The Russia-USA legal dispute over the straits of the Northern Sea Route and similar case of the Northwest Passage

Abstract

UDC [341+327](47+73)(045) DOI: 10.17238/issn2221-2698.2017.29.74 The Russia-USA legal dispute over the straits of the Northern Sea Route and similar case of the Northwest Passage © Andrey А. Todorov, Cand. Sci. (Law). E-mail: atodorov85@gmail.com Moscow State Linguistic University, Moscow, Russia. Abstract. This article examines the legal status of the Northern Sea Route (NSR), which has been a subject of dispute between the Soviet Union\Russia and the United States for over fifty years. The main legal issue of the analysis is the question whether straits of the Northern Sea Route are international, where the freedom of navigation applies, or whether the straits are internal waters of Russia and they are subjected to national rules of navigation. The case of the Northern Sea Route straits is considered from a historical perspective and with references to relevant provisions of the contemporary international law of the sea. A similar dispute between Canada and the USA over the Northwest Passage is assessed as well. The author concludes that the USA has a disadvantageous position in the disputes due to difficulties in proving that both routes can meet necessary criteria for international straits developed by the international law. So far, the debate on legal status of the NSR waters is more of theoretical nature and has no practical implications. However, the situation might change with the Arctic sea ice melting and Russia planning to use the NSR on a much larger international scale.