Straits in the Russian Arctic

The issues surrounding the regimes of international straits, noninternational straits, and ice-covered areas are analyzed for the purpose of looking at Russian practices in its Arctic straits. It is concluded that the Russian practice exceeds that permitted to states bordering straits under the traditional regime for straits. Nevertheless, viewing the U.S. practice as a coastal state, as well as the coastal state practice of Canada, substantial similarities are found with the Russian practice. Conflicting claims and practices result in a confused Arctic legal regime. An international conference is recommended to discuss and perhaps settle the issues.     

Politics,Pride, and Precedent: The United States and Canada in the Northwest Passage

The issue of the status of the Northwest Passage has ebbed and flowed in U.S.-Canada relations for decades, but the effect of global warming in the Arctic has moved this issue from the largely academic and legalistic realms to the forefront of bilateral (and international) relations. Intimately linked to Canadian nationalism, U.S. adherence to the doctrine of freedom of the seas, and to politics in both nations, the opposing positions held by the two states can no longer afford to be implacably held. Rather, it is time to put pride and politics aside and return to the “special relationship” between Canada and the United States in order to effect meaningful and mutually beneficial continental security.     

Canada and Arctic Politics: The Continental Shelf Extension

This article challenges the validity of the commonly held assumption that Canada and other Arctic countries are engaged in a highly competitive scramble to stake claims for extensions to their continental shelves beyond 200 nautical miles, and that Canada may lose out because it is lagging behind in this race to claim as many seabed resources as possible. It argues that the process is orderly; that, under international law, Canada already has sovereign rights over the continental shelf beyond 200 nautical miles; that the process is generally characterized by cooperation; and that the timing of various countries’ submissions to the Commission on the Limits of the Continental Shelf will not be a key determinant of success.     

The Outer Continental Shelf of Coastal States and the Common Heritage of Mankind

The establishment of the outer limits of the continental shelf not only involves the rights and interests of coastal states, but also the interests of the international community as a whole. This article examines this balance between coastal states’ assertions of their outer continental shelf limits and the common heritage of mankind.     

Cumaceans as Indicators of Atlantic Waters over the Continental Slope of the Arctic Ocean

The material on cumacean fauna of the continental slope of the Arctic Ocean (more than 80 samples) was collected during expeditions with the ships Persei in 1925, 1928, and 1936; Sadko in 1936; and Polarstern in 1990, 1993, and 1995. Examination of the samples (150–900 m depth) revealed 19 species of Cumacea in this region. Three Arcto-Atlantic bathyal species (Hemilamprops uniplicatus, Diastylis echinata, Campylaspis globosa) are markers of the places over the continental slope where Atlantic intermediate waters penetrate into the Arctic Ocean and reach to the bottom. These species are widespread in the North Atlantic (100 to 2882 m depth); on the continental slope of the Arctic Ocean, they occur in a narrow depth range (200 to 900 m) in areas where positive temperatures from 0.09 to 1.78°C and high salinity of 34.75 to 34.87 prevail. The locations of these species is delineated on maps as an interrupted belt extending from northeastern Greenland to the East Siberian Sea and further north up to 79°30 N and 148° E, which corresponds to the route of penetration of Atlantic intermediate waters into the Arctic Ocean.     

Arctic quaternary ostracods and their use in paleoreconstructions

The paper deals with original and published data on fossil ostracodal assemblages from the Eurasian Arctic Kara, Laptev and Chuckchi seas. As a whole, six ecologically different assemblages were distinguished (freshwater, brackish water, marine of the inner, middle and outer shelves and upper continental slope), they replace each other upcore reflecting a gradual increase in water depth and distance from the coast. These assemblages are stable in the entire Arctic region and can be used for interpretation of environments in different Arctic areas.     

Distribution patterns and chorological analysis of fish fauna of the Arctic Region

Chorological structure of ichthyofauna of the Arctic Region is described. Distribution patterns of 504 fish-like vertebrates and fish species are characterized. One hundred and eighty-nine range types are defined, which are combined into eight main categories: 1—Arctic; 2—Atlantic-Arctic; 3—transitional subarctic zone of Atlantic sector; 4—Pacific-Arctic; 5—transitional subarctic subarctic zone of Pacific sector, 6—Pacific-Atlantic (amphiboreal); 7—bipolar; 8—continental (fresh and brackish waters). Arctic and boreal regions are bordered by transitional (subarctic) zones, which are the areas of intermutual penetration of faunas. The distribution of most fish species that penetrate into to the Arctic Region from the southern areas is limited by these transitional zones. The benthic fish species prevail in the group of autochthonous Arctic species (which includes 64 species or 14% of marine fauna). The demersal fauna of the Arctic preudoabyssal is presented by endemic species. Ten variations of amphiboreal distribution patterns are revealed. Three areas may be defined within the Atlantic-subarctic zone in regard to the fish fauna and range types, i.e., Labrador-Greenland region, the Barents Sea region, and Icelandic (transitional) region.     

