Legal issues and prospects for delimitation of continental shelf in the Arctic

Abstract

This article is dedicated to the relevant problem of delimitation of the Arctic territories. There are currently several different approaches towards this question, but the effective one is the mechanism proposed by the United Nations Convention on the Law of the Sea. The absence of consensus on delimitation of continental shelf is substantiated by the intersection of interests of the countries in the Arctic region and strategically crucial consequences of dividing the Arctic: this is the matter of national security, geopolitical supremacy, increase of economic potential, energy and environmental security. The goal of this research consists in the analysis of recent achievements and prospects for delimitation of continental shelf. The subject of this article is the problems of delimitation of the jurisdiction of countries in the Arctic region. Methodological framework is comprised of the chronological method and method of analysis. The conclusion is made that the definition of state boundaries in the Arctic is a long process; since the decisions of the Commission on the Limits of the Continental Shelf is of advisory nature, it may lead to the disputes between the countries over the rendered decisions. It should be noted that international law has the essential mechanisms and means for the peaceful delimitation of maritime boundaries in Arctic waters. The author believes that the final definition of boundaries in the Arctic would be achieved through the compromise between the polar countries, and thus signing bilateral agreements without relying on recommendations of the Commission. It is underlined that the conventional principle of delimitation of boundaries in the Arctic Ocean does not meet the national interests of the Arctic Five, and requires a different approach due to the peculiarities of the ocean. The scientific novelty lies in the analysis of existing principles, instruments and problems of delimitation of boundaries in the Arctic, as well as in conclusions formulated by the author. The solution to the outlined problems can become the preservation of the international seabed within the framework of the concept common heritage of mankind in the area of the Gakkel Ridge, and in the area of Lomonosov Ridge delineation by the sectoral principle.