The Russia-USA legal dispute over the straits of the Northern Sea Route and similar case of the Northwest Passage

• Published in: Arctic and North
• Main Author: Andrey A. Todorov
• Format: Article in Journal/Newspaper
• Language: English; Russian
• Published: Northern Arctic Federal University 2017
• Subjects: he Arctic; the Northern Sea Route; Russia; the USA; international straits; freedom of navigation; law of the sea; internal waters; sovereignty; Canada; the Northwest Passage; droit; scipo; Arctic; Northwest Passage; Law of the Sea; Northern Sea Route; Northwest passage; Sea ice
• Online Access: https://doi.org/10.17238/issn2221-2698.2017.29.74; https://narfu.ru/upload/iblock/d65/04_Todorov.pdf; https://doaj.org/article/9c498143c92b4122a77b3f0c10ad2ab1

This article examines the legal status of the Northern Sea Route (NSR), which has been a subject of dispute between the Soviet Union\Russia and the United States for over fifty years. The main legal issue of the analysis is the question whether straits of the Northern Sea Route are international, where the freedom of navigation applies, or whether the straits are internal waters of Russia and they are subjected to national rules of navigation. The case of the Northern Sea Route straits is considered from a historical perspective and with references to relevant provisions of the contemporary international law of the sea. A similar dispute between Canada and the USA over the Northwest Passage is assessed as well. The author concludes that the USA has a disadvantageous position in the disputes due to difficulties in proving that both routes can meet necessary criteria for international straits developed by the international law. So far, the debate on legal status of the NSR waters is more of theoretical nature and has no practical implications. However, the situation might change with the Arctic sea ice melting and Russia planning to use the NSR on a much larger international scale.