Sustainable Development Clauses in the International Law of the Sea

INTRODUCTION. A group of foreign international scholars has recently published a collective monograph – “Contingency in International Law: on the possibility of different legal histories” [Contingency in International Law…2021]. The starting point of this work is the question why international law is as we know it today, and whether it could be different. The problem of possible alternative ways for development of international law calls challenges the necessity of the current state of international law and urges to research the interrelation among the power of international law itself, historical context and wills of subjects involved in international law-creating.MATERIAL AND METHODS. The research material for the present article is the collective monograph “Contingency in International Law: on the possibility of different legal histories” edited by I. Venzke and K.J. Heller. The study of the presented ideas is based on general scientific methods and private legal methods, as the historical and legal approach.RESEARCH RESULTS. The development of a national international legal scholarship of the theory of international law sometimes needs an intellectual impulse, a bold statement of questions that challenge the dominant theoretical principles. In this regard, the question on the possibility of different ways of developing international law due to a variety of factors, could be a trigger for rethinking positivist attitudes in the Russian theory of international law. The intention in revising the classical theses does not imply rejection of established legal positions, but, on the contrary, it necessitates fruitful reflections on traditional tenets. This assumption is illustrated with the concept of the international legal policy of the state, which originates from the classical theory of coordination of wills, and at the same time makes a number of assumptions or explanations which could answer questions about contingencies in formation of international legal norms. Relying on the materials of the book edited by I. Venzke and K.J. Heller the article provides outlook on questions about chance and regularities in determining the content of international law, about role of context in the creation and development of international law, about the sovereign wills and role of contingencies and extra-legal factors in the concept of international legal policy.DISCUSSION AND CONCLUSIONS. In contrast to the theory of coordination of wills, which is based on strict positivist grounds, the concept of the international legal policy of State assumes influence of extra-legal factors for arrangement of international legal argumentation of States. For example, the problem of context is of great importance in determining the possibility of legitimizing certain international legal positions of State. The arguments of States as such with references to norms of international law remain fruitless outside certain context (including present content of international law, current state of international relations, topics on the international agenda). This is because legitimated legal norms fix the current results of coordination of wills among States, which depend on interaction of legal and nonlegal factors. But it is also important to understand limits of assumptions about impact of certain factors on the content of international law. So, on the one hand, the role of context should not be overestimated, since international law does not succumb to conjuncture, but develops consistently. At the same time, by studying international legal policies of States, one should avoid false determinism. It poses the risk to trace a wrong strategic line of State's legal arguments with over-shadowing ‘irrelevant’ facts. Thus, questions that open perspectives on seemingly solved problems make it possible to develop established doctrinal ideas in a new direction. However, it is necessary to take into account methodological limits of new assumptions for consistent development of contemporary national discipline of international law.

