Download The Russian Arctic Straits (International Straits of the by R. Douglas Brubaker PDF

By R. Douglas Brubaker

ISBN-10: 1429452544

ISBN-13: 9781429452540

ISBN-10: 9004141804

ISBN-13: 9789004141803

The problems surrounding the regimes of ice-covered parts, foreign straits, and passage rights of kingdom vessels are analysed for the aim of assessing the prestige of legislations and kingdom perform in Russian Arctic waters. Passage in the course of the Northern Sea course has for many years been some of the most contentious felony matters in Soviet/Russian - U.S. kin. The jurisdictional claims of the big Arctic coastal States point out tremendous deviation from software of proven legislation of the ocean. The regimes of straits used for overseas navigation and passage rights of nation vessels look subordinate to the regime of ice-covered components. the most discovering is that there are particular components of consistency within the universal interpretation of present legislation and the behaviour of those States. those components appear to have positioned into motion the method of formation of a selected well-known overseas legislations, in addition to implementation and interpretation of the legislations less than the Vienna conference at the legislations of Treaties.

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Extra resources for The Russian Arctic Straits (International Straits of the World)

Sample text

Distances of the Four Routes from the Eastern Barents Sea to the Bering Strait Route Distance ‘Traditional’ ‘Central’ ‘High-latitudinal’ ‘Close-to-the-pole’ 3500 3340 2890 2700 nautical nautical nautical nautical miles miles miles miles The ‘close-to-the-pole’ route obstructs surface vessels by ice. The ‘high-latitudinal’ course in most instances is also blocked by ice, although at least parts of this route are occasionally used for navigation. In the west this route starts from the north of Franz Josef Land, descends to the northern tip of Severnaya Zemlya, runs in a southeasterly direction well off the eastern shore of Taymyr Peninsula, turns north-eastward again to pass north of the New Siberian Islands, then gradually descends south-eastward north of Wrangel Island towards the Bering Strait.

68 LOSC Part III was an attempt to clarify the international straits regime, but the results have been mixed. 69 Transit passage is defined in Article 38: ... 2. Transit passage means the exercise in accordance with this Part of the freedom of navigation and overflight solely for the purpose of continuous and expeditious transit of the strait between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone. However, the requirement of continuous and expeditious transit does not preclude passage through the strait for the purpose of entering, leaving or returning from a State bordering the strait, subject to the conditions of entry to that State.

In addition Russia has its own statute and policies regarding the Arctic waters that must be taken into account. By no means is there universal agreement on the legal status of the waters through which vessels must navigate from the Barents to the Bering Sea. N. Law of the Sea Convention (LOSC) governing ice-covered areas appears alone in its own section entitled ‘ice-covered areas’ and is itself entitled ‘icecovered areas’, apparently indicating a special regime with particular rules. 58 Article 234 Ice-covered areas Coastal States have the right to adopt and enforce non-discriminatory laws and regulations for the prevention, reduction and control of marine pollution from vessels in ice-covered areas within the limits of the exclusive economic zone, where particularly severe climatic conditions and the presence of ice covering such areas for most of the year create obstructions or exceptional hazards to navigation, and pollution of the marine environment could cause major harm to or irreversible disturbance of the ecological balance.

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The Russian Arctic Straits (International Straits of the World) by R. Douglas Brubaker


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