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Some aspects of marine policy of Russia in the Arctic
Material posted: Gornova Anna M.Publication date: 22-11-2017
Speech of the coordinator of the project "Marine policy" Center for strategic assessments and forecasts of Anna Gornova on the "round table" "Modern Arctic: issues of international cooperation, politics, economy and security" on 22 November, 2017 at the Institute of Europe RAS


A few years ago, the question of fisheries in the Arctic had arisen, and now in the Central part of SLO commercial fishing is not conducted. However, at the poles of the planet that is fixed by climatic warming and some scientists say that there are already moves to fish. In the end, the question arose about the conclusion of international agreements by LAYER, which would define rational use and conservation of water biological resources in the area. One of the last drafts of such agreement were discussed at the "round table" in St. Petersburg on 15 may with the participation of the Federal Agency for fishery, Ministry of foreign Affairs, science and the fishermen.

Despite the absence of any fishery activity in the area, USA intensifitsiruetsa conclusion of an international agreement binding. To work on a draft Agreement was joined by another 5 observer countries of the Arctic Council: South Korea, China, Japan, the EU and Iceland, openly declaring their interests in the Central Arctic. Work on the project is in the format "5+5".

Russia in this project agreement are not satisfied such a fundamental point that the Arctic States have actually put on an equal footing with the Nearctic, which is inconsistent with the provisions Ilulissat Declaration and the Declaration of 2015 and United Nations Convention on the law of the sea. It is logical that fish stocks in the open part of the ocean in fact come from exceptional ekonomzone coastal States that are historically responsible policy for their management and conservation. Another point of disagreement is the status of so-called fisheries protection zone around Svalbard, which was introduced by Norway, not recognized by Russia.

One of the key points of disagreement was the principle of decision-making under the Agreement. Russia offers either a consensus of all 10 countries or 5 Arctic when blocking the voice of Russia as the country with the longest coastline in the Arctic, the countries that made the greatest contribution to research in the Arctic. While this approach of understanding and agreement from other countries finds. The United States insists on the principle of 3/4 among all parties to the agreement or 3 of the 5 Arctic States.

In the case of ignoring the fundamental proposals of the Russian Side the Federal Agency for fishery, together with interested Federal bodies of Executive power recommended to refuse from signing the Agreement. This is the final wording in the recommendations of the "round table". However, refusal to participate in the signing of the Agreement for Russia is not the best option. Need strategies and approaches that will allow the Russian Federation to consolidate the priorities of a major player in the Arctic on the basis of geographical and historical facts. The fundamental needs to become a recognized scientific and research achievements of scientists and explorers tsarist Russia and the Soviet Union.

Water transport. Arctic shipping

Historically, Russia has a unique practice of Arctic shipping. All our advantages on the Northern sea route should be secured legally. Namely, in accordance with article 234 of the UN Convention on the law of the sea to include the development and adoption of legislative acts stipulating the jurisdiction of the Russian Federation on Sevmorput within the exclusive economic zone of the Russian Federation in the Arctic covered by ice during the greater part of the year, including the Northern and Eastern part of the Barents sea and the Northern part of the Bering sea.

The project "Marine policy" Center for strategic assessments and forecasts on its website under the heading "Experience of ice navigation for future generations" publishes materials from the book ice captain, and scientist Emil Mikhailovich Shotzberger of "Ice road of the Arctic. The tactics of navigation in ice". The book illustrates the possibilities of further developing the Northern sea route. At the end of the 9th Chapter of this unique benefit (entitled "From the Theory of the open Polar sea to the regular tourist flights to the North pole") set out in detail the logic of the national marine policy of the Russian Federation in matters ppravovogo status of the waters of the Arctic ocean. Will give some fundamental aspects.

