and occupied the heights overlooking the Straits of Tiran, the Gulf of Aqaba has been quiet. Ships, including Israel flag ships, move freely in and out. The right of passage claimed by Israel and other states was discussed in the Security Council in 1954, in the International Law Commission in 1956, in the General Assembly in 1956-57, and again at the Geneva Conference on the Law of the Sea February 24-April 27, 1958, and will be analyzed here. It should be stated at the outset that Israel's boundaries, including the strip at the northern end of the Gulf of Aqaba, are not an issue here. Nor is the Arab claim that a state of war continues to exist pertinent in determining the legal status of the Gulf and the Straits, although it obviously has some bearing on the availability to Israel of the right of “innocent” passage.

scholarly journals International legal treaty as a basis for scientific cooperation in the Arctic regions

2021 ◽  
Vol 112 ◽  
pp. 00051
Author(s):  
O Maksimova ◽  
A Armashova
Keyword(s):  
International Law ◽  
The Arctic ◽  
Law Of The Sea ◽  
Modern World ◽  
International Treaties ◽  
Scientific Cooperation ◽  
Arctic Council ◽  
Arctic Regions ◽  
The Russian Federation ◽  
Main Instrument

The paper analyzes international treaties related to the activities of states in the Arctic regions. These treaties constitute the legal basis for scientific cooperation. Due to the threat of climate change and global warming, the preservation of the Arctic ecosystem is becoming one of the urgent tasks for global scientific community. Russia, with its vast Arctic territories, can play a key role in joining the efforts of scientists from different countries. In the modern world, international cooperation is impossible without the established system of international legal treaties. The main instrument of international law for cooperation in the Arctic is the 1982 UN Convention on the Law Of the Sea. The success of scientific events in the Arctic depends on the results of the activities of the Arctic Council and on the effectiveness of activities, including research during the implementation of the Strategy for the Development of the Arctic Zone of the Russian Federation.

Sign in / Sign up

Export Citation Format

Share Document