The Law of the Sea Convention and the Northwest Passage

2007 ◽  
Vol 22 (2) ◽  
pp. 257-282 ◽  
Author(s):  
James Kraska
Keyword(s):  
United Nations ◽  
Sea Ice ◽  
International Law ◽  
Legal Status ◽  
International Maritime Organization ◽  
The Arctic ◽  
Law Of The Sea ◽  
Environment Canada ◽  
Northwest Passage ◽  
The Pacific

AbstractConcern over the loss of sea ice has renewed discussions over the legal status of the Arctic and sub-Arctic transcontinental maritime route connecting the Atlantic and the Pacific, referred to as the "Northwest Passage." Over the last thirty years, Canada has maintained that the waters of the Passage are some combination of internal waters or territorial seas. Applying the rules of international law, as reflected in the 1982 United Nations Law of the Sea Convention, suggests that the Passage is a strait used for international navigation. Expressing concerns over maritime safety and security, recognition of northern sovereignty, and protection of the fragile Arctic environment, Canada has sought to exercise greater authority over the Passage. This article suggests that Canada can best achieve widespread global support for managing its maritime Arctic by acknowledging that the passage constitutes an international strait and then working through the International Maritime Organization to develop a comprehensive package of internationally accepted regulations.

The Northwest Passage in International Law

1980 ◽  
Vol 17 ◽  
pp. 99-133 ◽  
Author(s):  
Donat Pharand
Keyword(s):  
International Law ◽  
Legal Status ◽  
The Arctic ◽  
Law Of The Sea ◽  
General Application ◽  
Northwest Passage ◽  
General Consensus ◽  
The Third ◽  
Third Law

The Arctic Waters in general and those of the Northwest passage in particular have been conspicuously absent from discussions in the Third Law of the Sea Conference. This does not mean, however, that a Convention of general application resulting from the Conference might not affect their legal status. Indeed, it might be possible to say already that the straits question is virtually settled and that the provisions of the Informal Composite Negociating Text, hereinafter referred to simply as the I.C.N.T., relating to passage through “straits used for international navigation” (Part III) and “archipelagic States” (Part IV), will be adopted without significant substantive changes. There have been no such changes since the Revised Single Negotiating Text of May 6, 1976, and the general consensus is that this issue of straits, once considered so difficult to resolve as possibly to cause failure of the Conference, is now settled.

scholarly journals The Legal Status of Archipelagos in the International Law of the Sea

2019 ◽  
Vol 2 (2) ◽  
pp. p189
Author(s):  
Maher Gamil Aboukhewat
Keyword(s):  
United Nations ◽  
International Law ◽  
Legal System ◽  
Legal Status ◽  
The Other ◽  
Law Of The Sea ◽  
Regional Security ◽  
United Nations Convention ◽  
Marine Areas ◽  
New System

The archipelagic States, which attempt to extend their control over the waters surrounding their islands, are demanding the establishment of a legal system for archipelagos in order to preserve their interests, their maritime wealth and their regional security. On the other hand, there are the great maritime States that hold on to the freedom of the sea and international navigation.The problems raised by the islands constituting the archipelago did not stand at the end of sovereignty disputes and their right to their own maritime areas, but many other problems were associated with the presence of archipelagic islands. The measurement of marine areas of archipelagic islands requires a description of how the baselines from which these areas are measured are to be drawn. Also, the measurement of marine areas of the islands of individual problems is different from those raised by the presence of the islands in the form of an archipelago. Drawing baselines also varies according to the archipelagic islands site, and whether they are located in front of the coast regions or at the entrances to the bays in these coasts, or were located in the sea or ocean.These problems remained subject to international controversy and tension until a new system of archipelagic State was adopted under Part IV of the United Nations Convention on the Law of the Sea in 1982, which represents a very important renewal of the international law of the sea.

The Right of Overflight above International Straits

2015 ◽  
Vol 52 ◽  
pp. 35-76 ◽  
Author(s):  
SUZANNE LALONDE
Keyword(s):  
United Nations ◽  
Legal Status ◽  
Law Of The Sea ◽  
Legal Regime ◽  
Northwest Passage ◽  
Legal Standards ◽  
Maritime Navigation ◽  
The Subject ◽  
United Nations Convention ◽  
The Right

AbstractThe legal status of the Northwest Passage (NWP) has been the subject of much debate in academic, government, and media circles. To date, much of this discussion has centred on the legal regime governing maritime navigation. However, the question of whether the NWP is subject to guaranteed freedoms or Canada’s unqualified sovereign control also involves the right of overflight. This article investigates the circumstances that led to the inclusion of the freedom of overflight in Part III of the United Nations Convention on the Law of the Sea. It then highlights some of the legal standards that would govern air navigation if the NWP were to be considered an international strait.

