The Kara Sea as an object of international legal policy of Russia
INRTODUCTION. Of all the Arctic seas going into the coast of Siberia, the Kara Sea is conspicuous because of delineation by islands from the rest of the Arctic Ocean. These islands are undisputedly under the sovereignty of Russia from the time immemorial. Such peculiarities have predetermined the ch...
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Moscow State Institute of International Relations (MGIMO)
2023
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ftdoajarticles:oai:doaj.org/article:81624b6de39e46e3ae878abdff513513 2023-12-03T10:15:34+01:00 The Kara Sea as an object of international legal policy of Russia N. A. Mincheva 2023-10-01T00:00:00Z https://doi.org/10.24833/0869-0049-2023-3-41-51 https://doaj.org/article/81624b6de39e46e3ae878abdff513513 EN RU eng rus Moscow State Institute of International Relations (MGIMO) https://www.mjil.ru/jour/article/view/2752 https://doaj.org/toc/0869-0049 https://doaj.org/toc/2619-0893 0869-0049 2619-0893 doi:10.24833/0869-0049-2023-3-41-51 https://doaj.org/article/81624b6de39e46e3ae878abdff513513 Московский журнал международного права, Vol 0, Iss 3, Pp 41-51 (2023) kara sea arctic internal waters base-lines the 1985 decree of the ussr council of ministers responsive measures Law of nations KZ2-6785 Comparative law. International uniform law K520-5582 article 2023 ftdoajarticles https://doi.org/10.24833/0869-0049-2023-3-41-51 2023-11-05T01:42:01Z INRTODUCTION. Of all the Arctic seas going into the coast of Siberia, the Kara Sea is conspicuous because of delineation by islands from the rest of the Arctic Ocean. These islands are undisputedly under the sovereignty of Russia from the time immemorial. Such peculiarities have predetermined the character of the power of the Russian Empire and the Soviet Union and the contemporary Russia relevant to the Cara Sea. In 2022 seven western States-Members of the Arctic Council introduced their disagreements with Russia relating to the non-Arctic issue, thus breaking the traditional “immunity” of the Arctic from political and legal conflicts in other regions.MATERIALS AND METHODS. The author researched the legal documents of the Russian Empire and the Soviet Union and the Russian Federation along with the research publications relating to the status of the Kara Sea. The methodological basis of the research methods as well as specific methods of jurisprudence are used.RESEARCH RESULTS. In the period of the Russian Empire the international law advisor to the Head of the Russian State asserted only the possibility to qualify the Kara Sea as internal waters of Russia. However, in the period of the Soviet Union the soviet legal scholars unanimously qualified the Kara Sea as part of the state territory of the USSR. However, at the official level no relevant legal act was adopted. In 1985 the Decree of the Government of the USSR was adopted according to which for the first time in the history the previous doctrinal position was dismissed and most of the Kara Sea was qualified as the waters beyond the state’s maritime territory.DISCUSSION AND CONCLUSIONS. In the author’s opinion, the 1985 the Decree of the Government of the USSR have consequences in the context of general international law, that is it is impossible for the modern Russia to return back to the soviet legal position as formulated by the soviet legal teachings. However, the 2022 breaking by the seven western Arctic states the traditional Arctic “immunity” from ... Article in Journal/Newspaper Arctic Council Arctic Arctic Ocean Kara Sea Siberia Directory of Open Access Journals: DOAJ Articles Arctic Arctic Ocean Cara ENVELOPE(161.100,161.100,-82.750,-82.750) Kara Sea Moscow Journal of International Law 3 41 51 |
institution |
Open Polar |
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Directory of Open Access Journals: DOAJ Articles |
op_collection_id |
ftdoajarticles |
language |
English Russian |
topic |
kara sea arctic internal waters base-lines the 1985 decree of the ussr council of ministers responsive measures Law of nations KZ2-6785 Comparative law. International uniform law K520-5582 |
spellingShingle |
