CYIL Vol. 5, 2014

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 34 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. 35 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. 36 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 37 between Norway and the Russian Federation

34 Ibid. , p. 628. 35 Ibid. , p. 629. 36 Ibid. , p. 629.

37 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/

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