mentioning

confidence: 99%

Role of Contingency in Formation of International Law

Magomedova

2023

International Law Issues Concerning Marine Environment Protection in the Arctic

Sorokina

2024

INTRODUCTION. The Arctic is a unique marine and terrestrial ecosystem. However, the Arctic region is currently experiencing enormous environmental stress. This is due to the following factors. The ﬁrst factor is the ongoing climate change on the planet as a whole, which is most clearly seen in the Arctic. Researchers claim that some species of ﬂora and fauna are threatened with extinction. For example, the polar bear, the largest specie in the Arctic trophic chain, is currently experiencing great diﬃculties in ﬁnding food due to the abundant melting of glaciers and, as a result, the reduction of its habitat. Global warming is also causing changes in habitats and migration routes not only for Arctic species, but also for other species that have never climbed so high to the north. Nowadays, local ﬁshermen sometimes catch species of ﬁsh that have never been seen in Arctic waters before. Cases of Paciﬁc salmon entering the Atlantic Ocean through the Arctic seas have also been recorded. There is another problem related to the climate factor. For many years, a huge amount of toxic waste has been stored in the Arctic coastal areas. Due to the melting of permafrost, pollutants enter the marine ecosystem, accumulate in marine biota and as a result end up on our table. The second factor is the increased anthropogenic impact due to both climate change and the Arctic political strategies of several states at once. The development of the Northern Sea Route (NSR), the increase in the intensity of navigation, exploration and extraction of natural resources, construction of infrastructure facilities and other human activities have a negative impact on the environment. The Arctic ecosystem is facing an increase in production and consumption waste [Kallenborn, Brorstrom-Lunden, Reiersen, Wilson 2018:33001; Jaskolski, Pawlowski, Strzelecki, Zagorski, Lane 2018:2011], noise [Quijano, Hannay, Austin 2019:1228; Stevenson, Davies, Huntington, Sheard 2019:83; Kyhn, Sveegaard, Tougaard 2014:424], light [Ludvigsen, Berge, Geoﬀroy, Cohen, De La Torre, Nornes, Singh, Sorensen, Daase, Johnsen 2018; Bennie, Duﬀy, Davies, Correa-Cano, Gaston 2015:2715], vibration, temperature, chemical and biological pollution. The risk of man-made accidents and catastrophes increases, which can lead to even more dangerous consequences.MATERIALS AND METHODS. We have studied and analyzed international agreements and other documents on the protection of the Arctic marine environment. The texts of these documents were taken for analysis on the oﬃcial pages on the Internet. Such resources include, for example, the oﬃcial website of the United Nations Organization (UN), the International Maritime Organization (IMO), etc. Work with Russian legal acts included access to such portals as the oﬃcial website of the Government of the Russian Federation, the Administration of the Northern Sea Route, the ConsultantPlus Legal Reference System, etc. The international documents were divided into groups, which are presented in a separate table. This made it possible to structure the work, avoid long lists in the text and focus on the most important aspects of the topic under consideration. The research is also based on published works of experts in the ﬁeld of International law, law of the sea, environmental law, political science, environmental science and other ﬁelds of knowledge. Web of Science (webofknowledge. com), Russian scientiﬁc electronic library (elibrary. ru), Researchgate (researchgate.net) and other systems became the resources for working with literature. The author also studied law enforcement practice, trends in the development of scientiﬁc research in the region, as well as some political processes that are somehow related to the modern legal regulation of marine environment protection in the Arctic. The term “Arctic states” is used in this article as it is given in the [Vylegzhanin 2013]. The term “coastal States” is used in this article as it is given in the 1982 UN Convention on the Law of the Sea.RESEARCH RESULTS. As a result of ongoing climate changes on the planet, as well as due to increased anthropogenic pressure on the region, the fragile ecosystem of the Arctic is currently subject to various types of pollution (noise, vibration, light, radioactive, various types of waste, etc.) and degradation. Both scientists and politicians pay attention to this. We have analyzed the existing international and national norms, regulating relations for the protection of the Arctic marine environment. For these purposes, international documents, depending on the range of regulated issues, were divided into ﬁve groups: 1) general; 2) special; 3) agreements regulating liability and compensation issues; 4) environmental agreements that indirectly regulate the protection of the marine environment; 5) Arctic documents. It is determined that the 1982 UN Convention on the Law of the Sea (hereinaﬅer referred to as the Convention of 1982) is one of the main “general” agreements, which not only establishes the obligations of participating countries to protect the marine environment, but also provides coastal states with special environmental requirements in ice–covered areas, including the Arctic Ocean. In this regard, the Russian Federation has undertaken an obligation to regulate navigation in the waters of the Northern Sea Route (hereinaﬅer – the NSR) for the purposes of environmental protection and prevention of pollution from ships.The issue of the need to develop and sign a separate agreement on the Arctic was also considered by the author, and the conclusion was formulated that there is no need and objective possibility of implementing such an initiative, especially in the current political situation in the world. The author notes that all specialized international Arctic documents have an ecocentric focus, which meets the intentions of the Arctic states, including Russia, to continue the development and development of Arctic territories and waters with mandatory compliance with modern environmental requirements. In this regard, the development of scientiﬁc research in the Arctic and the improvement of the best existing environmental technologies are of particular importance. The 2017 Agreement on Strengthening International Arctic Scientiﬁc Cooperation is designed to promote the development of joint research and information exchange. However, in light of the suspension of scientiﬁc and technical cooperation between the Russian Federation and other Arctic states, we cannot consider its eﬀectiveness today.DISCUSSSION AND CONCLUSIONS. There is a large number of documents regulating the protection of the Arctic marine environment, which have been developed at the international level. The Arctic ecosystem needs special protection because of its vulnerability. The ongoing climate change and melting of glaciers have led to an increase in anthropogenic pressure on the region. At the same time, it is known that any human activity has a negative impact on the state of the environment. Despite the existence of a large number of international and national documents on the protection of the Arctic marine environment, many issues have not yet been resolved. Today we face the need to ﬁll in the existing gaps. However, the development of regulatory documents should be based on the results of scientiﬁc research in various ﬁelds of knowledge. This will ensure the validity of the decisions made. The Arctic is subject to international regulation, and the fragile Arctic environment is also protected internationally. The Arctic region diﬀers from the Antarctic: the Antarctic Treaty eﬀectively freezes territorial claims to the South Pole and allows states to protect the environment. The land part of the Arctic belongs to eight Arctic states. Therefore, international cooperation in the Arctic region faces many challenges, and the norms of nternational law, such as the 1982 UN Convention on the Law of the Sea, are necessary to resolve emerging disputes.

