Northern Sea Route Permit Scheme: Does Article 234 of UNCLOS Allow Prior Authorization?
The legislation of Russia and Canada includes a veiled requirement to obtain prior authorization from the coastal State for merchant ships to navigate through large areas in the Arctic. The coastal State concept of prior authorization presupposes that a coastal State may legally give or withhold its...
Published in: | Ocean Yearbook Online |
---|---|
Main Author: | |
Format: | Article in Journal/Newspaper |
Language: | English |
Published: |
Brill
2021
|
Subjects: | |
Online Access: | https://hdl.handle.net/10037/23844 https://doi.org/10.1163/22116001_03501014 |
id |
ftunivtroemsoe:oai:munin.uit.no:10037/23844 |
---|---|
record_format |
openpolar |
spelling |
ftunivtroemsoe:oai:munin.uit.no:10037/23844 2023-05-15T14:26:19+02:00 Northern Sea Route Permit Scheme: Does Article 234 of UNCLOS Allow Prior Authorization? Solski, Jan Jakub 2021-07-20 https://hdl.handle.net/10037/23844 https://doi.org/10.1163/22116001_03501014 eng eng Brill Ocean Yearbook Norges forskningsråd: 287576 info:eu-repo/grantAgreement/RCN/UTENRIKS/287576/Norway/Regulating shipping in Russian Arctic Waters: Between international law, national interests and geopolitics// Solski JJ. Northern Sea Route Permit Scheme: Does Article 234 of UNCLOS Allow Prior Authorization?. Ocean Yearbook. 2021;35(1):443-472 FRIDAID 1923896 doi:10.1163/22116001_03501014 0191-8575 2211-6001 https://hdl.handle.net/10037/23844 openAccess Copyright 2021 The Author(s) Journal article Tidsskriftartikkel Peer reviewed acceptedVersion 2021 ftunivtroemsoe https://doi.org/10.1163/22116001_03501014 2022-02-02T23:57:54Z The legislation of Russia and Canada includes a veiled requirement to obtain prior authorization from the coastal State for merchant ships to navigate through large areas in the Arctic. The coastal State concept of prior authorization presupposes that a coastal State may legally give or withhold its consent to the passage of a vessel. In areas where flag States enjoy navigational rights or freedoms, the notion that a coastal State may exercise authority to give or withdraw consent is controversial. While there are clear situations where coastal authorization is legally valid, for example, entry into a State’s internal waters, there is no international legal instrument related to navigation that refers to prior authorization. Both Russia and Canada view Article 234 of the United Nations Convention on the Law of the Sea (UNCLOS) as providing the international legal basis for this measure. Other States have protested Canada’s and Russia’s requirements, however, ships of many flag States have sought permits from the respective coastal administrations. Article in Journal/Newspaper Arctic Arctic Law of the Sea Northern Sea Route University of Tromsø: Munin Open Research Archive Arctic Canada Ocean Yearbook Online 35 1 443 472 |
institution |
Open Polar |
collection |
University of Tromsø: Munin Open Research Archive |
op_collection_id |
ftunivtroemsoe |
language |
English |
description |
The legislation of Russia and Canada includes a veiled requirement to obtain prior authorization from the coastal State for merchant ships to navigate through large areas in the Arctic. The coastal State concept of prior authorization presupposes that a coastal State may legally give or withhold its consent to the passage of a vessel. In areas where flag States enjoy navigational rights or freedoms, the notion that a coastal State may exercise authority to give or withdraw consent is controversial. While there are clear situations where coastal authorization is legally valid, for example, entry into a State’s internal waters, there is no international legal instrument related to navigation that refers to prior authorization. Both Russia and Canada view Article 234 of the United Nations Convention on the Law of the Sea (UNCLOS) as providing the international legal basis for this measure. Other States have protested Canada’s and Russia’s requirements, however, ships of many flag States have sought permits from the respective coastal administrations. |
format |
Article in Journal/Newspaper |
author |
Solski, Jan Jakub |
spellingShingle |
Solski, Jan Jakub Northern Sea Route Permit Scheme: Does Article 234 of UNCLOS Allow Prior Authorization? |
author_facet |
Solski, Jan Jakub |
author_sort |
Solski, Jan Jakub |
title |
Northern Sea Route Permit Scheme: Does Article 234 of UNCLOS Allow Prior Authorization? |
title_short |
Northern Sea Route Permit Scheme: Does Article 234 of UNCLOS Allow Prior Authorization? |
title_full |
Northern Sea Route Permit Scheme: Does Article 234 of UNCLOS Allow Prior Authorization? |
title_fullStr |
Northern Sea Route Permit Scheme: Does Article 234 of UNCLOS Allow Prior Authorization? |
title_full_unstemmed |
Northern Sea Route Permit Scheme: Does Article 234 of UNCLOS Allow Prior Authorization? |
title_sort |
northern sea route permit scheme: does article 234 of unclos allow prior authorization? |
publisher |
Brill |
publishDate |
2021 |
url |
https://hdl.handle.net/10037/23844 https://doi.org/10.1163/22116001_03501014 |
geographic |
Arctic Canada |
geographic_facet |
Arctic Canada |
genre |
Arctic Arctic Law of the Sea Northern Sea Route |
genre_facet |
Arctic Arctic Law of the Sea Northern Sea Route |
op_relation |
Ocean Yearbook Norges forskningsråd: 287576 info:eu-repo/grantAgreement/RCN/UTENRIKS/287576/Norway/Regulating shipping in Russian Arctic Waters: Between international law, national interests and geopolitics// Solski JJ. Northern Sea Route Permit Scheme: Does Article 234 of UNCLOS Allow Prior Authorization?. Ocean Yearbook. 2021;35(1):443-472 FRIDAID 1923896 doi:10.1163/22116001_03501014 0191-8575 2211-6001 https://hdl.handle.net/10037/23844 |
op_rights |
openAccess Copyright 2021 The Author(s) |
op_doi |
https://doi.org/10.1163/22116001_03501014 |
container_title |
Ocean Yearbook Online |
container_volume |
35 |
container_issue |
1 |
container_start_page |
443 |
op_container_end_page |
472 |
_version_ |
1766298821247107072 |