About the systematization of legal regulation of the Arctic space

Abstract

Despite the existence of a developed regulatory framework that enshrines the legal status of the Arctic spaces in the Russian Federation and other Arctic countries, the law enforcement practices of states, there are a number of problems that appear in the process of exercising the rights to research and use natural resources and recognizing state sovereignty on land and water space, including ice, in the Arctic space. One of the factors creating, including changes in living space for the realization of the rights of indigenous peoples of the Arctics region, is the interest of companies and the state in the development of Arctics resources.The combination of conditions such as an increase in the geopolitical and economic interests of states in the development of the Arctics resources, the presence of problems of increasing ensuring the sustainable development of the Arctics region leads to the need to develop a unified systemic codified act fixing the mechanisms for exercising rights to use the Arctics territories and assigning responsibility to the state and its structures to ensure preservation of the natural uniqueness of the region. Harmonized legal regulation is based, in particular, on the propositions of the UN Convention on the law of the sea of 1982 [1], including judicial practice and laws of the Arctic countries, as well as international and national laws on representatives of indigenous peoples of the Arctic [2], [3]. Arctic States have a special responsibility, including for ensuring the rights of indigenous peoples of the Arctics territories [4]. The development of Arctics area resources by resource-producing companies, on the one hand, is a factor that develops the economy of regions with a small population density and a small infrastructure, and on the other hand, creates threats to the unique ecosystem and, accordingly, affects the life and traditional way of managing the indigenous Arctics population. In a single balanced legal act, the rights of indigenous peoples of the Arctics should be given considerable attention. The need to secure political, economic and social rights, balance the interests of the state, the indigenous peoples of the Arctic, and effective economic activity of the Federal subjects and local self-government bodies, and production resource companies requires the development of a unified coordinated approach to the legal regulation of relations in the Arctics space.