Regulation of navigation and vessel-source pollution in the Northern Sea Route: Article 234 and state practice

2000 ◽  
pp. 221-243 ◽  
Author(s):  
R. Douglas Brubaker
Keyword(s):  
Northern Sea Route ◽  
State Practice

The legal status of the Northern Sea Route

Polar Record ◽  
1994 ◽  
Vol 30 (174) ◽  
pp. 193-200 ◽  
Author(s):  
Leonid Timtchenko
Keyword(s):  
Soviet Union ◽  
Legal Status ◽  
Mikhail Gorbachev ◽  
International Convention ◽  
Long Period ◽  
Northern Sea Route ◽  
The Soviet Union ◽  
State Practice

AbstractFor a long period the Northern Sea Route was considered by the Soviet Union as a national seaway closed to foreign shipping. In 1987 Mikhail Gorbachev announced his intention to open the Northern Sea Route for international navigation. In the following years a number of acts were adopted to realise this idea. These documents clarified to a great extent the attitude of the USSR to the sector concept, historic waters, and other aspects of the northern seas. Nevertheless, some uncertainties in the legal status of the Northern Sea Route remain. This article focuses on the doctrinal views, state practice of the USSR and Russia, and prospects of internationalisation of the Northern Sea Route on the basis of international convention.

scholarly journals New Russian Legislative Approaches and Navigational Rights within the Northern Sea Route

2021 ◽  
Vol 12 (1) ◽  
pp. 228-250
Author(s):  
Jan Jakub Solski
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
Russian Arctic ◽  
Polar Code ◽  
Intention To Adopt ◽  
Northern Sea Route ◽  
State Practice ◽  
Prior Notification

The regulation of foreign navigation in the Northern Sea Route (NSR) has been dominated by the rules of international law applicable to merchant ships only. Neither the domestic set of rules of navigation on the NSR, based on Article 234 of UNCLOS nor the Polar Code applies to State-owned vessels. While the application of Article 234 has so far let Russia evade discussion on the navigational rights, one can expect an increasing spotlight on this issue. In response to the recent crossing of the NSR by a French warship, as well as the voices from the United States indicating similar plans, Russia has signalled the intention to adopt more stringent rules for passage of warships, potentially including the requirement of prior notification and pilotage. The aim of the paper is twofold. First, examine the navigational rights as applicable in the NSR. As such, the paper will discuss historical State practice and relevant international law to demonstrate, among other things, that the enclosure with straight baselines preserved innocent passage in all Russian Arctic straits. Second, examine the international legality of prior notification and pilotage in the context of the applicable navigational rights on the NSR.

The Northern Sea Route as a Tool of Arctic Development

2019 ◽  
pp. 21-44
Author(s):  
Ju.V. Zvorykina ◽  
K.S. Teteryatnikov
Keyword(s):  
Economic Development ◽  
Oil And Gas ◽  
The Arctic ◽  
Arctic Zone ◽  
Investment Projects ◽  
Northern Sea Route ◽  
Important Region ◽  
Socio Economic Development ◽  
Asian Pacific ◽  
Simplified Procedure

The article is devoted to the analysis of the role of the Northern Sea Route (NSR) in the socio-economic development of the Arctic zone of Russia. The authors believe that climate change, gradually leading to the melting of polar ice, opens up new opportunities for the development of Arctic resources and navigation in the seas of the Arctic Ocean. Of particular interest to the NSR are non-Arctic countries, critically dependent on the supply of foreign mineral and carbon resources, as well as on the export of their goods to Europe. Among them, China stands out, considering the NSR as the Arctic Blue Economic Corridor as part of the global Silk Road system. The NSR is intended to become an essential tool for further development of the Arctic zone of Russia. Development of port infrastructure and creation of a modern ocean and maritime fleet will accelerate the pace of socio-economic development of this strategically important region. To do this, it is necessary to adopt a federal law on special system of preferences for investors, including foreign ones, implementing their projects in the Arctic. Among such preferences there are preferential profit tax rates, reduction in Mineral Extraction Tax (MET) rates, a declarative procedure for VAT refunds, a simplified procedure for granting land plots and unchanged conditions for the implementation of investment projects. In addition, it is important to make the NSR safe and profitable both in terms of quality of service and of price for the shippers. In particular, the payment for icebreakers’ escort of vessels should be competitive and reasonable. The largest Russian private and state-owned companies should be involved into Arctic projects. It is important to synchronize the Arctic oil and gas projects with nuclear and LNG icebreakers’ construction, as well as with the launch of two logistics hubs in Murmansk and Kamchatka. In this case, year-round NSR navigation will be organized, which will ensure the high competitiveness of Russian products supplied to the Asian Pacific markets.

