The purpose of this publication is to touch briefly on the legal regime of the Arctic and Antarctic. These territories differ from other parts of the globe because of their special geographical location. The international legal regime of the Arctic and Antarctic is a topic that is not covered too often. But, no doubt, it will be of interest to many readers.
The Arctic is the northern polar region of our globe. Its limits from the south are limited by the geographic parallel of the northern latitude 66⁰33 ′, known as the Arctic Circle. This also includes the northern territories of the continents - America, Europe, Asia. And of course, most of the Arctic is the water body of the ocean - the Arctic Ocean, together with island formations.
International law on the legal regime of the Arctic
Such spaces have different legal status and regime of use. Nowadays, any of the known (i.e. open) land formations of the Arctic territory is under the exclusive sovereignty of one of the states that have access to the Arctic Ocean. These are the USA, Canada, Denmark (Greenland), Norway and Russia.
Separate normative acts regarding the delimitation of the spatial sphere and, accordingly, the legal regime of the Arctic, were adopted by only two countries - the USSR and Canada. The Russian Federation, the successor of the USSR’s powers with respect to its Arctic space, continued to issue a series of acts related to the legal status of this space (its various parts) and the concept of the legal regime of the Arctic. These acts include a number of laws of federal significance relating to the state border of the Russian Federation, its internal sea waters, together with the adjacent zone of the continental shelf and the economic zone.
The first attempts to determine the legal regime of the Arctic and legislatively consolidate its own claims to the space adjacent to the main state territory were made by Canada. It should be noted that no claims to the full set of marine and land spaces of the region were officially put forward by any of the Arctic states. At the same time, in legal practice regarding the international legal regime of the Arctic, the opinion was extended for a long time about the extension of the power of these countries to the area of each of the Arctic sectors adjacent to their coasts, whose peaks converge in the North Pole.
About the polar sectors
This approach, called "sector theory", has not received proper official reinforcement in national regulations or international treaties. Such terms - “polar sector” or “Arctic sector” are not used in any official international legal document. Legislative acts adopted by the USSR and Canada in the sphere of the international legal regime of the Arctic relate to the consolidation of the powers of these countries only to those land entities (mainland and island) that are located in the adjacent space. Even the special legal status enshrined in the multilateral international treaty assigned to the Svalbard archipelago (fixing recognition of the sovereignty of Norway) does not affect adjacent maritime spaces. This is the main feature of the legal regime of the Arctic.
If we talk about the legal status of the northern sea space in general, it is based on the principles and norms of general international law related to the oceans, which are enshrined in the 1958 Geneva Conventions and the UN Convention (adopted in 1982) on the law of the sea. In the light of these international agreements regarding the legal regime of the Arctic, the jurisdiction and sovereignty of all the circumpolar states does not extend to the entire water area of each of its respective sectors, but only to part of the ocean waters adjacent to or adjacent to one of the land formations of these countries.
We are talking about inland sea waters, the continental shelf, the exclusive and adjacent economic zone, the territorial sea, the international region of the seabed or the existing straits that overlap with the territorial sea of coastal countries and are not used as international sea communications.
About historical waters
Under the provisions of international law, the circumpolar states are endowed with special powers with regard to the management of various types of maritime use (mostly shipping). In exclusive economic zones in areas that are almost always covered with ice, the 1982 Convention, by its 234th article, secured the rights of the coastal state to take measures to ensure that it enacts non-discriminatory laws relating to marine pollution of the marine environment (its prevention, reduction and control )
The reason is the real danger in the harsh conditions of the Arctic climate of a serious threat of environmental pollution with irreparable harm to the natural balance due to possible marine accidents. This article stipulates the need for coastal states to take into account the environmental interests of the aquatic environment in published regulatory acts, using the most reliable of the available scientific data. Defining the boundaries of each such region within the framework of the adopted legal regime of the Arctic, states are obliged to coordinate their own actions with a competent international organization - IMO (International Maritime Organization).