The Svalbard Continental Shelf Controversy: Legal Disputes and Political Rivalries

Norway's claim to exclusive rights over the continental shelf surrounding the former terra nullius Arctic archipelago of Svalbard is controversial, with the unclear scope of the Svalbard Treaty recognized as “a main challenge” by Norway's parliament. This article explores the nature of this challenge by: (1) giving an account of the legal basis of the conflict; (2) analyzing its political context, and (3) discussing the contemporary judicial and political processes which may or may not resolve the conflict. This article concludes that the issue seems to escape judicial settlement, rendering the controversy a matter of international politics. With the world's eyes increasingly on the petroleum resources of the Arctic, a clarification over the legal status of the Svalbard shelf is not in sight.     

Leptostraca,Mysidacea, Isopoda,and Decapoda (Anomura) (Crustacea,Malacostraca) of the Chukchi Sea and Adjacent Waters: Hydrological Regime and Species Composition

The hydrological regime of the region is briefly outlined. The distribution of waters of Arctic and Pacific origin is discussed. Based on the original and literature data, it has been found that 73 species of the investigated orders occur in the northern part of the Bering Sea, in the Chukchi and East Siberian seas, and in the adjoining areas of the continental slope of the Arctic basin at depths down to 500 m. These are 1 leptostracan species, 11 anomurans, 22 mysids, and 39 free-living isopods. The distribution of these species by depth and in relation to the thermal and salinity characteristics of waters is analyzed.     

Chile's Presential sea proposal: Implications for straddling stocks and the international law of fisheries

Abstract

Despite rapid evolution in international fisheries law and establishment of the exclusive economic zone (EEZ), straddling stocks still remain susceptible to heavy harvesting in high seas areas by distant‐water fishing states there by undermining coastal state management. The notion mar presencial (presential sea) has recently been proposed by Chile as a solution for the problem of straddling stocks. The presential sea concept was nationally designed and promoted to curtail such foreign fishing in areas adjacent to Chile's EEZ. This article examines the presential sea as a geostrategic concept, its justification for being, and the question of its permissibility under contemporary international fisheries law. Attention is also given to recent international developments that challenge the legal viability of the presential sea concept. The authors conclude that if this concept were to be widely adopted by coastal states, the traditional freedom to fish on the high seas might be severely compromised. The preferable legal solution is to work within the parameters set out by the 1982 UN Convention on the Law of the Sea, more particularly through bilateral negotiations between coastal states and fishing states, as well as regional fishery commissions that could manage activities in the region.     

Governing the Barents Sea Region: Current Status,Emerging Issues,and Future Options

The Barents Sea is an ecopolitical region bounded on the south by the north coasts of Norway and Russia, on the east by the 38th meridian, on the north by the Central Arctic Ocean, and on the west by the boundary of the Svalbard Fishery Protection Zone. The fact that much of this region has been largely ice free in modern times differentiates it from the rest of the maritime Arctic and has drawn the attention of both resource users and policymakers to the region. Norway and Russia, the key players in the Barents Sea Region, have developed a cooperative relationship in managing the shared natural resources of the region. Nevertheless, other states have interests in the region. Issues of governance in the Barents Sea Region involve growing needs for improved mechanisms to address the interplay among various elements of the complex of sectoral regimes applicable to the region and for agility in responding to rapid changes in the biophysical and socioeconomic conditions prevailing in the region.     

The Arctic Waters and the Northwest Passage: A Final Revisit

Climate change has reduced the extent and thickness of sea ice in the Arctic, making international shipping in the Northwest Passage a virtual certainty in the foreseeable future. Such future shipping raises the question of whether the Passage is or might become an international strait, with the consequent right of transit passage. This article examines the two possible legal bases for Canada's claim that the waters of the Canadian Arctic Archipelago are internal waters: a historic title and straight baselines. It also addresses the issue of the possible internationalization of the Passage, if Canada does not take preventive measures. Some such measures are recommended in the last part of the article.     

Biology of the Greenland shark Somniosus microcephalus

Greenland shark Somniosus microcephalus is a potentially important yet poorly studied cold-water species inhabiting the North Atlantic and Arctic Oceans. Broad-scale changes in the Arctic ecosystem as a consequence of climate change have led to increased attention on trophic dynamics and the role of potential apex predators such as S. microcephalus in the structure of Arctic marine food webs. Although Nordic and Inuit populations have caught S. microcephalus for centuries, the species is of limited commercial interest among modern industrial fisheries. Here, the limited historical information available on S. microcephalus occurrence and ecology is reviewed and new catch, biological and life-history information from the Arctic and North Atlantic Ocean region is provided. Given the considerable by-catch rates in high North Atlantic Ocean latitudes it is suggested that S. microcephalus is an abundant predator that plays an important, yet unrecognized, role in Arctic marine ecosystems. Slow growth and large pup sizes, however, may make S. microcephalus vulnerable to increased fishing pressure in a warming Arctic environment.     