19 The International Maritime Organization

2015 ◽  
Author(s):  
Chircop Aldo
Keyword(s):  
United Nations ◽  
International Law ◽  
Critical Role ◽  
Governance Structure ◽  
International Maritime Organization ◽  
Law Of The Sea ◽  
Intergovernmental Organization ◽  
United Nations Convention ◽  
The United Nations ◽  
Special Competence

The International Maritime Organization (IMO) is an intergovernmental organization with special competence in matters relating to navigation and shipping. It also plays a critical role in the international law of the sea. This chapter discusses the purposes, functions, and governance structure of the IMO; and the functions of the IMO in the United Nations Convention on the Law of the Sea (LOSC).

Legal Status of the Northern Sea Route of the Russian Federation

10.12737/7635 ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 0-0
Author(s):  
Вячеслав Гаврилов ◽  
Vyachyeslav Gavrilov
Keyword(s):  
International Law ◽  
Legal Status ◽  
The Arctic ◽  
Law Of The Sea ◽  
Comparative Characteristic ◽  
National Interests ◽  
Use Of Resources ◽  
Northern Sea Route ◽  
Key Issues ◽  
Characteristic Features

This article addresses to the key issues of the legal status of the Northern Sea Route in the historical perspective and in accordance with the Russian legislation. It contains the comparative characteristic of the Russian approach to this issue and the Canada´s rule-making activity in this area. It describes the characteristic features of the legal status of the internal waters, exclusive economic zone and some arctic straits of Russia in this context. Gives an answer to the question of its correlation with the norms of contemporary international law of the sea and, in particular, with the UN Convention of 1982. In this regard, the paper emphasizes that relevant Russian and Canadian legislation should be treated as lex specialis in relation to the regulation of navigation in the Arctic coastal areas that provide for higher navigation standards and requirements as compared to the international norms of international law of the sea. It is concluded that the integrity and specificity of the legal status of the Northern Sea Route, as well as the Russia´s ability to control using of it can be justified as by a logistic unity of this national transport communication of Russia and by features of the region, where it passes. Indicated the need for further development of regional and international cooperation in the Arctic and for creation of international instruments defining its terms and content. Here lies the key to the peaceful and effective use of resources and spaces of the Arctic taking into consideration the national interests of Russia and other Arctic countries.

scholarly journals China’s stance towards the applicability of the common heritage of mankind governance regime to the Arctic

2018 ◽  
pp. 13-21
Author(s):  
E. V. Kienko
Keyword(s):  
United Nations ◽  
International Law ◽  
The Arctic ◽  
Law Of The Sea ◽  
Republic Of China ◽  
Common Heritage ◽  
Governance Regime ◽  
Common Heritage Of Mankind ◽  
The Common ◽  
The Law

Introduction.The article provides an analysis of China’s tough stance towards the applicability of the governance regime of the common heritage of mankind to the Arctic referring to the Part XI of the United Nations Convention on the Law of the Sea, 1982, in the general context of contemporary inter­national law.  Materials and methods.General scien­tific and private scientific methods of cogni­tion constitutes the methodological basis for the study.  Results of the study.In the course of the study the author concludes that China’s current stance towards the governance regime of the International seabed area as the common heritage of mankind and towards the international maritime law as a whole should not have exclusively negative assessments as it was during the period of the confrontation between the Soviet Union and the People’s Republic of China in 1960-1980. Objectively the long-term interests of the People’s Republic of China and the Russian Fed­eration in the maintenance of international maritime law are aligned. However, a contemporary legal poli­cy of China differs from the policy stated at the Third United Nations Conference on the Law of the Sea. It became more focused on the promotion of China’s national interests in the Arctic, on the creation of the Area of the common heritage of mankind in the Arc­tic Ocean, even though none of the Arctic Coastal State advocate this stance. Conclusions.In this article the author balanc­es China’s arguments in favour of applicability of norms of the international law related to the com­mon heritage of mankind to the Arctic with the Arc­tic Coastal States’ arguments against it according to the doctrine in the sphere of the international law in which the legal concept of the common heritage of mankind is clarified. The author reveals reasons of China’s support of the concept of the common heri­tage of mankind initiated by the USA and China’s effort to broadly interpret it especially towards the Arctic in terms of the Arctic Coastal States’ stance towards this issue contained in the materials of the Third United Nations Conference on the Law of the Sea (1973 – 1982).

