диссертация (1169188), страница 70
Текст из файла (страница 70)
Such bilateral control would undoubtedly lead to thedecrease of sea accidents in the aquatic areas of the Bering Strait region due tonavigational or other mistakes of fishing vessel personnel.The 1979 Convention on the Conservation of Migratory Species of WildAnimalsThe Convention (already in effect) was signed by both Russia and the US,although neither state has ratified it as yet.The 1979 Convention, above all, stipulates that “parties should promote, cooperate in and support research relating to migratory species; shall endeavour to306provide immediate protection for migratory species included in Appendix I; andshall endeavour to conclude Agreements covering the conservation andmanagement of migratory species included in Appendix II.”Consequently, there are two Appendices to the 1979 Convention.
AppendixI comprises the list of “endangered migratory species”. Appendix II covers“migratory species that have an unfavourable conservation status” and thatrequire international agreements for their conservation and management.Additionally, it lists the species “that have a conservation status which wouldsignificantly benefit from the international cooperation that could be achieved byan international agreement.”Even though neither Russia nor the US are parties to the Convention, thewebsite of the Russian Ministry of Natural Resources and Environment mentionsthat Russia is interested in joining it.413 Similar interest is expressed by the US atofficial level.Therefore, it cannot be ruled out that both neighbouring states might applythis multilateral agreement to the Bering Strait region, driven not only by thecommon cooperative goal of implementing the 1979 Convention, but also bycertain aspects requiring bilateral mechanisms for such implementation.The 1989 Basel Convention on the Control of Transboundary Movements ofHazardous Wastes and Their DisposalRussia is a party to the 1989 Convention; the US is not.The Convention obliges a state exporting hazardous wastes from its territoryto inform the competent authorities of concerned states about such transboundarymovements that cause additional risks.
After receiving such a notification, theimporting state (the destination of the transportation) must submit a response. TheConvention stipulates that member states are responsible for cooperation on the“environmentally sound and efficient management of hazardous and otherwastes.” “Environmentally sound management” is understood to mean “taking all413URL: http://www.mnr.gov.ru/news/detail.php?ID=134625&sphrase_id=956636.307practicable steps to ensure that hazardous wastes or other wastes are managed in amanner which will protect human health and the environment against the adverseeffects which may result from such wastes.” In case of illegal traffic, the state ofexport shall ensure that the wastes in question are either taken back by theexporter or otherwise disposed of in accordance with the Convention.Matters of the Russia-US cooperation on the implementation of the 1989Convention in the Bering Strait region, it seems, remain a subject for futureconsultations that will be logical should the US join the 1989 Convention.The 1992 UN Framework Convention on Climate ChangeBoth the Russian Federation and the US are parties to this Convention.The goal of the 1992 Convention is the “stabilization of greenhouse gasconcentrations in the atmosphere at a level that would prevent dangerousanthropogenic interference with the climate system.” To achieve this goal, partiesto the Convention (including Russia and the US) undertake to follow a number oflegal principles: protect the climate system on the basis of equity, take the needsof the developing countries into consideration, take precautionary measures(“precautionary approach”), promote sustainable development, and promotesustainable economic growth.
The 1992 Convention is a very dynamic treaty andis often amended to include additional legal enactments.One may project that Russia-US cooperation regarding the implementationof this conventional regime may expand in the general context of bilateral andmultilateral environmental cooperation.414The 1992 Convention on Biological DiversityThe Russian Federation is a party to this Convention, the US is not.Pursuant to Article 5 of the 1992 Convention, “each Contracting Party shall,as far as possible and as appropriate, cooperate with other Contracting Parties,414See, e.g., RIAC. Proposals to the Roadmap of Development of the International Legal Bases of Russia’sCooperation in the Arctic. Workbook. I.S.
Ivanov (Ed.-in-Chief), A.N. Vylegzhanin et al. М. 2013. P. 9.308directly or, where appropriate, through competent international organizations, inrespect of areas beyond national jurisdiction and on other matters of mutualinterest, for the conservation and sustainable use of biological diversity.” Theentire Bering Strait region, as already noted, is a concentration of habitats ofdiverse biological species, in which context cooperation between Russia and theUS is objectively desirable for the purposes of the Convention.According to the Convention, the contracting parties establish a “system ofprotected areas or areas where special measures need to be taken to conservebiological diversity.” Taking this into account, Russia and the US must decide ifthe adoption of such measures in the Bering Strait region corresponds to theiroverlapping interests.
