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Northern Sea Route: International Law Perspectives
Abstract
The Northern Sea Route (NSR) passes through international waters and therefore is subjected to international regimes which encroach upon the regulatory sovereignty of states having stakes in the Arctic. These commitments cover freedom and safety of navigation, delimitation of exclusive economic zones, and obligations related to sustainability such as marine pollution, or conservation of fisheries. Russia's historical claims to sovereignty over the navigation along the NSR have been substantiated after the adoption of the UNCLOS which allowed states to take regulatory actions against marine pollution in ice-covered areas. Such special rights come in tandem with the provision of public goods such as piloting, icebreaking, and rescue services by Russian authorities and state-owned enterprises. The issue of the right to natural resources along the NSR will not be completely settled until a conclusive decision on Russian claims to extended continental shelf filed under the UNCLOS. Sustainability issues are least controversial and subject to unhindered intergovernmental cooperation.
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