International Legal Grounds for Drawing by Demark, Norway and Canada Straight Baselines in the Arctic
The paper summarizes the legal experience of Canada, Denmark (relating to Greenland) and Norway in drawing straight baselines in the Arctic which join the furthest seaward points selected by a relevant coastal state in the context of applicable rules of the Contemporary International Law. The author...
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Moscow State Institute of International Relations (MGIMO)
2017
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ftdoajarticles:oai:doaj.org/article:1ef516fde2a2479292d9ca93234b9e78 2023-12-03T10:15:46+01:00 International Legal Grounds for Drawing by Demark, Norway and Canada Straight Baselines in the Arctic A. N. Vylegzhanin I. P. Dudykina 2017-12-01T00:00:00Z https://doi.org/10.24833/0869-0049-2017-1-28-40 https://doaj.org/article/1ef516fde2a2479292d9ca93234b9e78 EN RU eng rus Moscow State Institute of International Relations (MGIMO) https://www.mjil.ru/jour/article/view/164 https://doaj.org/toc/0869-0049 https://doaj.org/toc/2619-0893 0869-0049 2619-0893 doi:10.24833/0869-0049-2017-1-28-40 https://doaj.org/article/1ef516fde2a2479292d9ca93234b9e78 Московский журнал международного права, Vol 0, Iss 1, Pp 28-40 (2017) arctic coastal states justification in international law normal baselines straight baselines geographical factors customary rules of international law dispute between the united kingdom and norway and judgment of the international court of justice 1951 Law of nations KZ2-6785 Comparative law. International uniform law K520-5582 article 2017 ftdoajarticles https://doi.org/10.24833/0869-0049-2017-1-28-40 2023-11-05T01:42:22Z The paper summarizes the legal experience of Canada, Denmark (relating to Greenland) and Norway in drawing straight baselines in the Arctic which join the furthest seaward points selected by a relevant coastal state in the context of applicable rules of the Contemporary International Law. The authors of the paper have compiled the basic legal arguments, which were relied upon by the three Arctic Coastal States mentioned above to show the “legal purity” of their straight baselines along the Arctic coasts. Legal evaluation of such a practice of Norway, Canada and Denmark is suggested in the paper in the context of relevant rules of the Convention on the Territorial Sea and Contiguous Zone, 1958, and UNCLOS 1982, and the 1951 Judgment of the ICJ and relevant documents of the ILC. It is noted in the paper that the admissibility of such particularapplication by the three Arctic Coastal States of international legal provisions on baselines is well grounded by the complex of geographical, ecological and historical factors relating to a specific Arctic coast and to its concrete territorial sovereign. The conclusion is suggested that in spite the fact that the US protested against some of the straight baselines along the arctic coasts still the practice of Canada, Denmark and Norway in drawing straight baselines in the Arctic is in full accordance with applicable rules of the Contemporary International Law. It is also shown in the paper that the establishment of such straight baselines has a positive impact on the extent of sovereignty and sovereign rights of each of the respective Arctic Coastal State. Identification and assessment of arguments within international law in favor of establishment of straight baselines in the Arctic ocean - as these arguments were put forward by Denmark, Norway and Canada - has a practical value for the Russian Federation, because in accordance with the current Russian legislation straight baselines are not applied along the most part of its Arctic coast and instead “normal baselines” are ... Article in Journal/Newspaper Arctic Arctic Ocean Greenland Directory of Open Access Journals: DOAJ Articles Arctic Arctic Ocean Canada Greenland Norway |
institution |
Open Polar |
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Directory of Open Access Journals: DOAJ Articles |
op_collection_id |
ftdoajarticles |
language |
English Russian |
topic |
arctic coastal states justification in international law normal baselines straight baselines geographical factors customary rules of international law dispute between the united kingdom and norway and judgment of the international court of justice 1951 Law of nations KZ2-6785 Comparative law. International uniform law K520-5582 |
spellingShingle |
