диссертация (1169188), страница 73
Текст из файла (страница 73)
The Chief Commissionerdetermines both aerial and maritime routes of transportation. To cross the stateborder, Russian and American citizens of the designated areas must have apassport insert which confirms their residence in the designated areas. The ChiefCommissioners provide each other with a sample of such insert; should anychanges be made to the insert, a party must notify the other party 30 days prior tothe distribution of the amended insert.The 1989 USSR-US Agreement Concerning the Bering Straits RegionalCommission430According to this Agreement, enacted on 10 July 1991,431 the Governmentof the USSR and the Government of the US agreed to establish the Bering StraitsRegional Commission (the “Commission”). The commission is comprised ofthree USSR Commissioners and three US Commissioners, one of each (for eachparty) designated as Chief Commissioner.The USSR Chief Commissioner’s jurisdiction area is limited to theIultinsky, Providensky and Chukotsky Districts, as well as the eastern part ofAnadyrsky District between the Anadyr River to the south and the Tanyurer Riverto the west, including the city of Anadyr (Chukotka Autonomous Okrug).
The USChief Commissioner’s jurisdiction area are Nome and Kobuk census areas,Alaska.It should be noted that the “jurisdiction areas” established by this Agreementcoincide with the “designated areas” of the 1989 Agreement Concerning MutualVisits by Inhabitants of the Bering Strait Region between the Government of theUSSR and the Government of the US (see above).430Agreement Concerning the Bering Straits Regional Commission // International Legal Materials.
Vol. 28. No. 6(November 1989). P. 1429–1433.431BilateralTreatiesinForcehttp://www.state.gov/documents/organization/83043.pdf.//USStateDepartment.URL:321The Bering Straits Regional Commission is responsible for the following: 1)investigating and, where appropriate, resolving all minor local incidentsincluding: involuntary crossing of the state border without authorization of thestate in question or other legal grounds; in cases not covered by the 1988Agreement Between the Government of the US and the Government of the USSRon Mutual Fisheries Relations, repatriating the fishing equipment, including crabpots, which moved to the party’s territory through natural causes; repatriatingproperty which moved to the party’s territory incidentally; 2) assisting witharranging emergency services: performing an integrity check of citizens detainedor arrested; performing financial transactions for the repatriation of citizens(detained, arrested, gone missing, contracted disease or dead while visiting theother party’s national territory); providing medical equipment; 3) assisting withpreventing local incidents; 4) assisting with implementing the 1989 Agreement;5) assisting with searching for persons, vessels and property missing in the otherparty’s territory.The 1989 Agreement stipulates that every conflict on the boundary’slocation must be settled via diplomatic channels.
Every incident that cannot besettled within the framework of the Commission must be settled throughdiplomatic channels.Each party covers the expenses of its Commissioners’ activity. TheCommissioners schedule periodic and additional (if requested) meetings. Theminutes of each meeting must be kept in the English and Russian languages.As an academic publication notes, after this Agreement entered into force,both Russia and the US have designated their Commissioners; however, there isno information on whether or not the Commission ever carried any resolutions.Nevertheless, it is opined that the scope of the Commission’s authority could beexpanded to assist with regulation of the Bering Strait region.432432Paul Arthur Berkman, Alexander N. Vylegzhanin & Oran R. Young.
Governing the Bering Strait Region:Current Status, Emerging Issues and Future Options // Ocean Development & International Law. – 2016. – V. 47.No. 2. – P. 206.322The 1993 Agreement between the Government of the US and theGovernment of Russia on Science and Technology Cooperation (the “1993Agreement”)The 1993 Agreement was envisaged to remain in force for 10 years,however, on December 15, 2005, the governments reached an agreement toextend the 1993 Agreement through exchange of diplomatic notes.The goal of the 1993 Agreement consists in “expanding the connectionsbetween the scientific and technological communities of both countries bypromoting and supporting cooperation and peaceful development of scientific andtechnological cooperation on a mutual and coordinated basis.” To implement theAgreement, the parties established the Joint Science and Technology CooperationCommittee.
The tasks of the Committee as stipulated by the Agreement were to“assess and adopt recommendations on promoting a conducive environment forscientific and technological cooperation; encourage consultation and informationexchange to improve scientific and technological cooperation; assess thepriorities of scientific and technological cooperation between the Parties; assesstheprocessofscientificandtechnologicalcooperationanddeveloprecommendations aimed to improve its efficiency; assist, where necessary, withthe creation of workgroups including experts and scientists from both Parties, tocoordinate the research in the priority areas of science and technology, as well asthe realization of large-scale projects; examine other issues relevant to scientificand technological cooperation between the Parties, as deemed necessary by theJoint Committee.”The 2005 Memorandum Of Understanding for Cooperation in the Areas ofMeteorology, Hydrology and Oceanography between the National Oceanic andAtmospheric Administration of the Department of Commerce of the United Statesof America and the Federal Service for Hydrometeorology and EnvironmentalMonitoring (the Russian Federation) (the “2005 Memorandum”) was signed323within the framework of the Agreement.433The purpose of the 2005Memorandum is to foster the joint pursuit of science and technology activitiespertaining to meteorology, hydrology and oceanography between the parties,taking into account the mutual interests and experience of both parties.Currently both the 1993 Agreement and the 2005 Memorandum haveexpired.
