The Northern Sea Route: Problems of National Status Legitimization under International Law. Part II
The second part of the paper shows that the regime of navigation in the Arctic, particularly on the NSR, defended by Russia today, is much more liberal than that which existed in the Soviet years: up to the Gorbachev’s 1987 Murmansk speech the Soviet Arctic was a closed sea region for foreign naviga...
Published in: | Arctic and North |
---|---|
Main Author: | |
Format: | Article in Journal/Newspaper |
Language: | English Russian |
Published: |
Northern Arctic Federal University
2020
|
Subjects: | |
Online Access: | https://doi.org/10.37482/issn2221-2698.2020.41.130 https://doaj.org/article/f90209c0c2d5461592a1482b1b03ce5b |
id |
fttriple:oai:gotriple.eu:oai:doaj.org/article:f90209c0c2d5461592a1482b1b03ce5b |
---|---|
record_format |
openpolar |
spelling |
fttriple:oai:gotriple.eu:oai:doaj.org/article:f90209c0c2d5461592a1482b1b03ce5b 2023-05-15T14:38:52+02:00 The Northern Sea Route: Problems of National Status Legitimization under International Law. Part II Pavel A. GUDEV 2020-12-01 https://doi.org/10.37482/issn2221-2698.2020.41.130 https://doaj.org/article/f90209c0c2d5461592a1482b1b03ce5b en ru eng rus Northern Arctic Federal University doi:10.37482/issn2221-2698.2020.41.130 2221-2698 https://doaj.org/article/f90209c0c2d5461592a1482b1b03ce5b undefined Арктика и Север, Vol 41, Iss 41, Pp 112-126 (2020) northern sea route arctic usa un convention on the law of the sea 1982 international straits right of innocent passage right of transit passage inland waters historical legal grounds freedom of navigation droit geo Journal Article https://vocabularies.coar-repositories.org/resource_types/c_6501/ 2020 fttriple https://doi.org/10.37482/issn2221-2698.2020.41.130 2023-01-22T19:35:10Z The second part of the paper shows that the regime of navigation in the Arctic, particularly on the NSR, defended by Russia today, is much more liberal than that which existed in the Soviet years: up to the Gorbachev’s 1987 Murmansk speech the Soviet Arctic was a closed sea region for foreign navigation. Permissive order of passage established today at the level of Russian national legislation applies only to civil ships, and in the framework of the 1982 Convention, measures to protect the marine environment from pollution from ships cannot be applied to warships, military auxiliary ships, and ships on the state non-commercial service. However, the presence on the Northern Sea routes of water areas with the status of internal historical waters, including several Arctic straits, plus the special legal status of the Arctic, which is not limited exclusively to the 1982 Convention, allows Russia to insist on the applicability of the permit regime also to foreign warships. This approach is based mainly on the two states’ practice with the longest coastline in the Arctic: the USSR and Canada. Navigation along the NSR in today’s ice conditions is not yet possible without passing through the waters of the Russian Arctic Straits, whose waters are classified by the USSR as internal on historical legal grounds. Although under the 1982 Convention, they can be conditionally regarded as international, the lack of permanent transit through them makes it possible not to recognize them as such. However, the Russian Federation’s task to turn the NSR into an international shipping route may lead to a weakening of the current legal position. A similar situation may arise concerning the enforcement of Article 234 “Ice Covered Areas” of the 1982 Convention, which gives the Arctic countries additional rights in the field of navigation control. Lack of ice cover in the Arctic during most of the year can significantly strengthen the position of Russia’s opponents, who insist on a too broad interpretation of this article on our part. ... Article in Journal/Newspaper Arctic Law of the Sea Northern Sea Route ice covered areas Unknown Arctic Canada Murmansk Arctic and North 41 130 147 |
institution |
Open Polar |
collection |
Unknown |
op_collection_id |
fttriple |
language |
English Russian |
topic |
northern sea route arctic usa un convention on the law of the sea 1982 international straits right of innocent passage right of transit passage inland waters historical legal grounds freedom of navigation droit geo |
spellingShingle |
northern sea route arctic usa un convention on the law of the sea 1982 international straits right of innocent passage right of transit passage inland waters historical legal grounds freedom of navigation droit geo Pavel A. GUDEV The Northern Sea Route: Problems of National Status Legitimization under International Law. Part II |
topic_facet |
northern sea route arctic usa un convention on the law of the sea 1982 international straits right of innocent passage right of transit passage inland waters historical legal grounds freedom of navigation droit geo |
description |
The second part of the paper shows that the regime of navigation in the Arctic, particularly on the NSR, defended by Russia today, is much more liberal than that which existed in the Soviet years: up to the Gorbachev’s 1987 Murmansk speech the Soviet Arctic was a closed sea region for foreign navigation. Permissive order of passage established today at the level of Russian national legislation applies only to civil ships, and in the framework of the 1982 Convention, measures to protect the marine environment from pollution from ships cannot be applied to warships, military auxiliary ships, and ships on the state non-commercial service. However, the presence on the Northern Sea routes of water areas with the status of internal historical waters, including several Arctic straits, plus the special legal status of the Arctic, which is not limited exclusively to the 1982 Convention, allows Russia to insist on the applicability of the permit regime also to foreign warships. This approach is based mainly on the two states’ practice with the longest coastline in the Arctic: the USSR and Canada. Navigation along the NSR in today’s ice conditions is not yet possible without passing through the waters of the Russian Arctic Straits, whose waters are classified by the USSR as internal on historical legal grounds. Although under the 1982 Convention, they can be conditionally regarded as international, the lack of permanent transit through them makes it possible not to recognize them as such. However, the Russian Federation’s task to turn the NSR into an international shipping route may lead to a weakening of the current legal position. A similar situation may arise concerning the enforcement of Article 234 “Ice Covered Areas” of the 1982 Convention, which gives the Arctic countries additional rights in the field of navigation control. Lack of ice cover in the Arctic during most of the year can significantly strengthen the position of Russia’s opponents, who insist on a too broad interpretation of this article on our part. ... |
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 II |
title_short |
The Northern Sea Route: Problems of National Status Legitimization under International Law. Part II |
title_full |
The Northern Sea Route: Problems of National Status Legitimization under International Law. Part II |
title_fullStr |
The Northern Sea Route: Problems of National Status Legitimization under International Law. Part II |
title_full_unstemmed |
The Northern Sea Route: Problems of National Status Legitimization under International Law. Part II |
title_sort |
northern sea route: problems of national status legitimization under international law. part ii |
publisher |
Northern Arctic Federal University |
publishDate |
2020 |
url |
https://doi.org/10.37482/issn2221-2698.2020.41.130 https://doaj.org/article/f90209c0c2d5461592a1482b1b03ce5b |
geographic |
Arctic Canada Murmansk |
geographic_facet |
Arctic Canada Murmansk |
genre |
Arctic Law of the Sea Northern Sea Route ice covered areas |
genre_facet |
Arctic Law of the Sea Northern Sea Route ice covered areas |
op_source |
Арктика и Север, Vol 41, Iss 41, Pp 112-126 (2020) |
op_relation |
doi:10.37482/issn2221-2698.2020.41.130 2221-2698 https://doaj.org/article/f90209c0c2d5461592a1482b1b03ce5b |
op_rights |
undefined |
op_doi |
https://doi.org/10.37482/issn2221-2698.2020.41.130 |
container_title |
Arctic and North |
container_issue |
41 |
container_start_page |
130 |
op_container_end_page |
147 |
_version_ |
1766310892991938560 |