Thus, the 1982 Convention, giving each of the littoral states special powers in the regions of the economic zone, emphasizes the possibility of their implementation (we are talking, for example, about an inspection by the authorities of a coastal country of foreign ships). They are undertaken solely in the interests of the case (Article 220, paragraph 5). The authorities conducting the inspection are required to notify the state whose flag the inspected vessel is flying about all measures taken to it.
On the legal status of marine inland waters
One of the important components of the legal status of the Arctic is the legal regime of the Northern Sea Route. As you know, it represents the national transport communication of Russia. Its legal status with respect to the territorial sea and inland waters of Russia, as well as its economic zone, can be compared with the legal status of the coastal shipping line of Norway. Like the last, laid
The Northern Sea Route is exclusively national efforts. Its equipment and development is the merit of Russia. It is difficult to overestimate its role in the economic life of the Far North of the country, as well as the entire domestic economy as a whole.
In this connection, the fact of using the Northern Sea Route in an exclusive manner by Russian vessels is generally recognized and does not cause any negative reactions from other coastal states. By default, it can be considered the tacit recognition of our country's priority in using this communication.
Once again about the Northern Sea Route
In 1998, a federal law was passed entitled "On the exclusive economic zone of the Russian Federation." This legal act declared the establishment along the northern coast of our country of an exclusive zone of 200 miles. Here, the right of the authorities to take mandatory measures necessary to combat possible pollution from ships was enshrined. This concerned areas whose status was consistent with the provisions of Article 234 of the 1982 Convention.
When passing ships try to violate the provisions of this legislation or international rules, the authorities have been given the right to carry out the necessary verification actions - requiring them to be inspected or (if necessary) to initiate proceedings with the detention of the violating vessel.
Comparative features of the legal regime of the Arctic and Antarctic
The discovery of Antarctica occurred in 1820 by Russian sailors. The expedition was commanded by F.F. Bellingshausen and M.P. Lazarev. The purpose of our article is to consider the differences in the legal regime of the Arctic and Antarctic in international law.
What is the status of the southern polar region today? It is based on the postulates adopted by the Antarctic Treaty, which was concluded in 1959 (December 1) by the Washington Conference with the participation of the USSR, USA, Great Britain, Norway, New Zealand, Australia, Belgium, Argentina, the Union of South Africa, Chile, France and Japan. The need to convene such a conference with the adoption and entry into force of the relevant international agreement (entered into force in July 1961) was due to the intensified confrontation between states claiming to separate parts of this territory and other countries that rejected such actions unilaterally.
At the Washington Conference, territorial issues related to participating States were overcome. As a result of the negotiation process, Article IV of the Treaty was adopted, the text of which reinforced the adopted conclusions and decisions.
What did you manage to agree on?
The participants agreed:
1. On the non-recognition of the sovereignty of a single state in any of the Antarctic regions, as well as the possible claims of any country for the approval of the territorial sovereignty of the said space. Already here you can observe the differences in the legal regime of the Arctic and Antarctic.
2. The absence of a requirement for any of the number of contracting countries to renounce the territorial claims made earlier by it on the Antarctic space.
3. The fact that any of the provisions of the treaty should not prejudice the positions of the counterparty countries regarding the recognition or non-recognition of the claimed claims for sovereignty in the Antarctic space.
In other words, the provisions enshrined in Article IV affirmed the situation that had prevailed in Antarctica regarding claims made earlier or rights to sovereignty, but without realizing them. They also recognized the right of states to put forward similar claims in the future, again not leading to their actual implementation.
Thus, this agreement can be regarded as giving the Antarctic the status of a territory open for unhindered use by any of the states, including those that are not among the parties to this agreement. This status allows you to treat Antarctica as an international territory, the legal status of which is similar to the status of the open sea, air or outer space. This is the main difference between the legal regime of the Arctic and Antarctica.