The experts have noted the expediency of restoring the cooperationbetween Russia and the US within the framework of the 1993 Agreement and the2005 Memorandum.The 2000 Agreement between the Government of the United States ofAmerica and the Government of the Russian Federation on the Conservation andManagement of the Alaska-Chukotka Polar Bear PopulationIt has been noted above that both Russia and the US are parties to themultilateral 1973 Agreement on the Conservation of Polar Bears. Nevertheless,the polar bear population requires more specific bilateral measures of targetedlegal protection. According to projections of the International Union forConservation of Nature, the polar bear population might decrease by 30% by2050.
Among the reasons for the expected decline are, first and foremost, climatechange in the Arctic, corresponding changes to ecosystems, and economicactivity in the region.In 2000, the Agreement between the Government of the United States ofAmerica and the Government of the Russian Federation on the Conservation andManagement of the Alaska-Chukotka Polar Bear Population (the “2000Agreement”) was signed. In this bilateral Agreement the parties clearly definedwho, how and under what circumstances can engage in controlled polar bearhunting.433Memorandum of Understanding for Cooperation in the Areas of Meteorology, Hydrology and Oceanographybetween the National Oceanic and Atmospheric Administration of the Department of Commerce of the UnitedStates of America and the Federal Service for Hydrometeorology and Environmental Monitoring (the RussianFederation)//OfficialwebsiteoftheNOAA.URL:ftp://ftp.etl.noaa.gov/users/tuttal/RussianCustoms/Signed_NOAA–RoshydrometMOU_EN.pdf.
Just like the 1993Agreement, the 2005 Memorandum ceased to be in effect on 15 December 2015.324Thus, according to the 2000 Agreement, only the indigenous peoples of theNorth may take polar bears of the Alaska-Chukotka population for subsistencepurposes, with the following restrictions: the taking of females with cubs, cubsless than one year of age, and bears in dens, including bears preparing to enterdens or who have just left dens; the use of aircraft, large motorized vessels andlarge motorized vehicles for the purpose of taking polar bears; the use of poisons,traps or snares for the purpose of taking polar bears.The 2000 Agreement does not authorize the taking of polar bears forcommercial purposes. However, the indigenous peoples of the North, consistentwith the domestic law of the contracting parties, may create, sell, and usetraditional articles associated with the native harvest of polar bears.
Only theanimals determined not to be releasable to the wild may be placed on publicdisplay. The contracting parties undertake, in accordance with domestic law,“measures necessary for the prevention of illegal trade in polar bears, includingtheir parts and derivatives.”In 2008, the US included the polar bear in the Endangered Species List,which is protected by the 1973 Endangered Species Act.The amount of Alaska-Chukotka polar bears taken by the indigenouspeoples is set based on the recommendations of the Russian-American Polar BearCommission.
The Alaska-Chukotka polar bear population is frequentlycharacterized by biologists as “replenishing”.In general, both Russian and American papers note that the 2000 Agreementis being implemented along with the national legislation on the Alaska-Chukotkapolar bear population both in Russia and the US.The 26 May 2011 Joint Statement of the President of the United States ofAmerica and the President of the Russian Federation on Cooperation in theBering Strait Region (hereinafter, “the 2011 Joint Statement”)In the 2011 Joint Statement the heads of the two neighbouring statesannounced their “intention to deepen cooperation between the United States of325America and the Russian Federation in the cross-boundary Bering Strait region,including the expansion of interaction between the national agencies that areresponsible for the specially protected natural territories/areas of both countries inthe State of Alaska and the Chukotka Autonomous District, including theircommitment to developing a dialogue with native peoples to help determine thespecific goals and methods for such cooperation.” 434This document, apart from promoting the term “Bering Strait Region” at ahigh international legal level and determining its meaning, created the legalfoundation for further development of cooperation between the two neighbouringstates in this cross-boundary region, extremely important for both Russia and theUS.The 2015 Agreement between the Government of the United States ofAmerica and the Government of the Russian Federation on Cooperation for thePurposes of Preventing, Deterring and Eliminating Illegal, Unreported, andUnregulated Fishing435The purpose of Russia-US cooperation within the framework of thisinternational agreement is “preventing, deterring and eliminating illegal,unreported and unregulated fishing in marine areas in which either Partyexercises sovereign rights and jurisdiction with respect to fishing in accordancewith the norms of international law, as well as in high seas areas that are subjectto international fishing agreements to which both Parties are party.” Therefore,while the agreed area of cooperation is considerably larger in scope than theBering Strait region, the 2015 Agreement is undoubtedly applicable to its marineareas.The competent authorities for the purposes of the implementation of theAgreement are the Federal Fisheries Agency, the Federal Security Service, and434Joint Statement of the President of the United States of America and the President of the Russian Federation onCooperation in the Bering Strait Region dated 26 May 2011 // Official website of the President of the RussianFederation.
![](https://s.studizba.com/z.php?f=/templates/si/i/noavatar.png&w=100&h=100&t=1"){kind=avatar}