Even if the US remains outside the 1992 Convention, thespecific measures noted above may be agreed upon and enacted bilaterallybetween Russia and the US.§3.2. Regional treaties, declarations, and other regional documentsapplicable to the Bering Strait regionThe 1973 Agreement on the Conservation of Polar BearsThis is the first agreement signed by the five Arctic coastal nations: theSoviet Union, Canada, Denmark, Norway, and the US. At present, Russia is partyto the 1973 Agreement as the legal successor of the USSR.
The agreementprohibits hunting the polar bear, with the exception of killing for scientificpurposes, to conserve the health of the population; by local peoples usingtraditional methods of hunting; and to sustain the ecosystem balance of otherliving resources. It stipulates that parties must adopt appropriate measures topreserve Arctic ecosystems to which polar bears belong, and establish nationalprograms of scientific research on polar bears, promote consultations and dataexchange.
As will be shown below, Russia and the US also cooperate to preservepolar bears bilaterally.309The 2011 Agreement on Cooperation on Aeronautical and Maritime Searchand Rescue in the ArcticAll eight member states of the Arctic Council are parties to the 2011Agreement: Denmark, Iceland, Canada, Norway, the Russian Federation, the US,Finland, and Sweden.According to the 2011 Agreement, states cooperate and coordinateaeronautical and maritime search and rescue in the Arctic region. The Agreementprovides for exchange of information between states: namely, communicationdetails, information about search and rescue facilities, lists of available airfieldsand ports and their refuelling and supply capabilities, knowledge of fuelling,supply and medical facilities, information useful for training search and rescuepersonnel. In addition, participating states shall undertake collaborative effortssuch as: exchange of experience; sharing of real-time meteorological andoceanographic observations, analyses, forecasts, and warnings; arrangingexchanges of visits between search and rescue personnel; carrying out jointsearch and rescue exercises and training; using ship reporting systems for searchand rescue purposes; sharing information systems, search and rescue procedures,techniques, equipment, and facilities; providing services in support of search andrescue operations; sharing national positions on search and rescue issues ofmutual interest within the scope of the Agreement; supporting and implementingjoint research and development initiatives aimed, inter alia, at reducing searchtime, improving rescue effectiveness, and minimizing risk to search and rescuepersonnel; conducting regular communications checks and exercises, includingthe use of alternative means of communications for handling communicationoverloads during major search and rescue operations in the Arctic region.The Agreement also reflects the very fact that member states recognize theincrease of maritime navigation in the Arctic as well as the necessity of takinginto account the regional identity of the Arctic during the organization of searchand rescue operations.
The Agreement also encourages concerned states to310introduce further bilateral frameworks to strengthen search and rescuecooperation in the Arctic Region.The 2013 Agreement on Cooperation on Marine Oil Pollution Preparednessand Response in the ArcticAll eight member states of the Arctic Council are parties to the 2013Agreement, which is also applicable to the Bering Strait region: Denmark,Iceland, Canada, Norway, the Russian Federation, the US, Finland, and Sweden.The Ministry of Transport is the competent authority for the implementation ofthe 2013 Agreement in Russia.According to the 2013 Agreement, “each Party shall maintain a nationalsystem for responding promptly and effectively to oil pollution incidents.”Additionally, “the Parties may request assistance from any other Party or Partiesto respond to an oil pollution incident.” Where necessary, the parties establish “aminimum level of pre-positioned oil spill combating equipment,” “a program ofexercises for oil pollution response organizations and training of relevantpersonnel”, “plans and communications capabilities for responding to an oilpollution incident” and “a mechanism or arrangement to coordinate the responseto an oil pollution incident with, if appropriate, the capabilities to mobilize thenecessary resources.” A party shall notify each concerned party about any oilpollution incident or the possibility of such incident.Under the Agreement, each party must maintain a national system forresponding promptly and effectively to oil pollution incidents.
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