диссертация (Англо-американские международно-правовые доктрины о современном статусе Арктики), страница 3

Nor can such an analysis be foundin other in-depth studies on the international law of the sea: most notably, in thetreatise International Law of the Sea by A.N. Vylegzhanin, S.A. Gureyev, andG.G. Ivanov (Moscow: Yuridicheskaya Literatura, 2003); and in International Lawof the Sea. A Handbook by a group of authors, edited by Honoured Lawyer of theRSFSR G.S. Gorshkov (Moscow: Voennoe izdatel’stvo, 1985).

It would servelittle purpose to list other numerous academic publications on the legal regime ofthe Arctic here; they offer individual interpretations of the rules of UNCLOS asapplicable equally to the Indian Ocean and the Arctic, but contain evidentinaccuracies and errors analysed further here. Nor do such publications provide a12meaningful analysis of the Anglo-American doctrines on the legal regime of theArctic.Among the existing monographs on one of the most topical internationallegal issues – the Arctic shelf – it is worth giving special notice to the 2013brochure Proposals to the Roadmap for the Development of International LegalBases of Cooperation of Russia in the Arctic edited by a Corresponding Member ofthe Russian Academy of Sciences, President of the RIAC, former Minister ofForeign Affairs of the Russian Federation, I.S. Ivanov.

This booklet discusses theexisting bilateral and regional alternative solutions to the most pressinginternational legal issues in the Arctic Region, including that of specifying theboundaries of the Arctic shelf. Nevertheless, first, this book, too, lacks acomprehensive analysis of the Anglo-American doctrines of specifying the legalregime of the Arctic regions, and, second, new developments in the facts and theapplicable international law have occurred since the brochure was released.From among foreign academic works, Canadian law doctrines on the currentstatus of the Arctic are of special importance. It will be considered in detail further,but at the very outset it might be useful to indicate the main component of theCanadian legal research in the area: doubts “as to the status of the Arctic Ocean ashigh seas”; Canadian sovereignty in the Arctic; “Arctic straight baselines”; thenegotiation “of what was to become Article 234” of the UNCLOS: betweenCanada, the Soviet Union (at that time) and the United States; legal status of theNorthwest Passage and the Arctic Cooperation Agreement (Canada-US) of 1988;“the Sector Theory”.8 It would be also commendable to mention a collection ofscholarly works Environmental Security in the Arctic Ocean edited by P.A.Berkman and A.N.

Vylegzhanin (Springer: Dordrecht, 2013). Over twenty authorsof the book, mostly foreign scholars,9 have looked into a broad range of matters oflegal regulation of the economic and military activities of states in the Arctic,8InternationalLawChieflyasInterpretedandAppliedinCanada.Ed.H.M.Kindred.SixthEdition.Toronto.2000.P.420-430.9Only five Russian authors are represented in this book: A.N. Chilingarov, A.N. Vylegzhanin, D.V.

Vasilevskaya,V.V. Mikhailichenko, I.V. Bunik.13while focusing on the environmental concerns in the Arctic Ocean, common forboth Arctic and non-Arctic states.The most recent scholarly works include an article in English written bythree Professors – P. Berkman, A.N. Vylegzhanin, O.R. Young, Application andInterpretation of the Agreement on Enhancing International Arctic ScientificCooperation (Moscow Journal of International Law – 2017, No. 3). The authorsare examining the existing problems of international legal management ofscientific work in the Arctic, with an emphasis on the analysis of the Agreement ofthe eight Arctic states on Enhancing International Arctic Scientific Cooperation of2017. However, these publications still are not devoted to and do not touch directlyupon the international legal issues studied in the Anglo-American doctrines ofinternational law and discussed here.Theory underlying this study.

In writing this study, the author has reliedupon the already accumulated level of academic legal knowledge. The theoreticbasis for this dissertation is found in the treatises on the general theory ofinternational law, and, first and foremost, those by Yu.G. Barsegov, A.N.Vylegzhanin, G.V. Ignatenko, A.Ya. Kapustin, F.I. Kozhevnikov, Yu.M. Kolosov,G.I.

Kurdiukov, M.A. Lazarev, I.I. Lukashuk, B.I. Nefyodov, O.I. Tiunov, G.I.Tunkin, N.A. Ushakov, S.V. Chernichenko, V.M. Shumilov, and M.L. Entin.The scholarly works of the leading specialists in the international law of thesea and international environmental law are also used, namely, those by K.A.Beryashev, R.M. Valeyev, V.V. Golitsyn, A.L. Kolodkin, M.N. Kopylov, O.S.Kolbasov, V.L. Lakhtin, Yu.N. Maleyev, S.V. Molodtsov, P.V. Savaskov, V.F.Sidorchenko, N.A. Sokolova, G.G.