Legal Duties of Diplomats Today

2017 ◽  
Author(s):  
Sanderijn Duquet ◽  
Jan Wouters
Keyword(s):  
Human Rights ◽  
Individual Responsibility ◽  
Human Rights Law ◽  
State Practice ◽  
Scholarly Discussion ◽  
Local Law

While scholarly discussion on diplomatic law tends to focus on privileges and immunities, the VCDR has also codified provisions on duties incumbent on individual diplomats—most notably in Article 41, which includes the duty to respect local laws and obligations, the duty of non-interference, and the duty not to use mission premises ‘in any manner incompatible’ with diplomatic functions. This chapter traces the development of the scope of individual responsibility since the entry into force of the VCDR. It investigates the nature of diplomatic duties and their significance on the basis of diplomatic law, but also local law and human rights law. It also assesses options available to receiving States to hold diplomatic agents to account and to increase respect for local regulations outside the field of judicial enforcement. Examples from State practice are used to illustrate the sanctions adopted by receiving States in this context.

Of Rebels, Insurgents, and Belligerents

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
Laws Of War ◽  
Armed Group ◽  
State Practice

The first chapter opens the substantive analysis of the organization requirement for non-state parties to armed conflicts. First, it briefly examines why the laws of war have originally been state-focused, and shows how this state focus coined international law requirements of main characteristics of a party to an armed conflict. Second, it analyses how philosophers broadened the legal notion of ‘war’ as to include conflicts involving certain non-state entities. Subsequently, this chapter examines state practice to identify which qualities a non-state armed group needed to possess to obtain the ‘belligerent’ status. It also examines the question of which kind of entities could qualify as ‘insurgents’ or ‘rebels’.

Conclusions

2018 ◽  
Author(s):  
Amy Strecker
Keyword(s):  
International Law ◽  
Eu Law ◽  
World Heritage Convention ◽  
State Practice ◽  
The World ◽  
State Obligations ◽  
Made In ◽  
Landscape Protection

The final chapter of this book advances four main conclusions on the role of international law in landscape protection. These relate to state obligations regarding landscape protection, the influence of the World Heritage Convention and the European Landscape Convention, the substantive and procedural nature of landscape rights, and the role of EU law. It is argued that, although state practice is lagging behind the normative developments made in the field of international landscape protection, landscape has contributed positively to the corpus of international cultural heritage law and indeed has emerged as a nascent field of international law in its own right.

Great Britain, International Law, and the Evolution of Maritime Strategic Thought, 1856–1914

2020 ◽  
Author(s):  
Gabriela A. Frei
Keyword(s):  
Great Britain ◽  
International Law ◽  
Historical Context ◽  
Economic Interests ◽  
Maritime Law ◽  
Legal Norms ◽  
State Practice ◽  
Sea Power ◽  
Maritime Strategy ◽  
Strategic Thought

The book addresses the interaction between international maritime law and maritime strategy in a historical context, arguing that both international law and maritime strategy are based on long-term state interests. Great Britain as the predominant sea power in the nineteenth and early twentieth centuries shaped the relationship between international law and maritime strategy like no other power. The book explores how Great Britain used international maritime law as an instrument of foreign policy to protect its strategic and economic interests, and how maritime strategic thought evolved in parallel to the development of international legal norms. The book offers an analysis of British state practice as well as an examination of the efforts of the international community to codify international maritime law in the late nineteenth and early twentieth centuries. As the predominant sea power and also the world’s largest carrier of goods, Great Britain had to balance its interests as both a belligerent and a neutral power. With the growing importance of international law in international politics, the book examines the role of international lawyers, strategists, and government officials who shaped state practice. Great Britain’s neutrality for most of the period between 1856 and 1914 influenced its state practice and its perceptions of a future maritime conflict. Yet, the codification of international maritime law at The Hague and London conferences at the beginning of the twentieth century demanded a reassessment of Great Britain’s legal position.

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