“Environmental Dimension” of Article 234 of the United Nations Convention on the Law of the Sea and Russian Legislation on the Regulation of Navigation in the Waters of the Northern Sea Route

• Published in: Moscow Journal of International Law
• Main Authors: V. V. Gavrilov, G. S. Lyashko
• Format: Article in Journal/Newspaper
• Language: English; Russian
• Published: Moscow State Institute of International Relations (MGIMO) 2024
• Subjects: international law of the sea; un convention on the law of the sea; ice-covered areas; northern sea route; arctic; laws and regulations of a coastal state; prevention of marine pollution; russian legislation on arctic shipping; climate change; Law of nations; KZ2-6785; Comparative law. International uniform law; K520-5582; Arctic; Climate change; Global warming; Northern Sea Route; Sea ice; ice covered areas
• Online Access: https://doi.org/10.24833/0869-0049-2023-4-18-34; https://doaj.org/article/997626724e2742eaa537db69e5968405

INTRODUCTION. Climate change in the Arctic, caused by global warming, as well as the political processes taking place in the world associated with increased pressure from the countries of the collective West on the Russian Federation, again raise in Western doctrine the question of the validity of the Russian Federation establishing a national regime for navigation in the waters of the Northern Sea Route in accordance with Article 234 of the 1982 UN Convention on the Law of the Sea. Doubts have been raised about our country’s compliance with the Convention’s requirement to maintain a balance between freedom of navigation and environmental protection. The purpose of this work is to analyze the validity of claims against the Russian Federation regarding its alleged abuse of the right to establish a national regime for navigation in the Arctic under the guise of environmental protection.MATERIALS AND METHODS. The problems raised in the work are structurally divided into three main groups. The first of them is related to the analysis of the characteristics of shipping in the Arctic under conditions of a changing climate, as well as the determination of the need to establish a special legal regime for navigation in polar waters. The second is devoted to the systematic interpretation of Article 234 of the UN Convention on the Law of the Sea, in its relationship with other norms of the Convention, identifying the criteria and restrictions established therein in relation to the rules of navigation adopted by the coastal state in ice-covered areas, as well as the legal content of the requirement of “due attention to navigation and protection and conservation of the marine environment.” The third part of the work is devoted to assessing the legislation of the Russian Federation on the regulation of navigation along the Northern Sea Route for its compliance with the requirements of Article 234 and maintaining the balance of freedom of navigation and protection of the marine environment in the Arctic.RESEARCH RESULTS. The ...