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Research On Shipping Control Regimes Of The Russian Northern Sea Route

Posted on:2016-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:W LiFull Text:PDF
GTID:2296330473958438Subject:International Law
Abstract/Summary:PDF Full Text Request
Due to global warming, Arctic sea ice decreased,the Northern Sea Route gradually opened and put into commercial utilization. Russia on the basis of the national sovereignty and the United Nation Convention of Law of the Sea (hereinafter referred to as UNCLOS) actively develop domestic legislation to strengthen the Northern Sea Route’s control. Because of lacking legitimacy,Russia has been questioned and opposed by the other countries.In 2013,Russia promulgated"Rules of navigation on the water area of the Northern Sea Route"(hereinafter referred to as "2013 rules"), instead of the original navigation rules to regulate the Northern Sea Route. In order to safeguard the non-riparian States’interests of navigation, it is necessary to research Russian trend of legislation in new circumstances.This paper use two kinds of research methods, focusing on three issues. Firstly,according to the basis of jurisdiction on the Northern Sea Route raised by the Soviet Union and Russia,discussing "sector principle", "historic waters" and "straight baselines" as advocates of the Russian internal waters’legitimacy. Comprehensive analysis of the basic principles of international law and maritime geographical features,drawing a conclusion is that the proposition of "internal waters" is lawless.According to two criteria on "international Straits"of customary international law.get a conclusion is that the Strait of the northern sea route belongs to the international Straits.Secondly, making a comparison between "1990 Rules" and "2013 Rules", finding that new rules abolished compulsory ice pilot, which indicates that the independent of age or will come. Thirdly, to consider the coordination between new rules with and UNCLOS, the International Code for Ships Operating in Polar Waters (hereinafter referred to as the "Polar Code"). Russia is basically based on UNCLOS, but many practical terms beyond the purview of the provisions of the convention.Outlines the polar code development process, researching the relationship between Russia and Polar Code.Russian 2013 new rules is a product of the development,indicating that the management of navigation towards more open direction. But the Northern Sea Route is still in the strict control of Russia and passing ships bound by Russian inland legislation. In view of this, it should continue to deepen the research of the Northern Sea Route control problems and take use of existing international platform to make our own voice.It is also important to seek the same interests between our country and Russia,to protect our navigation rights.
Keywords/Search Tags:Northern Sea Route, UNCLOS, Polar Code
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