The Prospects of Evolution of the Baseline Systems in the Arctic

• Published in: Water
• Main Authors: Boris Morgunov, Inna Zhuravleva, Boris Melnikov
• Format: Article in Journal/Newspaper
• Language: English
• Published: MDPI AG 2021
• Subjects: coastal states; normal baselines; strait baselines; maritime territories; international practices of law application; Hydraulic engineering; TC1-978; Water supply for domestic and industrial purposes; TD201-500; Arctic; Arctic Ocean
• Online Access: https://doi.org/10.3390/w13081082; https://doaj.org/article/91cc9012887849759d6e13189701b430

The article discusses the notion of “baselines” and the legal framework for drawing them, as well as the practice of drawing baselines, primarily by the coastal Arctic states. As a result of analysis, we make a suggestion that the existing system of baselines in the Arctic Ocean seas may evolve on the basis of international legal rules, with due account taken of the practice of applying them, and through the use of such a legal concept as “historic waters.” The article covers the interpretation of the concept of “historic waters” in various sources, indicating how this concept is used by different states to proclaim their rights to adjacent maritime areas on historical grounds. We have drawn on our extensive research and documents identified that may be used by the Russian Federation to expand its “historic waters” on the Arctic coast. At the same time, we have not aimed at making specific proposals on changing the location of the existing baselines or declaring new Arctic water areas “historic waters.” Rather, our objective was to comprehensively study the possibility of preparing such proposals.