International Legal Issues in the Conservation of Marine Genetic Resources

Sotskova

2024

INTRODUCTION. Nowadays the issues concerning conservation of marine biological diversity become important for the community of States in the light of the expansion of the scale of economic activity in marine spaces and of the opportunities of using such resources. At the universal contractual level an answer was proposed to a number of questions that have arisen in this area: on March 4, 2023, the text of the Agreement (under the 1982 United Nations Convention on the Law of the Sea) with a long title: “on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction” was ﬁnalized. It is predicted that the entry into force of this Agreement in the future will create a multilateral legal basis for conservation of biological diversity on the high seas, with the orderly use of its biological resources, to protect such diversity based on the principle of cooperation between States.The purpose of the article is to analyze the legal regime of marine genetic resources conservation based on the text of this Agreement.MATERIALS AND METHODS. The subject of this study comprises international treaties, international customs, general principles of international law and other sources of international law related to conservation of marine biodiversity in general. The methodological basis of the research is represented by a wide range of research methods, namely: formal-legal, comparative-legal, historical-legal and system-structural methods. In addition, the author applied the methods of analysis and generalization.RESEARCH RESULTS. The article presents a comprehensive analysis of the international legal regime of marine genetic resources based on the provisions of the Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. The author considers the history of the development of the draﬅ Agreement, analyzes its main provisions, and pays special attention to its innovative legal mechanisms.The author proposes their assessment of the content of the draﬅ Agreement as a universal legal basis for the conservation of marine biological diversity, and suggests some options for strengthening international cooperation in this area.DISCUSSION AND CONCLUSIONS. As a result of the study, it can be stated that the draﬅ Agreement, prepared over many years of negotiations and published in March 2023, is a signiﬁcant political and legal achievement of a universal level in the ﬁeld of marine biodiversity conservation. At the same time, one can not fail to note the rather general nature of this document, as well as the fact that the entry into force of the Agreement may also require considerable time: objectively, the interests of developed and developing countries in this area are not always close; moreover, each State party to the Agreement accepts the obligation, among other things, that the use of marine natural resources should be linked to the obligation to protect marine environment, and this is always sensitive: a number of developed countries, as is known, under the pretext of economic concern, impose on developing States “green” products of their enterprises, which exacerbates the gap between developed and developing States.That is why the author comes to the conclusion that the international community, along with the development of a universal international treaty, could take the path of developing regional agreements to clarify such a legal regime, which would also contribute to the strengthening of the legal regime for biodiversity conservation at the universal level.