Back to the USSR: The Consequences of the 1965 Soviet Decree No. 331-112 “On the Procedure for Navigation of Foreign Ships in the Straits Along the Track of the Northern Sea Route” on Today’s Navigation Through the Russian Arctic Straits

Abstract

This article analyzes the consequences of the recently declassified Soviet decree No. 331-112 of 27 April 1965 that established, inter alia, the status of the Soviet Arctic straits along the Northern Sea Route with respect to warships’ right of innocent passage. This article argues that the decree, read in conjunction with Article 5.2 of the 1958 Convention on the Territorial Sea and Contiguous Zone and Article 8.2 of the United Nations Convention on the Law of the Sea, establishes a right of innocent passage through the majority of the Russian Arctic straits, which warships can enjoy. Furthermore, this article asserts that the decree calls into question the existence of a customary regime regulating navigation through the Arctic straits.