kara sea arctic internal waters base-lines the 1985 decree of the ussr council of ministers responsive measures Law of nations KZ2-6785 Comparative law. International uniform law K520-5582 N. A. Mincheva The Kara Sea as an object of international legal policy of Russia |
topic_facet |
kara sea arctic internal waters base-lines the 1985 decree of the ussr council of ministers responsive measures Law of nations KZ2-6785 Comparative law. International uniform law K520-5582 |
description |
INRTODUCTION. Of all the Arctic seas going into the coast of Siberia, the Kara Sea is conspicuous because of delineation by islands from the rest of the Arctic Ocean. These islands are undisputedly under the sovereignty of Russia from the time immemorial. Such peculiarities have predetermined the character of the power of the Russian Empire and the Soviet Union and the contemporary Russia relevant to the Cara Sea. In 2022 seven western States-Members of the Arctic Council introduced their disagreements with Russia relating to the non-Arctic issue, thus breaking the traditional “immunity” of the Arctic from political and legal conflicts in other regions.MATERIALS AND METHODS. The author researched the legal documents of the Russian Empire and the Soviet Union and the Russian Federation along with the research publications relating to the status of the Kara Sea. The methodological basis of the research methods as well as specific methods of jurisprudence are used.RESEARCH RESULTS. In the period of the Russian Empire the international law advisor to the Head of the Russian State asserted only the possibility to qualify the Kara Sea as internal waters of Russia. However, in the period of the Soviet Union the soviet legal scholars unanimously qualified the Kara Sea as part of the state territory of the USSR. However, at the official level no relevant legal act was adopted. In 1985 the Decree of the Government of the USSR was adopted according to which for the first time in the history the previous doctrinal position was dismissed and most of the Kara Sea was qualified as the waters beyond the state’s maritime territory.DISCUSSION AND CONCLUSIONS. In the author’s opinion, the 1985 the Decree of the Government of the USSR have consequences in the context of general international law, that is it is impossible for the modern Russia to return back to the soviet legal position as formulated by the soviet legal teachings. However, the 2022 breaking by the seven western Arctic states the traditional Arctic “immunity” from ... |
format |
Article in Journal/Newspaper |
author |
N. A. Mincheva |
author_facet |
N. A. Mincheva |
author_sort |
N. A. Mincheva |
title |
The Kara Sea as an object of international legal policy of Russia |
title_short |
The Kara Sea as an object of international legal policy of Russia |
title_full |
The Kara Sea as an object of international legal policy of Russia |
title_fullStr |
The Kara Sea as an object of international legal policy of Russia |
title_full_unstemmed |
The Kara Sea as an object of international legal policy of Russia |
title_sort |
kara sea as an object of international legal policy of russia |
publisher |
Moscow State Institute of International Relations (MGIMO) |
publishDate |
2023 |
url |
https://doi.org/10.24833/0869-0049-2023-3-41-51 https://doaj.org/article/81624b6de39e46e3ae878abdff513513 |
long_lat |
ENVELOPE(161.100,161.100,-82.750,-82.750) |
geographic |
Arctic Arctic Ocean Cara Kara Sea |
geographic_facet |
Arctic Arctic Ocean Cara Kara Sea |
genre |
Arctic Council Arctic Arctic Ocean Kara Sea Siberia |
genre_facet |
Arctic Council Arctic Arctic Ocean Kara Sea Siberia |
op_source |
Московский журнал международного права, Vol 0, Iss 3, Pp 41-51 (2023) |
op_relation |
https://www.mjil.ru/jour/article/view/2752 https://doaj.org/toc/0869-0049 https://doaj.org/toc/2619-0893 0869-0049 2619-0893 doi:10.24833/0869-0049-2023-3-41-51 https://doaj.org/article/81624b6de39e46e3ae878abdff513513 |
op_doi |
https://doi.org/10.24833/0869-0049-2023-3-41-51 |
container_title |
Moscow Journal of International Law |
container_issue |
3 |
container_start_page |
41 |
op_container_end_page |
51 |
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1784262460321038336 |