The Washington Conference secured the right of states to exercise personal and territorial jurisdictions related to possible territorial claims. The main result of the Washington Conference is the development and subsequent consolidation in the agreement of the basic principles of law relating to activities in this area:
- Peaceful use of the Antarctic zone. The deployment of troops is prohibited in the Antarctic; it cannot serve as a theater of war or a base for conducting them anywhere. It is not permitted to use its territory as a testing ground for the use of weapons (both conventional and nuclear).
- In the Antarctic, freedom of scientific research and international cooperation has been proclaimed. A similar provision applies to any state that, therefore, has equal rights with the countries party to the treaty.
- Ensuring environmental safety in the region. This part traces the similarity of the legal regime of the Arctic and Antarctic.
About the region
The same article IV of the Antarctic Treaty defines the territorial boundaries of its operation in relation to the area located south of the sixtieth parallel of the southern latitude. Consequently, the region indicated in the Convention includes all spaces - water, island, continental, which from the north are limited by this conditional line - a geographical parallel of 60⁰ south latitude. Within this region, the rights of any state are exercised in accordance with the provisions of an international law treaty regarding the high seas, which is especially stipulated.
Such an important position gives even more similarity to the legal status of Antarctica and the status of any territory with the international regime. In this regard, the coast of the Antarctic continent, together with island entities, does not have its own inland sea waters, exclusive and adjacent economic zones, and territorial sea, which would be the case if Antarctica came under the sovereignty or jurisdiction of a particular state.
The Antarctic Treaty has laid the foundation upon which further international legal regulation in this region is based. Its provisions were developed and supplemented by a number of other similar multilateral agreements. In 1972, one of the first such documents appeared - the Convention on the Conservation of Antarctic Seals. The number of harvested species was significantly limited with the establishment of an acceptable level of catch, limiting production by age, sex and size. In particular, areas both open and closed for hunting were identified, regulations were established regarding the use of various fishing gear. Seal mining activities in the Antarctic are being inspected, which is one of the most important components of this protection system.
About ecosystem conservation
In 1980, they adopted a convention on the conservation of the living marine resources of Antarctica. This document was the first among international legal acts based on the ecosystem approach. Its essence is in understanding the need to protect the bioresources of the Antarctic seas of a complex nature. Many species of living organisms acted as an object of regulation of the Convention (it was a question of populations of mollusks, fin fish, birds, etc.)
Moreover, the Convention extended not only to the areas south of the 60th parallel, but also to a longer zone, in which there was a mixture of natural factors of a purely Antarctic nature with those that are characteristic of more northern territories.
Thanks to this Convention, the establishment of a commission engaged in the conservation of the living marine resources of the Antarctic zone has taken place. In her powers - the performance of all control, organizational, scientific, applied and informational functions. All measures taken to preserve the region’s ecosystem are binding on any of the member states of the commission no later than 180 days from the date of notification.
About Antarctic Natural Resources
The procedure and conditions for their development are regulated in the provisions of the Convention on the Regulation of the Development of Mineral Resources of the Region, adopted in 1988. Its basic principles are a continuation and detail of the main principle of the Antarctic Treaty - ensuring a safe environment in the region. The legal regime for the development of any natural resource primarily takes into account the need to protect the environment and prevent damage to the rights and interests of other users of the Antarctic space.
The provisions of the Convention are intended to be implemented by specially approved bodies - the Commission and the Advisory Committee, vested with a sufficient number of powers to monitor the activities of the exploiting countries.
The entry into force of the 1988 Convention was canceled due to the negative attitude of most states of the international community that signed the resolution on an insufficient assessment of the particular vulnerability of the ecological system of this region. As a result, the member states of the Convention signed a protocol in Madrid in 1991 regarding the regulatory process for developing the mineral resources of the Antarctic region and protecting the environment.
Among the most important provisions of the Protocol should be mentioned the prohibition established by Article No. 7 with respect to any activity relating to mineral resources, except for research. For a period of 50 years, any kind of exploration and development work was frozen. .