CYIL 2014

104

JAN ONDŘEJ

CYIL 5 ȍ2014Ȏ

3.1 Delineation of the sea boundaries in the Arctic

Each of the

five coastal states

in the Arctic Ocean introduced its own legislation

for the implementation of the UN Convention on the Law of the Sea in respect

to the baselines and particular sea zones. This national legislation was adopted in

1994, when the UN Convention on the Law of the Sea of 1982 came into force. For

example, the Russian Federation adopted a series of federal laws applied to the Arctic,

including the Federal Law on the Continental Shelf of the Russian Federation of 1995

and the Federal Law on the Exclusive Economic Zone of the Russian Federation of

1998. In so far as the USA is concerned, it announced the borders of its exclusive

economic zone, including those off the coast of Alaska in 1995. The Presidential

Directive of the US President of 2009 drafted the policy of the USA in the Arctic. It

is worth noticing that this document referring to its Arctic policy calls for adoption

of the UN Convention on the Law of the Sea by the United States.

The states define separate sea areas by their unilateral acts. National legislation,

however, should be in agreement with the rules of the international law of the sea.

The zones delineated by individual states can overlap and conflicts may arise. This

refers particularly to states that lie opposite each other or to neighbouring states.

The UN Convention on the Law of the Sea presupposes that the states will come

to an agreement about the delimitation of the individual sea zones. It can be said

that the process of harmonization of national legislation with the rules of the UN

Convention on the Law of the Sea of 1982 and other treaties in the Arctic has not

been completed yet.

The issue of delimitation with respect to the Arctic Ocean may arise especially

in relationship with the exclusive economic zone and the continental shelf. Several

bilateral treaties were concluded in relation to the delimitation of the

exclusive economic

zone

. However, several unresolved cases of border dispute remain where agreement was

not reached. According to the Communication from the Commission to the European

Parliament of 2008, some unresolved questions remain between the USA and Russia

in the Bering Strait, and between the USA and Canada in the Beaufort Sea, or the

dispute between Canada and Denmark about Hans Island. Above all, Norway and

several countries, including some member states of the European Union, interpret the

Svalbard (Spitsbergen) Treaty 200 mile zone around the archipelago in different ways.

Also unresolved is the

delimitation of the continental shelf

in the Arctic Ocean,

where the overlapping of individual states occurs. The Communication from the

European Commission considers the dispute between Russia and Norway in the

Barents Sea unresolved. However, the Treaty on

maritime delimitation and cooperation

in the Barents Sea

and the Arctic Ocean

between Norway and the Russian Federation

Ibid.

, p. 628.

Ibid.

, p. 629.

Ibid.

, p. 629.

Treaty between the Kingdom of Norway and the Russian Federation concerning Maritime Delimitation

and Cooperation in the Barents Sea and the Arctic Ocean,

available at:

http://www.eu-norway.org/