диссертация (1169188), страница 66
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Government, with correspondingexpenses and income distributed between the cooperating states.To summarize, the suggestions on the topic offered by experts, the authorsof the paper “Arctic Navigation: A Route to Russian-American Cooperation”propose the following measures to increase safety of navigation in the BeringStrait:— adopting “traffic separation schemes”;— designating “areas hazardous for navigation” and “areas requiring speciallegal protection” due to its cultural or ecological significance;382URL: http://www.imo.org/en/OurWork/Safety/Navigation/Documents/LRIT/MSC.202(81).pdf (last accessed on:25 February 2016).289— promoting a more widespread use of the existing “automatedidentification systems”;— developing additional tools of navigation, providing access to ports ofrefuge on both sides of the Bering Strait for vessels in distress to reduce thechances of the loss of a vessel or lives;— sharing response equipment for faster and more effective responses toaccidents, spills, and other disasters.383According to a paper penned by a group of authors in English, the BeringStrait will be used by an ever-increasing number of ships in the following years.
Inthis context, authors suggest clarifying the navigation management framework inthe region to minimize the negative impact on the environment and prioritize theprotection of the local coastal population’s interests, while taking into account theinterests of the ship owners whose use of the Bering Strait leads to long-termeconomic benefits.384Academic publications also note that insurance companies are likely tooblige insured vessels to follow recommended routes and regulations that are to beagreed upon by Russia and the US.385Alongside the ideas on Russia-US cooperation to establish a navigationregime, it is also suggested to develop further environmental protection measuresspecifically for the Bering Strait region, primarily in the following areas:A)recognizing the Bering Strait region as “world cultural and naturalheritage”;B)designating the Bering Strait as a “special area”;383Sudokhodstvo v Arktike – put’ k rossiisko–amerikanskomu sotrudnichestvu [Arctic Navigation as a Path toRussian-American Cooperation].
20 November 2014 / Official website of the RIAC. URL:http://russiancouncil.ru/inner/?id_4=4805#top (last accessed on: 25 February 2016).384Henry Huntington, Raychelle Daniel, Andrew Hartsig, Kevin Harun, Marilyn Heiman, Rosa Meehan, GeorgeNoongwook, Leslie Pearson, Melissa Prior–Parks, Martin Robards, George Stetsoni. Vessels, risks, and rules:Planning for safe shipping in the Bering Strait. Marine Policy. P. 120.
URL: http://ac.els–cdn.com/S0308597X14002012/1–s2.0–S0308597X14002012–main.pdf?_tid=baa3c5a0–9c3a–11e5–a42a–00000aab0f6c&acdnat=1449421355_71210a1f112d3cefded4fe2563c5ffae.385Sudokhodstvo v Arktike – put’ k rossiisko–amerikanskomu sotrudnichestvu [Arctic Navigation as a Path toRussian-American Cooperation]. URL: http://russiancouncil.ru/inner/?id_4=4805#top–content.290C)designating the Bering Strait as a “particularly sensitive sea area.”In the Workshop Report to identify several viable options for the protectionof Ecologically and Biologically Significant Areas (EBSAs) from the possiblenegative effects of shipping and other maritime activities in the Bering StraitRegion, it was suggested to recognize the Wrangel Island Federal Nature Preserve(Russia) and the Glacier Bay National Park and Preserve (Alaska, US) as worldheritage sites, as one of the mechanisms of environmental protection.386Both English and Russian doctrinal sources positively note the broad legalframework applicable to the environment in the Bering Strait Region and goodU.S.-Russian collaboration in this area.
According to the 1973 InternationalConvention for the Prevention of Pollution from Ships, as amended by the 1978Protocol (MARPOL 73/78), a special area is a sea area, where “for technicalreasons relating to their oceanographical and ecological condition and to their seatraffic, the adoption of special mandatory methods for the prevention of seapollution is required.” IMO Resolution A.927(22) (adopted by the IMO on 29November 2001) – Guidelines for the Designation of Special Areas387 – definesthe technical factors included among the oceanographical and ecologicalconditions referred to in MARPOL 73/78. Oceanographical conditions includeocean currents, temperature, salinity, long residence time caused by low flushingrates, extreme ice states, adverse wind conditions.
The ecological conditionsinclude the following: depleted, threatened or endangered marine species; areasof high natural productivity; spawning, breeding and nursery areas for importantmarine species; areas representing migratory routes for sea-birds and marinemammals; rare or fragile ecosystems; and, critical habitats for marine resourcesand/or areas of critical importance for the support of large marine ecosystems.For a particular sea area to be legally classified as “special”, it requires anavigation intensity high enough to make the general requirements of MARPOL386URL: http://cmsdata.iucn.org/downloads/nome_workshop_report_final.pdf (last accessed on: 13 February 2016).387URL: http://www.gc.noaa.gov/documents/gcil_sad_imo_927.pdf (last accessed on: 23 February 2016).29173/78 insufficient for protection from pollution.
A concerned state may offerother justifications for the said legal classification. At the same time, theconcerned state must submit the proposal to the IMO, including clarification as towhy the said area satisfies the criteria of a “special sea area.” Such a proposalmay be introduced by one or several states. If two or more states have a commoninterest in the area, they submit a joint proposal.Due to its special location characterized earlier in the text, the Bering Straitis recognized as a territory that is “particularly significant for preservation of thesurrounding ecosystems” by the World Wildlife Fund.388 As states bordering theBering Strait, Russia and the US are advised to adopt special measures forenvironmental protection in the Bering Strait region.
At the same time, it isnecessary to consider that Resolution 69/245 Oceans and the Law of the Sea,adopted by the UN General Assembly on 29 December 2014, calls forcooperation in navigation safety between states bordering straits used forinternational navigation and states using such straits, as well as “prevention,reduction and control of pollution from ships,” and welcomes the positive steps inthis direction.389From the legal standpoint it is appropriate to note that specific mechanismsof environmental protection are introduced in particularly sensitive sea areas (firstand foremost, within the framework of the IMO, on “ecological”, “social”,“economic” or “scientific” grounds). Such areas are considered sensitive due tothe potentially negative consequences of international navigation.390Designating an area as a “particularly sensitive sea area” is the exclusivecompetence of the IMO – the specialized UN institution which “providesmechanisms of cooperation between governments for the adoption of rules and388Official website of the WWF.
URL: http://ntt.wwf.ru/about/what_we_do/seas/shipping/doc3361/page1. (lastaccessed on: 13 February 2016).389URL: http://daccess–dds–ny.un.org/doc/UNDOC/GEN/N14/719/25/PDF/N1471925.pdf?OpenElement.accessed on: 13 February 2016).390(lastIMO Resolution A.982(24) dated 1 December 2005, Revised Guidelines for the Identification and Designation ofParticularly Sensitive Sea Areas. URL: http://www.imo.org/en/OurWork/Environment/PSSAs/Documents/A24–Res.982.pdf (last accessed on: 13 February 2016).292regulations concerning the technical issues of international navigation, promotesthe best possible standards of safety and efficiency of navigation, as well as theprevention of marine and atmospheric pollution by ships.”391 Currently, accordingto IMO data, this international organisation has already recognized 14 particularlysensitive sea areas, none situated in the Arctic Ocean or its seas.392There already exists a legal practice of designating international straits asparticularly sensitive sea areas, although at this stage there is no such practiceregarding Arctic straits.
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