The basic concept of the sectors in the Arctic were laid in the 19th century with the conclusion of several international agreements and treaties. One of the foundations of this concept - the recognition of the rights of Arctic coastal States to establish the boundaries of the Arctic holdings in the sectors, the apex of which is the North pole, the base of their Arctic coast, and lateral borders – the Meridian passing through the extreme points of the Northern coast of these countries. Subsequently, on the basis of General rules of international law within the sector defined the regimes of the territorial sea, the continental shelf and, finally, the exclusive economic zone in accordance with the UN Convention on the law of the sea 1982

The specific conditions of the Arctic affect the special relationship of the Arctic States to some waterways and the regime of these waterways. This applies to the Northern sea route of Russia, the Northwest passage of Canada and Norwegian water communications "Indreleia". Navigation conditions along the NSR require constant maintenance - ice, pilot, weather, etc. All of this implies a special legal regime, the route and the marginal water areas through which the trail passes. Soviet doctrine relied on the General rule, recognizing the spread of the sovereignty of the coastal state over the individual bays or the sea, the filler type and the specific practices of the Russian Empire and the USSR.

In this regard, you can refer to the expert in the field of international law of the sea John Colombos that because of the historical principle, the coastal state is entitled to claim a wider zone of coastal waters, if it can prove that it long time carried out the rule on the Bay and that such a claim explicitly or tacitly recognized by the overwhelming majority of other States. A striking example of the recognition of these special situations may be the recognition of "historical rights" of Canada's Hudson Bay. Historically, Russia, as the largest Arctic nation, provides a mode of operation of SMP in terms of security of the Arctic Maritime and conservation of the unique Arctic environment from pollution, at the same time contributing to the fulfillment of undertaken international obligations.

However, despite the current international jurisprudence and the logic of responsibility of the Arctic States for preservation of ecology of the Arctic basin, the United States lead the line for the "internationalization" of the Arctic, creating a kind of "international polar law". US policy is based on the principles that the Arctic region consists mainly of international areas falling under the regime of the high seas, which provides for freedom of passage of warships and merchant vessels under any flag, regardless of the competence of the coastal state. For the Western States giving SMP the status of "international transport corridor" looks very attractive.

Effective organization of pilotage service on the route and in the ports of the Northern sea route

One of the key elements of environmental security and Maritime safety is the effective organization of pilotage service on the route and in the ports of the Northern sea route. In the harsh Arctic work ice pilots. Practice shows that the court, following the track of SMP in need of skilled help of an experienced adviser to ice, regardless of a vessel in the convoy for an icebreaker or located in areas with permitted independent swimming. The result of the work of pilot services is the lack of accidents and efficiency in the framework of the technological process of shipping tonnage in the ports.

Russia needs to establish a unified approach to securing their linear slopes SMP ice pilots in terms of improving their training, evaluation, certification and certification. And also to specify the areas of obligatory and optional pilotage in the Arctic seas and ports of the Russian Federation.

International competition of high environmental standards and built in accordance with them costly fleet in the future will lead to certification of pilot organizations in accordance with the national standards. In Russia today, a pilot service represented by dozens of private pilotage companies – public and private. However, world practice shows that in a number of coastal States has a unified national pilot service, which is regulated by a separate law.

The formation of SMP on sustainable Arctic transport system providing continuous safe transit and handling of tonnage income-generating state – the challenge of the coming years. The passage of vessels through the Northern sea route and the Russian Arctic should be taken under strict control. Preferences can be considered in relation to the coastal countries of the PSS, which will provide environmental monitoring of climate change, important for all mankind.

In General, modern Arctic exploration involves intergovernmental and intra-industry cooperation between the icebreakers, pilot, traffic services, bunkering, rescue, repair, security and other components, and the partnership between the state and private investors in infrastructure. In this case, a single coordination centre, the so-called "Arctic operator" greatly increases the economic effect.

In conclusion, to improve economic returns from the Arctic areas in General, you should consider the model of development of sea ports of the Arctic coast of Russia, situated at the mouths of large Northern rivers, the role of logistics points for connection of sea and river transport and connections in a single artery for the carriage of goods by sea and river to the mainland.

Anna Gornova

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