From mandatory icebreaker guiding to a permission regime:changes to the new Russian legislation of the Northern Sea Route

Abstract

This article focuses on two issues. The first concerns definitions of the Northern Sea Route (NSR) in old and newRussian legislation, and the second relates to Russian rules on icebreaker guiding. Based on a comprehensive comparative analysisof relevant Russian legal provisions enacted in 2013 and previous laws in this area, we offer the following conclusions. (1) Ourlegal analysis indicates that Russia’s view of the NSR as a historical national transportation route has not changed. However, thenew law redefines the scope and coverage of the NSR, which now comprises the internal waters, territorial sea, adjacent zone,and the exclusive economic zone of the Russian Federation. In fact, the new law resolves previous ambiguity regarding extensionof the NSR boundary to the high seas. (2) Based on an analysis of the new rules on icebreaker guiding, the article concludes thatNSR is transitioning from a mandatory icebreaker guiding regime into a permit regime. This is particularly evident in its provisionof a concrete, practical, and predictable clause on permissible or impermissible conditions relating to independent navigation.According to the new rules, it is possible for foreign ships to undertake independent navigation in the NSR. The Russian NSRpolicy, therefore, appears to have changed significantly, and has future potential for opening the NSR up to the internationalcommunity.