The Northern Sea Route: Problems of National Status Legitimization under International Law. Part I
The Northern Sea Route (NSR) for the Russian Federation is a strategically important maritime communication with the status of a historically established national transport artery. Despite its applicabil-ity to the Arctic, and therefore to the waters of the NSR, the norms and provisions of the moder...
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Format: | Article in Journal/Newspaper |
Language: | English Russian |
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Northern Arctic Federal University
2020
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Online Access: | https://doi.org/10.37482/issn2221-2698.2020.40.142 https://doaj.org/article/e74bd07461f74bc1b710d3afd0a6f89f |
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fttriple:oai:gotriple.eu:oai:doaj.org/article:e74bd07461f74bc1b710d3afd0a6f89f 2023-05-15T14:55:51+02:00 The Northern Sea Route: Problems of National Status Legitimization under International Law. Part I Pavel A. GUDEV 2020-09-01 https://doi.org/10.37482/issn2221-2698.2020.40.142 https://doaj.org/article/e74bd07461f74bc1b710d3afd0a6f89f en ru eng rus Northern Arctic Federal University doi:10.37482/issn2221-2698.2020.40.142 2221-2698 https://doaj.org/article/e74bd07461f74bc1b710d3afd0a6f89f undefined Арктика и Север, Iss 40, Pp 116-135 (2020) northern sea route arctic usa un convention on the law of the sea 1982 international straits right of transit passage internal waters historical legal grounds freedom of navigation national legislation droit scipo Journal Article https://vocabularies.coar-repositories.org/resource_types/c_6501/ 2020 fttriple https://doi.org/10.37482/issn2221-2698.2020.40.142 2023-01-22T19:25:54Z The Northern Sea Route (NSR) for the Russian Federation is a strategically important maritime communication with the status of a historically established national transport artery. Despite its applicabil-ity to the Arctic, and therefore to the waters of the NSR, the norms and provisions of the modern international maritime law, and, first of all, the 1982 UN Convention on the Law of the Sea (UNCLOS), Russia declares the important role of the national legislation on the regulation of navigation on the NSR. Such a situation is conditioned by the existing historical practice, the tacit agreement of most states, as well as the special environmental vulnerability of the Arctic region and the desire to prevent the marine environment pollution due to the navigation. Among the main opponents of this approach is the USA, which traditionally disputes the unified permitting regime for navigation along the NSR as an example of Russia's extremely broad interpretation of the norms and provisions of UNCLOS. The first part of the paper will show how those legal approaches used by Russia to introduce the national level of the NSR regulation, i.e., the concept of internal historical waters and the method of straight baselines, do not contradict UNCLOS, as they go beyond its limits and are based mostly on customary norms of international law (the so-called international custom) rather than treaties. The U.S. disagreement with such an assertion is discredited by the fact that Washington is not a full party to UNCLOS, and thus cannot fully enjoy all the prerogatives it has introduced. Article in Journal/Newspaper Arctic Law of the Sea Northern Sea Route Unknown Arctic Arctic and North 40 142 164 |
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language |
English Russian |
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northern sea route arctic usa un convention on the law of the sea 1982 international straits right of transit passage internal waters historical legal grounds freedom of navigation national legislation droit scipo |
spellingShingle |
northern sea route arctic usa un convention on the law of the sea 1982 international straits right of transit passage internal waters historical legal grounds freedom of navigation national legislation droit scipo Pavel A. GUDEV The Northern Sea Route: Problems of National Status Legitimization under International Law. Part I |
topic_facet |
northern sea route arctic usa un convention on the law of the sea 1982 international straits right of transit passage internal waters historical legal grounds freedom of navigation national legislation droit scipo |
description |
The Northern Sea Route (NSR) for the Russian Federation is a strategically important maritime communication with the status of a historically established national transport artery. Despite its applicabil-ity to the Arctic, and therefore to the waters of the NSR, the norms and provisions of the modern international maritime law, and, first of all, the 1982 UN Convention on the Law of the Sea (UNCLOS), Russia declares the important role of the national legislation on the regulation of navigation on the NSR. Such a situation is conditioned by the existing historical practice, the tacit agreement of most states, as well as the special environmental vulnerability of the Arctic region and the desire to prevent the marine environment pollution due to the navigation. Among the main opponents of this approach is the USA, which traditionally disputes the unified permitting regime for navigation along the NSR as an example of Russia's extremely broad interpretation of the norms and provisions of UNCLOS. The first part of the paper will show how those legal approaches used by Russia to introduce the national level of the NSR regulation, i.e., the concept of internal historical waters and the method of straight baselines, do not contradict UNCLOS, as they go beyond its limits and are based mostly on customary norms of international law (the so-called international custom) rather than treaties. The U.S. disagreement with such an assertion is discredited by the fact that Washington is not a full party to UNCLOS, and thus cannot fully enjoy all the prerogatives it has introduced. |
format |
Article in Journal/Newspaper |
author |
Pavel A. GUDEV |
author_facet |
Pavel A. GUDEV |
author_sort |
Pavel A. GUDEV |
title |
The Northern Sea Route: Problems of National Status Legitimization under International Law. Part I |
title_short |
The Northern Sea Route: Problems of National Status Legitimization under International Law. Part I |
title_full |
The Northern Sea Route: Problems of National Status Legitimization under International Law. Part I |
title_fullStr |
The Northern Sea Route: Problems of National Status Legitimization under International Law. Part I |
title_full_unstemmed |
The Northern Sea Route: Problems of National Status Legitimization under International Law. Part I |
title_sort |
northern sea route: problems of national status legitimization under international law. part i |
publisher |
Northern Arctic Federal University |
publishDate |
2020 |
url |
https://doi.org/10.37482/issn2221-2698.2020.40.142 https://doaj.org/article/e74bd07461f74bc1b710d3afd0a6f89f |
geographic |
Arctic |
geographic_facet |
Arctic |
genre |
Arctic Law of the Sea Northern Sea Route |
genre_facet |
Arctic Law of the Sea Northern Sea Route |
op_source |
Арктика и Север, Iss 40, Pp 116-135 (2020) |
op_relation |
doi:10.37482/issn2221-2698.2020.40.142 2221-2698 https://doaj.org/article/e74bd07461f74bc1b710d3afd0a6f89f |
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op_doi |
https://doi.org/10.37482/issn2221-2698.2020.40.142 |
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Arctic and North |
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40 |
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142 |
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164 |
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