Abstract
This study aims to explore how the regulatory process is shaped under the influence of interaction between the regulator and the most powerful actors involved. It presents an overview of the historical development of cargo shipping regulation in the Russian Arctic during 2001–2018 to illustrate key events that have influenced the existing legislation. Data from 22 semi-structured interviews and archival materials are interpreted through the institutional logics approach.
The study reveals how strategic actions, including lobbying and information manipulation, by most powerful actors affect regulation, political initiatives, and commercial outcomes. The findings further reveal how contextual and institutional circumstances make business companies reconsider their core competencies and supply chain practices by seeking to prevent the regulatory burden that results in non-compliance. Distortions between the interest groups’ expected benefits and political initiatives caused a change in the existing legislation and shipping traffic in the Russian Arctic. The study provides an understanding of how regulation is shaped as a co-produced process due to interactions between the regulator and all the players involved and how it changes during implementation in practice.
Future research should include the influence of external agents like international law on regulation of cargo shipping in the Russian Arctic.
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Appendices
Appendices
1.1 Appendix 1: List of Organizations Participated in Interviewing
# | Organizations | Periods and number of interviews | ||
|---|---|---|---|---|
May 2014 | November 2014 | May 2015 | ||
1 | Transport branch of MMC “Norilsk Nickel” in Murmansk | 4 | 2 | |
2 | Murmansk shipping company (MSCO) | 1 | ||
3 | Government of the Murmansk region | 3 | ||
4 | Federal Assembly of the Russian Federation | 1 | ||
5 | Northern Sea Route Information Office (Murmansk) created by Center for High North Logistics (Kirkenes) | 2 | 1 | 1 |
6 | NPO Association “Murmanshelf” – Association of suppliers for oil-and-gas industry | 1 | ||
7 | Federal State Institution Administration of Murmansk seaport | 1 | ||
8 | Lusin Institute for Economic Studies of Kola Science Centre of the Russian Academy of Sciences (Apatity town) | 1 | ||
9 | Central Scientific Research and Design Institute of the Marine Fleet – CNIIMF in St. Petersburg; Laboratory of Icebreaking technologies and ice performance of ships | 1 | 1 | |
10 | Akvaplan Niva AS (Tromsø) | 1 | ||
11 | FSUE “Rosatomflot” | 1 | ||
Total amount of interviews per month: | 10 | 9 | 3 | |
Total amount of interviews: | 22 | |||
1.2 Appendix 2: The Russian Legislation of Shipping on the Water Area of the NSR Used for Data Collection
The title of the Law | Reference in the text |
|---|---|
Federal Law No. 132-FZ dated July 28, 2012 “On Amendments to Specific Legislative Acts of the Russian Federation related to Governmental Regulation of Merchant Shipping in the Water Area of the Northern Sea Route” | NSR Law, 2012 |
Federal Law No.147-FZ dated August 17, 1995 “On Natural Monopolies” | Law #147-FZ, 1995 |
Order #45-T/1 dated March 04, 2014 “On approval of the tariff rates for provision of icebreaking pilotage services provided by the FSUE «Atomflot» on the Northern Sea Route water area” Published: 09.04.2014 at http://www.rg.ru/2014/04/09/suda-dok.html | |
Federal Law No. 81-FZ dated April 30, 1999 “The Merchant Shipping Code of the Russian Federation” | |
Federal Law No. 155-FZ dated July 31, 1998 “On Inland Sea Waters, Territorial Sea and Contiguous Zone of the Russian Federation” | Law #155-FZ, 1998 |
Permissions for navigation on the water area of the Northern Sea Route, issued by Federal State Institution “The Northern Sea Route Administration” | |
Maritime Doctrine of the Russian Federation for the period up to 2020, approved by President of the Russian Federation Vladimir Putin on July 27, 2001, Pr-1387 | Marine Doctrine, 2001 |
“The rules of navigation: Regulations for navigation on the seaways of the Northern Sea Route”, dated September 14, 1990 | Rules of 1990 |
The Requirements for the Design, Equipment and Supply of Vessels Navigating the NSR, adopted in 1990 | |
The rules of navigation in the Northern Sea Route water area, dated January 17, 2013 | Rules of 2013 |
“Basics of the state policy of the Russian Federation in the Arctic for the period till 2020 and for a further perspective”, adopted by the President of the Russian Federation, D. Medvedev, on September 18, 2008 | Arctic state policy, 2008 |
“The Strategy for the Development of the Arctic Zone of the Russian Federation and National Security up to 2020” (Strategy-2013) approved by President of Russian Federation Vladimir Putin on February 20, 2013 | |
The Order of the Government of the Russian Federation #358-p dated March 15, 2013 | |
Order of the RF #1528-R dated October 31, 2002 | |
Order of the Ministry of Economic Development #69 dated October 31, 2000 “On the change of tariffs for icebreaking fleet on the Northern Sea Route” | Order #69, 2000 |
Order of Federal Tariff Service dated June 07, 2011 #122-T/1 “On setting of rates for services of the icebreaker fleet on the Northern Sea Route” | Order #122-T/1, 2011 |
Communications instructions for Arctic navigations for Arctic navigation 2012–2013 on the Northern Sea Route, issued by Federal Agency of Maritime and river Transport | |
Federal Law No. 525-FZ dated December 27, 2018 “On Amendments to Specific Legislative Acts of the Russian Federation” | Law #525-FZ |
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Tsvetkova, A. (2020). Regulation of Cargo Shipping on the Northern Sea Route: A Strategic Compliance in Pursuing Arctic Safety and Commercial Considerations. In: Pongrácz, E., Pavlov, V., Hänninen, N. (eds) Arctic Marine Sustainability. Springer Polar Sciences. Springer, Cham. https://doi.org/10.1007/978-3-030-28404-6_19
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