The Second Geneva Conference on the Law of the Sea: The Fight for Freedom of the Seas

1960 ◽  
Vol 54 (4) ◽  
pp. 751-789 ◽  
Author(s):  
Arthur H. Dean
Keyword(s):  
The Arctic ◽  
Law Of The Sea ◽  
Northwest Passage ◽  
The Pacific ◽  
Increased Risk ◽  
New Frontier ◽  
International Laws ◽  
Arctic Ice ◽  
The Right ◽  
Geneva Conference

The opening of the Northwest Passage between the Atlantic and the Pacific Oceans under the Arctic ice by the atomic submarines U.S.S. Seadragon and U.S.S. Nautilus heralds the conquest of hitherto impenetrable undersea depths. Yet this event is only one of many triumphs along a new frontier of oceanographic exploration and development which is uncovering untapped sources of immeasurable wealth and benefits for all peoples. But even as we confidently prepare to harness these vast natural resources of the oceans, we must seek to achieve equitable agreements on international laws of the sea by which nations will abide. Only thus can the freedom of the seas and the right to harvest its resources be ensured without the risk of anarchy and wasteful depletion; only thus can nations avoid increased risk of strife and, possibly, war over conflicting claims to the bounty of the seas.

Convention on the Legal Status of the Caspian Sea

2019 ◽  
Vol 58 (2) ◽  
pp. 399-413
Author(s):  
Rizal Abdul Kadir
Keyword(s):  
Soviet Union ◽  
United Nations ◽  
International Law ◽  
Caspian Sea ◽  
Legal Status ◽  
The Caspian Sea ◽  
The Soviet Union ◽  
The United Nations

After twenty-two years of negotiations, in Aktau on August 12, 2018, Kazakhstan, Azerbaijan, Iran, Russia, and Turkmenistan signed the Convention on the Legal Status of the Caspian Sea. The preamble of the Convention stipulates, among other things, that the Convention, made up of twenty-four articles, was agreed on by the five states based on principles and norms of the Charter of the United Nations and International Law. The enclosed Caspian Sea is bordered by Iran, Russia, and three states that were established following dissolution of the Soviet Union, namely Azerbaijan, Kazakhstan, and Turkmenistan.

scholarly journals Retrieval of Summer Sea Ice Concentration in the Pacific Arctic Ocean from AMSR2 Observations and Numerical Weather Data Using Random Forest Regression

2021 ◽  
Vol 13 (12) ◽  
pp. 2283
Author(s):  
Hyangsun Han ◽  
Sungjae Lee ◽  
Hyun-Cheol Kim ◽  
Miae Kim
Keyword(s):  
Random Forest ◽  
Sea Ice ◽  
Arctic Ocean ◽  
Open Water ◽  
The Arctic ◽  
Atmospheric Effects ◽  
Sea Ice Concentration ◽  
Air Temperatures ◽  
The Pacific ◽  
Ice Concentration

The Arctic sea ice concentration (SIC) in summer is a key indicator of global climate change and important information for the development of a more economically valuable Northern Sea Route. Passive microwave (PM) sensors have provided information on the SIC since the 1970s by observing the brightness temperature (TB) of sea ice and open water. However, the SIC in the Arctic estimated by operational algorithms for PM observations is very inaccurate in summer because the TB values of sea ice and open water become similar due to atmospheric effects. In this study, we developed a summer SIC retrieval model for the Pacific Arctic Ocean using Advanced Microwave Scanning Radiometer 2 (AMSR2) observations and European Reanalysis Agency-5 (ERA-5) reanalysis fields based on Random Forest (RF) regression. SIC values computed from the ice/water maps generated from the Korean Multi-purpose Satellite-5 synthetic aperture radar images from July to September in 2015–2017 were used as a reference dataset. A total of 24 features including the TB values of AMSR2 channels, the ratios of TB values (the polarization ratio and the spectral gradient ratio (GR)), total columnar water vapor (TCWV), wind speed, air temperature at 2 m and 925 hPa, and the 30-day average of the air temperatures from the ERA-5 were used as the input variables for the RF model. The RF model showed greatly superior performance in retrieving summer SIC values in the Pacific Arctic Ocean to the Bootstrap (BT) and Arctic Radiation and Turbulence Interaction STudy (ARTIST) Sea Ice (ASI) algorithms under various atmospheric conditions. The root mean square error (RMSE) of the RF SIC values was 7.89% compared to the reference SIC values. The BT and ASI SIC values had three times greater values of RMSE (20.19% and 21.39%, respectively) than the RF SIC values. The air temperatures at 2 m and 925 hPa and their 30-day averages, which indicate the ice surface melting conditions, as well as the GR using the vertically polarized channels at 23 GHz and 18 GHz (GR(23V18V)), TCWV, and GR(36V18V), which accounts for atmospheric water content, were identified as the variables that contributed greatly to the RF model. These important variables allowed the RF model to retrieve unbiased and accurate SIC values by taking into account the changes in TB values of sea ice and open water caused by atmospheric effects.

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