arctic coastal states justification in international law normal baselines straight baselines geographical factors customary rules of international law dispute between the united kingdom and norway and judgment of the international court of justice 1951 Law of nations KZ2-6785 Comparative law. International uniform law K520-5582 A. N. Vylegzhanin I. P. Dudykina International Legal Grounds for Drawing by Demark, Norway and Canada Straight Baselines in the Arctic |
topic_facet |
arctic coastal states justification in international law normal baselines straight baselines geographical factors customary rules of international law dispute between the united kingdom and norway and judgment of the international court of justice 1951 Law of nations KZ2-6785 Comparative law. International uniform law K520-5582 |
description |
The paper summarizes the legal experience of Canada, Denmark (relating to Greenland) and Norway in drawing straight baselines in the Arctic which join the furthest seaward points selected by a relevant coastal state in the context of applicable rules of the Contemporary International Law. The authors of the paper have compiled the basic legal arguments, which were relied upon by the three Arctic Coastal States mentioned above to show the “legal purity” of their straight baselines along the Arctic coasts. Legal evaluation of such a practice of Norway, Canada and Denmark is suggested in the paper in the context of relevant rules of the Convention on the Territorial Sea and Contiguous Zone, 1958, and UNCLOS 1982, and the 1951 Judgment of the ICJ and relevant documents of the ILC. It is noted in the paper that the admissibility of such particularapplication by the three Arctic Coastal States of international legal provisions on baselines is well grounded by the complex of geographical, ecological and historical factors relating to a specific Arctic coast and to its concrete territorial sovereign. The conclusion is suggested that in spite the fact that the US protested against some of the straight baselines along the arctic coasts still the practice of Canada, Denmark and Norway in drawing straight baselines in the Arctic is in full accordance with applicable rules of the Contemporary International Law. It is also shown in the paper that the establishment of such straight baselines has a positive impact on the extent of sovereignty and sovereign rights of each of the respective Arctic Coastal State. Identification and assessment of arguments within international law in favor of establishment of straight baselines in the Arctic ocean - as these arguments were put forward by Denmark, Norway and Canada - has a practical value for the Russian Federation, because in accordance with the current Russian legislation straight baselines are not applied along the most part of its Arctic coast and instead “normal baselines” are ... |
format |
Article in Journal/Newspaper |
author |
A. N. Vylegzhanin I. P. Dudykina |
author_facet |
A. N. Vylegzhanin I. P. Dudykina |
author_sort |
A. N. Vylegzhanin |
title |
International Legal Grounds for Drawing by Demark, Norway and Canada Straight Baselines in the Arctic |
title_short |
International Legal Grounds for Drawing by Demark, Norway and Canada Straight Baselines in the Arctic |
title_full |
International Legal Grounds for Drawing by Demark, Norway and Canada Straight Baselines in the Arctic |
title_fullStr |
International Legal Grounds for Drawing by Demark, Norway and Canada Straight Baselines in the Arctic |
title_full_unstemmed |
International Legal Grounds for Drawing by Demark, Norway and Canada Straight Baselines in the Arctic |
title_sort |
international legal grounds for drawing by demark, norway and canada straight baselines in the arctic |
publisher |
Moscow State Institute of International Relations (MGIMO) |
publishDate |
2017 |
url |
https://doi.org/10.24833/0869-0049-2017-1-28-40 https://doaj.org/article/1ef516fde2a2479292d9ca93234b9e78 |
geographic |
Arctic Arctic Ocean Canada Greenland Norway |
geographic_facet |
Arctic Arctic Ocean Canada Greenland Norway |
genre |
Arctic Arctic Ocean Greenland |
genre_facet |
Arctic Arctic Ocean Greenland |
op_source |
Московский журнал международного права, Vol 0, Iss 1, Pp 28-40 (2017) |
op_relation |
https://www.mjil.ru/jour/article/view/164 https://doaj.org/toc/0869-0049 https://doaj.org/toc/2619-0893 0869-0049 2619-0893 doi:10.24833/0869-0049-2017-1-28-40 https://doaj.org/article/1ef516fde2a2479292d9ca93234b9e78 |
op_doi |
https://doi.org/10.24833/0869-0049-2017-1-28-40 |
_version_ |
1784262650653310976 |