диссертация (1169188), страница 65
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a routeing measure aimed at the separationof opposing streams of traffic by appropriate means and by the establishment oftraffic lanes on the navigational charts;• one-way traffic establishment, where natural obstacles, including thoseforming separation zones, may constitute a boundary;• separating a traffic lane from the adjacent sea area; or separating trafficlanes designated for particular classes of ship proceeding in the same direction;374Official website of the IMO.
URL: http://www.imo.org/en/MediaCentre/HotTopics/polar/Pages/default.aspx (lastaccessed on: 25 February 2016).375Ristroph E. B. Loosening Lips to Avoid Sinking Ships: Designing a Ship Communications System for the BeringStrait Region // Indiana International & Comparative Law Review.
– 2014. – V. 24. No. 3. – P. 611.376Amver Reports / Official website of the AMVER. URL:http://www.amver.com/amverreports.asp (last accessedon: 25 February 2016).285• circular traffic lane, i.e. a circular separation zone marked on thenavigational charts;• inshore traffic zone: a designated area between the landward boundary of atraffic separation scheme and the adjacent coast (port);• recommended route (sea lane): a route for the convenience of ships intransit, which is often marked by centreline buoys;• deep-water route: a route within defined limits which has been accuratelysurveyed for clearance of sea bottom;• precautionary area: an area within defined limits where ships mustnavigate with particular caution, decreasing their speed during navigation in aparticular direction;• area to be avoided: an area in which navigation is particularly hazardousand which should be avoided by all ships, or by certain classes of ships.377Suggestions to implement one or several of the measures listed above maybe elaborated in Russia, or in the US, or jointly, but such measures may only beadopted with the consent of these both states bordering the Bering Strait.Some American scholars believe that such measures, if applied to the BeringStrait, may further the prevention of vessel collision with sea mammals in thestrait.378In doing so, they explain that the Bering Strait region is:— an important migratory corridor for walrus, whales and other migratingsea animals in spring and autumn;— a high concentration area for Pacific walrus in spring;— a high concentration area for bowhead whales in autumn;— an important migratory corridor for grey whales between June andDecember;— a concentration area for ringed seals in spring, summer and autumn;377Shippinginpolarwaters/OfficialwebsiteoftheIMO.URL:http://www.imo.org/en/OurWork/safety/navigation/pages/shipsrouteing.aspx (last accessed on: 23 February 2016).378Recommendations on the Port Access Route Study: In the Chukchi Sea, Bering Strait and Bering Sea.
P. 9–10.http://docs.audubon.org/sites/default/files/documents/bering_strait_pars_ngo_ltr_and_appendices_3june2015_0.pdf.286— an important ornithological territory for marine bird nesting colonies;— a high concentration area for polar bears during winter, spring, and earlysummer;— considering the factors listed above, the Bering Strait region is also anarea of traditional industries for coastal communities and indigenous peoples.379The proposal of joint Russia-US elaboration of a normative act designatingthe Bering Strait region as an area to be avoided is met with objections from otherexperts in the context of the UN Secretary-General’s Report of 1 November 1995(A/50/713).
According to that document, an area to be avoided may not bedesignated if it will “impede the passage of ships through an international strait.”380Nevertheless, from the legal standpoint it is evident regardless of the UN Report,in the context of the aforementioned rules of the law of the sea applicable to straitsused for international navigation.Traffic separation schemes and other navigational safety measures in theBering Strait region may be adopted either within the framework of the IMO(according to Articles 41 and 42(1)(a) of the UNCLOS) or bilaterally by Russiaand the US, for the following reasons:a) Article 41 (4) of the UNCLOS states that traffic separation schemes areadopted by the IMO, but:b) The US is not party to the UNCLOS.Therefore, the key point is a cooperative agreement between Russia and theUS on traffic separation schemes in the Bering Strait region; conversely,uncoordinated introduction of traffic separation schemes would be legallyineffective: for example, between the coast of the Chukchi Peninsula and the islandof Big Diomede by Russia, and between the coast of the Alaska Peninsula andFairway Rock by the US.3792015 Audubon Alaska comments on U.S.
Coast Guard Bering Sea Port Access Route Study. URL:http://docs.audubon.org/sites/default/files/documents/bering_strait_pars_ngo_ltr_and_appendices_3june2015_0.pdf.380Law of the Sea. Report of the Secretary-General. A/50/713. November 1, 1995 // Official website of the UN.URL: http://www.un.org/depts/los/general_assembly/general_assembly_reports.htm (last accessed on: 25 February2016).287Development of a bilateral joint TSS project in the Bering Strait regionwould be the optimal solution from the legal standpoint.
Russia and the US optedfor this exact approach, and the IMO adopted a resolution on ship routeing in theBering Strait region based on their project.Expert suggestions on introducing a vessel traffic management service in theBering Strait region are also noteworthy. Emphasis here is being made on IMOpractices. Thus, for instance, when creating a vessel traffic management system(the abridged term “vessel traffic system” is also used), member states of the IMOtake IMO Resolution A.857(20) into account. According to that document, a vesseltraffic management system is a service implemented by a competent authority of astate or several states, designed to improve the safety and efficiency of vesseltraffic and protect the environment. The service should be able to interact with thetraffic and respond to traffic situations developing in the area of navigation. Wheretwo or more states have a common interest in establishing a vessel traffic system ina particular area, they should cooperate on the matter.
Under the IMO document, ifa coordinated vessel traffic system is established, it should have uniformprocedures and operations even if regulated by several administrations.Vessel traffic services provide informational, navigational, and trafficorganization services:— the information service is provided by broadcasting information at fixedintervals or when necessary based on the ship’s navigational situation, or at therequest of a vessel; such information may include reports on the position of othervessels, the weather, and navigational hazards;— the navigational service is normally rendered at the request of a vessel or,less frequently, when the vessel traffic system deems it necessary;— the traffic organization service concerns the operational management oftraffic, including piloting and planning vessel movements to prevent dangeroussituations.381381IMO Guideline for Vessel Traffic Services, Resolution A.857 (20) / URL: http://www.maritime–vts.co.uk/A857.pdf (last accessed on: 25 February 2016).288Concerning the potential adoption of a joint Russia-US long-rangeidentification and tracking system in the Bering Strait region, which has beendiscussed at international academic meetings, it should be noted that according toResolution MSC.202(81) adopted on 19 May 2006, the application of such systemis prescribed for all cargo ships with a gross tonnage of at least 300 tons; passengerships, including high-speed passenger vehicles; and mobile offshore drilling units.Ships within the system must automatically transmit information on the ship’sidentity, position (latitude and longitude), date and travel time.
Governments of thestates involved in the realization of such a system bear all costs associated with itsadoption and operation.382As the Arctic ice melts and navigation increases in the Bering Strait region,the risks of collision with ice and other vessel accidents related to ice conditionsgrow proportionally. In this context, scholarly literature suggests introducing “icepatrol” (“ice patrol service”) similar to that operating in the Newfoundland region.According to Regulation 5 of the Appendix to the SOLAS Convention: “Duringthe whole of the ice season, the south-eastern, southern and south-western limits ofthe region of icebergs in the vicinity of the Grand Banks of Newfoundland shall beguarded for the purpose of informing passing ships.” According to Regulation 6,the ice patrol service is managed by the U.S.
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