Regulating Shipping in the Arctic Ocean: An Analysis of State Practice

The United Nations Convention on the Law of the Sea (LOSC) permits state parties to establish an Exclusive Economic Zone (EEZ) 200 nautical miles from their coast. Coastal states have exclusive jurisdiction over resources within the EEZ, but navigational and other high seas freedoms continue to exist. A significant number of states have, however, enacted legislation that departs from the LOSC, interfering with the navigational rights and freedoms of other states. This article analzses this development with a specific focus on the Arctic. It investigates the powers of Arctic coastal states to regulate shipping in the EEZ and thereby navigation in the Arctic Ocean. It adds to the existing literature by providing an analysis of state practice, suggesting that despite uncertainty concerning the interpretation of the LOSC Article 234 and the right to exercise legislative jurisdiction over ice-covered waters, a not insignificant number of states have claimed jurisdiction in their own EEZ beyond the rights granted in the LOSC, and are therefore not in a position to object to extensive jurisdictional claims in the Arctic.     

Spatial heterogeneity of the species composition of a clavarioid fungi’s compex in the Eurasian Arctic

Using the example of a model group of macromycete (clavarioid fungi), a large-scale investigation into the mycological complex of the Eurasian Arctic is conducted. The species composition of clavarioid fungi’s complex is revealed in all longitudinal sectors and latitudinal subzones, and a comparative analysis is carried out. It has been determined that, among groups of aphyllophoroid fungi, the clavarioid life form is the most adapted to the extremally psychrophilic conditions of the Arctic. It is shown that the near-oceanic sectors are the richest, whereas the continental sectors are much poorer. The distribution of the species composition of fungi conforms to the similar distribution of flowering plants, especially hemicryptophytes. The average annual quantity of atmospheric precipitation is the leading climatic factor. The differences make it possible to subdivide the Eurasian Arctic into four mycogeographical regions: Atlantic (European), Siberian, Chukotian (Beringian), and High Arctic.     

International Straits and Trans-Arctic Navigation

The Arctic Ocean is increasingly becoming accessible to international shipping as a result of the reduction in Arctic sea ice. Commercial shipping may seek to transit the Arctic Ocean from either the Pacific or Atlantic Ocean and, as a result, the legal regime of straits has significance for trans-Arctic navigation. In this article, current developments in Arctic shipping are assessed and consideration is given to certain Arctic straits that could prove to be pivotal in future Arctic navigation and shipping. These straits include the Bering Strait, Nares Strait, Davis Strait, Fram Strait, and Denmark Strait.     

Coastal States in the South China Sea and Submissions on the Outer Limits of the Continental Shelf

The purpose of this article is to examine the outer continental shelf submissions made by the coastal states of the South China Sea and their potential impact on legal and political developments in the South China Sea. In accordance with the United Nations Convention on the Law of the Sea of 1982 and the guidelines of the Commission on the Limits of the Continental Shelf, coastal states are to establish the outer limits of their continental shelf where it extends beyond 200 nautical miles. Meeting this obligation is complicated in enclosed or semienclosed seas where there are maritime disputes such as in the South China Sea.     

The Legal Status of the Russian Baselines in the Arctic

The validity under international law of the straight baselines the Soviet Union established in the Arctic and that Russia maintains are examined. For the purpose of comparison with the Russian regime, the issues surrounding the international regimes of baselines are analyzed. The results are then compared, as well as the practice of the main opponent with navigational interests in the area, the United States. It is found that while many of the enclosures fail the traditional criteria for establishing straight baselines and basepoints as well as the traditional criteria for enclosing bays, due to the moderate degree of deviation, largely unopposed by other states, the Russian practice cannot be said to be inconsistent with international law. At the same time, although the waters enclosed can be claimed as internal waters under the Anglo-Norwegian Fisheries Case , Article 5(1) of the 1958 Convention on the Territorial Sea and the Contiguous Zone (TSC), and Article 8(1) of the 1982 United Nations Convention on the Law of the Sea (1982 Convention), they are still subject to TSC Article 5(2) and 1982 Convention Article 8(2). If the waters enclosed thus could not previously have been considered as internal waters, the right of innocent passage exists.     

Relationships of Palearctic and Nearctic 'glacial relict' Myoxocephalus sculpins from mitochondrial DNA data

The relationships among Myoxocephalus quadricornis complex fish from Arctic coastal waters and from 'glacial relict' populations in Nearctic and Palearctic postglacial lakes were assessed using mtDNA sequence data (1978 bp). A principal phylogeographical split separated the North American continental deepwater sculpin (M. q. thompsonii) from a lineage of the Arctic marine and North European landlocked populations of the fourhorn sculpin (M. q. quadricornis). The North American continental invasion took place several glaciation cycles ago in the Early-to-Middle Pleistocene (0.9% sequence divergence); the divergence of the European and Arctic populations was somewhat later (0.5% divergence). The Nearctic-Palearctic freshwater vicariance in Myoxocephalus, however, appears clearly younger than in similarly distributed 'glacial relict' crustacean taxa; the phylogeographical structure is more similar to that in other northern Holarctic freshwater fish complexes.