Shinkaretskaya, etc.Of special importance for a dissertation on this topic was the analysis of theacademic works by the following foreign authors on specific international issues oflaw and policy: P. Berkman, I. Brownlie, M. Shaw, R.V. Corell, J. Crawford, M.Jacobsson, R. Fife, R.V. Arnaudo, V.B. Lausoen, B.M. Magnusson, B. Kunoy, O.Young, etc.14The object of this study comprises the international relations arising fromvarious activities in the Arctic.The subject-matter of this study consists of the totality of rules andprinciples of international and domestic law regulating the relations concerning theuse of the area and natural resources of the Arctic surface, including islands androcks, the Arctic Ocean, including its seas, with a focus on the existing and futurenational interests of the Russian Federation in that region.The study aims to supply an up-to-date, accurate qualification of theinternational legal issues of specifying the status of the Arctic Ocean according toAnglo-American doctrines, a critical analysis of such doctrines from the standpointof the best solutions to those issues, and to produce recommendations for Russia inthis regard.In line with this aim, this work has addressed the following objectives:- to define the current meaning of the term “international legal doctrines”and “teachings” in order to ascertain the role of Anglo-American doctrines in theevolution of the international law applicable to the Arctic;- to identify alternative interpretations of the international legal rulesapplicable to determining the general legal regime of the seabed and surface waterswithin the Arctic Circle;- to outline the international legal means for Russia to draw baselines withits neighbouring Arctic states along its Arctic coastline; to substantiate the use bysuch states of different legal approaches and their respective interpretations in theAnglo-American doctrines of international law, and, based on such findings, toproduce theoretical proposals that would allow Russia to implement such foreignpractices;- to identify the approaches to interpreting international legal rules on thedelimitation and delineation of Arctic shelf as are set forth in the Anglo-Americandoctrines of international law, in the context of criticism by Russian internationallegal scholars of the drastic reversal of Russia’s Arctic legal policy duringPresident B.N.

Yeltsin’s term;15- to give a legal characteristic to the positions of two of Russia’sneighbouring Arctic states on the delimitation of the outer boundaries of theirArctic shelf, in the context of the assessment of such positions in the AngloAmerican doctrines of international law;- to establish the current substance of the most advanced mechanisms ofinternational environmental law applicable to the protection of the Arcticenvironment (including mechanisms of environmental impact assessment(hereinafter, the EIA), precautionary principle, and ecosystem management) in thecontext of interpretation of such mechanisms in the Anglo-American doctrines ofinternational law.Methodology and methods used.

The methodology underlying this studycomprises the dialectic method of acquiring verifiable knowledge, methods andtechniques of formal logic, as well as specialized methods, namely the historical,comparative legal, systemic and structural, and formal legal methods.The empirical basis of the study included international legal documents,and, first of all, international treaties, both universal, regional and bilateral,regulating interstate relations in the Arctic; acts of the Arctic Council, otherinternational fora and organisations; judgments of the International Court ofJustice, other courts and arbitral tribunals; and, domestic legal acts of the Arcticstates formulating their Arctic policy.A comparative analysis of non-binding “soft law” sources has been carriedout, namely, the resolutions of the UN General Assembly; the acts adopted by theArctic Council, other international organisations and conferences, including the2015 Declaration Concerning the Prevention of Unregulated High Seas Fishing inthe Central Arctic Ocean.This study contributes to the existing scholarship, as it is the first Russiancomprehensive monograph on international law examining the Anglo-Americaninternational legal doctrines on the status of the Arctic, addressing the issuesrelated to specifying the existing legal regime of the seabed within the ArcticCircle and the surface waters, including those that remain ice-bound for most of16the year; the baselines along the Arctic coastline; the issues of delineation anddelimitation of the Arctic shelf; the applicability to the Arctic region of the bestavailable mechanisms of protecting the environment under international law, in thecontext of climate change in the region and the ever-pressing need to ensureenvironmental safety in the Arctic Ocean, including its seas.The dissertation supplies a number of theoretical propositions and practicalrecommendations, which, taken together, can be viewed as a solution to anoutstanding scholarly challenge:- the effect of the Anglo-American doctrines of international law on the legalpolicy of Russia’s neighbouring Arctic states is demonstrated;- the theoretical summaries of the practice of foreign states related todrawing baselines along the Arctic coast as set out in the Anglo-Americandoctrines of international law are formulated;- the international legal means and methods of protecting the nationalinterests of the Arctic states as regards the boundaries of their Arctic shelf aredefined;- interpretations of the treaties applicable to specifying the current legalstatus of the Arctic Ocean floor from the standpoint of the Anglo-Americandoctrines of international law are suggested;- new trends in improving the environmental protection regime of the Arcticin light of the Anglo-American doctrines of international law are outlined;- the legal commentaries, available in the Anglo-American doctrine, to thelegal means of preventing unregulated high seas fisheries in the Central ArcticOcean are assessed;- the recommendations to improve the international legal mechanisms ofprotecting the national interests of the Russian Federation with respect to the highlatitude Arctic shelf, using selected arguments proffered by the Anglo-Americandoctrines of international law, including recommendations to prevent losses ofareas of such shelf within the Russian Arctic sector (that the Russian Governmentabandoned under the new Arctic legal policy announced in 1997) are worked out.17Some international agreements of the Arctic States treaties and otherinternational legal sources, as well as the acts of domestic law related to the issuesin question, are introduced by me into the Russian legal scholarship for the firsttime.The study has allowed me to submit the following propositions fordefence:1.Russian-language and English-language scholarship on internationallaw understand the term “teachings of the most highly qualified publicists” used inArticle 38 of the Statute of the International Court of Justice (hereinafter, the ICJ)differently.