диссертация (1169188), страница 72
Текст из файла (страница 72)
This is the longest maritime boundary in the world. Above all, the parties tothe 1990 Agreement clarified the location of the boundary mentioned in the 1867Convention: “From the initial point, 65° 30’ N., 168° 58’ 37” W., the maritimeboundary extends north along the 168° 58’ 37” W. meridian through the BeringStrait and Chukchi Sea into the Arctic Ocean as far as permitted underinternational law” (not “to the north without limitation”, as it is stated in the1867 Convention).According to Article 7 of the 1990 Agreement, it enters into force “on thedate of exchange of instruments of ratification.” The Agreement was ratified bythe US on 16 September 1991; Russia, however, did not ratify the Agreement,and consequently there was no exchange of instruments of ratification.Nevertheless, the parties agreed temporarily to apply the terms of the 1990Agreement starting from 15 June 1990, as the USSR Ministry of Foreign Affairsand the US Department of State exchanged the appropriate diplomatic notes.Therefore, both states have been complying with the 1990 Agreement for morethan 25 years, in accordance with Article 25 (Provisional application) of the 1969Vienna Convention on the Law of Treaties.316The Russian Ministry of Foreign Affairs states on the official website thatthe Russian state authorities have performed several expert examinations of the1990 Agreement to determine its compliance with the norms of the internationallaw of the sea and Russia’s interests, as well as to assess the potentialconsequences of declining to ratify the Agreement and ceasing its provisionalapplication.
The assessment led to the following conclusions. The Agreementdoes not interfere with Russian interests, with the exception of losing rights tofisheries in the area situated in the middle of the Bering Sea.421 According to thearticle penned by the Russian Foreign Minister Sergei Lavrov, the ratification ofthis Agreement by the Russian side depends on the successful conclusion of theRussian-American negotiations on the new fisheries agreement in the region.422To offer a legal estimation, it is expected that the 1990 Agreement will eventuallybe ratified by Russia for the following reasons: 1) both Russia and the US areinterested in clearly confirming the boundary line delineated in the 1867Convention; 2) the boundary line stipulated in the 1990 Agreement has beenhonoured by both neighbouring states for more than 25 years, which has certainlegal consequences; 3) Russia and the US are negotiating an agreement topreserve the traditional scope of Russian fisheries in the Bering Sea area whichwere ceded to the US under the 1990 Agreement.423The 1989 U.S.-USSR Agreement Concerning Cooperation in CombattingPollution in the Bering and Chukchi Seas in Emergency SituationsThe 1989 Agreement obliges the USSR (Russia) and the US to appointcompetent authorities to oversee its implementation, to inform each other of theimplementation process, to detect and promptly react to incidents causing marine421OfficialwebsiteoftheMFAof/asset_publisher/unVXBbj4Z6e8/content/id/355318.Russia.URL:http://www.mid.ru/web/guest/maps/us/–422Lavrov S.V.
Prioritety vneshnei politiki Rossii na morskom napravlenii [Russia’s Maritime Foreign PolicyPriorities] // Vneshneekonomicheskie svyazi [Foreign Economic Relations Journal]. – 2005. – Vol. 16. No. 4. – P. 9.URL: http://ecsocman.hse.ru/data/780/972/1219/8–13.pdf.423For more details see Vylegzhanin A.N. Soglashenie mezhdu SSSR i SShA o linii razgranicheniya morskikhprostranstv 1990 goda [The 1990 USSR-U.S. Maritime Boundary Agreement] // Vestnik MGIMO Universiteta[MGIMO University Review].
– 2010. – No. 1. – P. 106.317pollution in the areas of their jurisdiction. Parties to the Agreement are obliged todevelop the Joint Contingency Plan Against Pollution in the Bering and ChukchiSeas. The practicability of such plan was confirmed during the oildecontamination procedures on the coast of Alaska after the 1989 Exxon Valdezoil spill: at the request of the American side the USSR sent the Vaidagubskiy oilrecovery vessel to the site of the incident to assist with decontamination.The 2001/2011 Joint Contingency Plan Against Pollution in the Bering andChukchi Seas424 (the “Plan”) is currently in effect as part of the implementation ofthe 1989 Agreement.
It replaced the 1989 Joint Contingency Plan. Each partyoversees a geographical area of responsibility in accordance with the Plan.The joint Russia-US policy in this area is based on planning, coordination ofjoint response and communication. The aims of the Plan are as follows: a)“developing national systems that permit detection and prompt notification of thepollution incidents within the respective areas of responsibility; b) providingimmediate measures to prevent further spread of the oil spill or other hazardoussubstances; c) creating a framework of implementing adequate means of responseto a pollution incident.” The “incident” is understood to mean “a discharge or animminent threat of discharge of oil or other hazardous substance of such scope orsuch gravity that it requires an immediate response with intent to contain,decontaminate and dispose of the contaminating substances.”The Agreement provides for stage-by-stage response to pollution incidents:1) detection of the incident and prompt notification; 2) initial assessment andcommencement of countermeasures; 3) countermeasures aimed to contain andlimit the spread of polluting substances; and, 4) decontamination of the aquaticarea, disposal of harmful substances and polluted materials.
