The issues surrounding the regimes of ice-covered areas, international straits, and passage rights of State vessels are analysed for the purpose of assessing the status of law and State practice in Russian Arctic waters.
The right of transit passage in straits and the analogous right of archipelagic sealanes passage in archipelagic states, negotiated in the 1970s and embodied in the 1982 UNCLOS, sought to approximate the freedom of navigation and overflight while expressly recognising the sovereignty or jurisdiction of the coastal state over the waters concerned. However, the allocation of rights and duties of the coastal state and third states is open to interpretation. Recent developments in state practice, such as Australia's requirement of compulsory pilotage in the Torres Strait, the bridge across the Great Belt and the proposals for a bridge across the Strait of Messina, the enhanced environmental standards applicable in the Strait of Bonifacio and Canada's claims over the Arctic Route, make it necessary to reassess the whole common law of straits. The Legal Regime of Straits examines the complex relationship between the coastal state and the international community.
This title is designed for law of the sea and maritime law specialists. The coverage includes current affairs in martime law such as submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.
Based on author's thesis (doctoral - University of Lapland, 2014) issued under title: Passage rights in international law: a case study of the territorial waters of the êAland Islands.
The Arctic is an increasingly important region faced with major challenges caused not only by the effects of climate change, but also by a growing interest in its living and non-living resources, its attraction as a new destination for tourism, and as a route for navigation. It is not only the eight Arctic States that have paid an increased level of attention to the region; several non-Arctic actors from Asia and Europe also seek to gain more influence in the High North. At the same time, the evolving law and policy architecture for the Arctic region has recently played a more prominent role in the political and academic debate. Unlike Antarctica, where the coherent Antarctic Treaty System governs international cooperation, the legal regime of Arctic affairs is based on public international law, domestic law, and 'soft law'. These three pillars intersect and interact making Arctic governance multi-faceted and highly complex. This book provides an analytical introduction, a chronology of legally relevant events, and a selection of essential materials covering a wide range of issues-eg delineation and delimitation of maritime boundaries, environmental protection, indigenous peoples' rights, shipping, and fisheries. Included are multilateral and bilateral treaties, UN documents, official statements, informal instruments, domestic laws, and diplomatic correspondence.
How can we best protect the polar marine environment against pollution? Leading scholars on environmental law, the law of the sea, and Arctic and Antarctic affairs here examine this important question. To what extent do existing global instruments of environmental protection apply to the Arctic Ocean and the Southern Ocean? Can the arrangements adopted at regional, sub-regional and national levels provide adequate protection? This book examines and compares various levels of regulation in protecting the marine environment of the Arctic and Antarctic, with specific attention to land-based activities, radioactive waste dumping, and shipping in ice-covered waters. Developments since the establishment of the Arctic Council in 1996 and the entry into force of the Protocol on Environmental Protection to the Antarctic Treaty in 1998 are also discussed. This is a volume that will appeal to polar specialists and to all those interested in environmental law and policy.
This book is one of the most comprehensive guides to international maritime law from the Russian perspective. It consists of three relatively independent sections: Russian Maritime Law, International Public Maritime Law, and International Private Maritime Law. First section discusses the development of the maritime law as a branch of the Russian law. It examines concepts and sources of the Russian federal laws, secondary legislation and customs, including the influences guiding the future of Russian law of the sea. . The second section examines International Public Maritime Law including the principles, sources, subjects, as well legal status of the vessel, including the vessel's state flag, her name, state registration, the problem of "flags of convenience", vessel's documents, the crew, and the master. This section further details the current international legal regime of maritime spaces, provisions concerning legal protection of marine environments, ensuring navigation safety, international legal regulation of the work of seamen, international inter-governmental marine organizations, and settlement of international public marine disputes. The third section is devoted to International Private Maritime Law and discusses its principles and sources, conflict-of-law rules, structure and types, and the main choice-of-law principles used today in international private maritime law. This section also discusses the following institutions and sub-branches within international private maritime law including: carriage of cargoes and passengers by sea, general average, salvage, collisions of vessels, marine insurance, limitation of liability, international non-governmental maritime organizations, and settlement of international private marine disputes.
This book explores the growing interests of China in the Arctic and examines the nature of its interests and motivations in maintaining its involvement and presence in the region. The new geopolitical landscape of the Arctic today is a significant departure from the great power politics that existed in the region during the Cold War era. Apart from traditional Arctic states, more and more international organizations and non-Arctic states are showing an increased interest in this region, not least China. Many have attempted to interpret China’s intention in moving to the high north and this book aims to add to the existing literature from three approaches: China’s participation in the international institutions, China’s relationships with the Arctic stakeholders and China’s sectoral engagement in the Arctic. In taking a three-dimensional approach to the analysis, the author builds a comprehensive picture of China’s interests and activities in the Arctic, not only from the perspective of China but also from the viewpoint of other Arctic states (Russia, Canada, the U.S., Norway, Sweden, Denmark, Finland and Iceland). One of the first books in English to cover the subject since the release of China’s Arctic policy white paper in January 2018, this analysis will be of interest to academics, students of Arctic studies, maritime law and international law, as well as policy makers in Arctic and non-Arctic states.