Russian Arctic Sector Boundaries: The International Issues of Legal Regime in the Arctic Region

• Published in: Economics and Culture
• Main Author: Shvelidze, Sofiya
• Format: Article in Journal/Newspaper
• Language: English
• Published: Walter de Gruyter GmbH 2019
• Subjects: Arctic; Law of the Sea
• Online Access: http://dx.doi.org/10.2478/jec-2019-0012; https://content.sciendo.com/view/journals/jec/16/1/article-p108.xml; https://www.sciendo.com/pdf/10.2478/jec-2019-0012

Abstract Research purpose. The regime of maritime spaces as a general rule ‘is determined by the principles and norms of international law relating to the oceans and enshrined in the Geneva Convention on the Law of the Sea of 1958 and the United Nations Convention on the Law of the Sea of 1982(UNCLOS) . However, the issue is that UNCLOS practically does not fix any special regime on the Arctic, bearing in mind that the use of the Arctic spaces is rather effectively regulated at the national levels. Arctic issues in this regard lacked in-depth analysis, and no attempts to develop specific norms and approaches with regard to the Arctic region were made, with the exception of Article 234 of UNCLOS, which is related to the right of the coastal States to ‘regulate navigation’ in its Exclusive Economic Zones. The purpose of the current research is to analyse how far a State may go in the process of establishment of the laws and regulations while exercising the right granted by Article 234, with the particular focus made on the position taken by the Russian Federation. Design / Methodology / Approach. In order to achieve the aims of the research, a descriptive method was chosen as the method for clarification on the legal regime currently applicable in the Russian Arctic Sector, in particular supported by the dogmatic method, in order to understand and explain the position taken by the legislative bodies. Findings. The result of the research is the attempts to satisfy how having interests and stakes in the region of high overall salience contributes to prioritization by Russian Federation of its rights over the region by restrictions imposed on the navigational freedoms granted to the States by UNCLOS. Additionally, suggestions are made in respect of the possible solutions necessary in order to strike a balance between national interests of the Arctic States and rights of others States to access the area without causing any harm to the environment and security of the region.