ADVANCES IN POLAR SCIENCE ›› 2014, Vol. 26 ›› Issue (2): 268-275.DOI: 10.13679/j.jdyj.2014.2.268

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FROM MANDATORY ICEBREAKER GUIDING TO A PERMIT REGIME: CHANGES TO THE NORTHERN SEA ROUTE  IN NEW RUSSIAN LAW

Zhang Xia1,Tu Jingfang1,Qian Zongqi2,Wang Zelin3,Yang Huigen1   

  1. 1Polar Research Institute of China, Shanghai 200136, China; 2Shanghai Institutes for International Studies, Shanghai 200233, China; 3Northwest University of Politics and Law, Xi’an 710063, China
  • Received:2013-04-25 Revised:2013-11-06 Online:2014-06-30 Published:2014-06-30

Abstract: This article focuses on two issues,which is the definition of Northern Sea Route (NSR) and rules of icebreaker guiding. Comparing the Russia legal provisions enacted in 2013 with relevant the old ones, the conclusions based on comprehensive analysis as follow: (1) In the level of legal analysis, Russia’s view on NSR being the historically emerged national transportation routes of Russia has not changed. But new law redefine the scope of NSR, which comprise and consistent with the internal waters, territorial sea, adjacent zone and exclusive economic zone of the Russia Federation. In fact, it removes ambiguity about the boundary of NSR extended to the high sea. (2) In the level of rules analysis, it develop into permit regime from mandatory Icebreaker guiding regime, especially giving the concrete, practical and predictable clause of independent navigation permissible or impermissible conditions. It is possible to foreign ships independent navigation in the N SR according with the new rules. Hence, the Russian policy of NSR appeared massive change, and it has further tendency in opening NSR to the international community.

Key words: Northern Sea Route, law, exclusive economic zone, mandatory icebreaker guiding, pilotage, permit regime