Responsibility forimplementing the Plan lies with the State Marine Emergency Salvage, Rescue andPollution Prevention Coordination Service within the Russian Ministry ofTransport, and the United States Coast Guard (the Department of HomelandSecurity). According to the Plan, a single planning and coordination unit is424URL: http://morspas.com/wp-content/uploads/2013/05.pdf.318established: the Joint Planning Group (the “Group”). The Group convenes at leastonce every 18 months. In addition, biannually, joint response drills must beundertaken. Russia and the US take turns hosting the meetings and drills.From the scholarly point of view, it is expedient to resume the activities ofthe Group, suspended since 2011.
425The 1989 Uniform Interpretation of Rules of International Law GoverningInnocent PassageUnlike the previous Agreement, this bilateral document is not confined to asingle region but applies to different sea areas, including certain channels of theBering Strait. This legal document enacted by the states bordering the straits has acolossal legal significance for vessels using these passages in accordance with theinternational law governing innocent passage.The 23 September 1989 USSR-U. Joint Statement declared the necessity ofelaborating a joint regulation by these two leading maritime powers – theUniform Interpretation of Rules of International Law Governing InnocentPassage – which was realized in a coordinated manner. 426 This bilateraldocument notes that UNCLOS establishes the right of innocent passage forvessels in the territorial sea, and that every vessel possesses such right without theneed for prior notification or authorization.
However, Article 30 of UNCLOSstates that “if any warship does not comply with the laws and regulations of thecoastal State concerning passage through the territorial sea and disregards anyrequest for compliance therewith which is made to it, the coastal State mayrequire it to leave the territorial sea immediately.” According to the mutualinterpretation of Russia and the U.S., UNCLOS Article 19 envisages anexhaustive list of activities that would render passage not innocent by disruptingpeace, good order or security of the coastal state. A coastal state which questions425URL: https://irsup.hse.ru/data/2015/11/09.pdf.426Uniform Interpretation of Rules of International Law Governing Innocent Passage // Collected treaties of theUSSR. No.
45. Moscow. 1991. P. 506.319whether the particular passage of a ship through its territorial sea is innocent shallinform the ship of the reason why it questions the innocence of the passage, andprovide the ship an opportunity to clarify its intentions or correct its conduct in areasonably short period of time.Vessels exercising the right of innocent passage must comply with all lawsand regulations of the coastal state, including the laws and regulations requiringvessels to use sea lanes and traffic separation schemes as prescribed. At the sametime, as stated in Article 24 of the UNCLOS, such laws and regulations “may nothave the practical effect of denying or impairing the exercise of the right ofinnocent passage of foreign vessels through the territorial sea.” The documentstipulates that any and all differences which may arise regarding a particular caseof passage of ships through the territorial sea must be settled through diplomaticchannels or other agreed means.The 1989 Agreement Concerning Mutual Visits by Inhabitants of the BeringStrait Region between the Government of the USSR and the Government of theUS427According to the Agreement (enacted on 10 July 1991),428 Russian andAmerican citizens wishing to visit their relatives in the designated areas of thesetwo neighbouring states must inform the Chief Commissioner of the other partythrough the Chief Commissioner of their state or through their relatives who havesent them a written invitation.429 The inhabitants of the designated areas in theUSSR and the US must cross the state border exclusively in the designated areas.The designated area in the US includes “Nome and Kobuk census areas, Alaska.”The designated area in the USSR/Russia includes “Iultinsky District, ProvidenskyDistrict and Chukotsky District, as well as the eastern part of Anadyrsky District427Treaties and international agreements registered or filed and recorded with the Secretariat of the United Nations.United Nations.
New York. 2005. Vol. 2262. P. 604–609.428URL: http://www.state.gov/documents/organization/218912.pdf.429“Relatives” are meant to be understood as “blood relatives, members of the same tribe or clan, or indigenouspeoples sharing common linguistic or cultural heritage with the indigenous peoples from the neighbouring territory.”320between the Anadyr River to the south and the Tanyurer River to the west,including the city of Anadyr (Chukotka Autonomous Okrug).” The allowed timeof stay on the other state’s territory is 90 days.
![](https://s.studizba.com/z.php?f=/templates/si/i/noavatar.png&w=100&h=100&t=1"){kind=avatar}
