Skip to main content

(Research): Preventing Unlawful Acts Against the Safety of Navigation in Arctic Seas

  • 96 Accesses

Part of the Informed Decisionmaking for Sustainability book series (IDS)

Abstract

With the on-going environmental state-change in the Arctic, security issues are becoming more urgent for increasing Arctic shipping. This chapter examines how the existing rules of international customary and treaty law on repression of piracy and other unlawful acts against the safety of maritime navigation might be applicable to the waters of the Arctic Ocean. The main characteristics of such rules – as they are provided in the 1982 UN Convention on the Law of the Sea and the 1988 Convention on the Suppression of Unlawful Acts against the Safety of Maritime Navigation – are scrutinized in this chapter in the specific context of the developing Arctic law. This chapter also considers the relevant provisions of other international agreements and soft-law instruments in the light of a broader framework of international customary law.

While addressing the applicability of these universal legal rules to the Arctic Ocean, this chapter summarizes the challenges we face in preventing crimes in the Arctic Region. In this context, this chapter considers the lessons learned from attempts to repress unlawful acts against the safety of shipping in the regions of Somalia, the Strait of Malacca and South-East Asia in general. The chapter suggests the development of a “precautionary regional approach” for anti-criminal activity along the Arctic shipping routes, including transpolar routes.

In sum, this chapter addresses two key questions: how do we build (within the rules of international law which are applicable to the waters of the Arctic Ocean) common interests among Arctic and non-Arctic states to combat unlawful acts against the safety of navigation in those waters and prevent such acts from expanding? To this end, how can we adopt a precautionary anti-criminal approach that takes into account urgencies arising from the warming of the Arctic region and the recession and thinning of ice in the Arctic Ocean and the discovery of new islands previously covered by ice, as well as the relevant increase in maritime economic activities in the Arctic?

Keywords

  • Safety of navigation
  • Maritime security
  • Piracy
  • Repression of unlawful acts
  • Precautionary anti-criminal approach

This is a preview of subscription content, access via your institution.

Buying options

Chapter
USD   29.95
Price excludes VAT (USA)
  • DOI: 10.1007/978-3-030-89312-5_5
  • Chapter length: 21 pages
  • Instant PDF download
  • Readable on all devices
  • Own it forever
  • Exclusive offer for individuals only
  • Tax calculation will be finalised during checkout
eBook
USD   129.00
Price excludes VAT (USA)
  • ISBN: 978-3-030-89312-5
  • Instant PDF download
  • Readable on all devices
  • Own it forever
  • Exclusive offer for individuals only
  • Tax calculation will be finalised during checkout
Hardcover Book
USD   169.99
Price excludes VAT (USA)

Notes

  1. 1.

    According to the Federal Law of the Russian Federation of 31 July 1998 (titled “Internal Sea Waters, Territorial Sea and Contiguous Zone of the Russian Federation”), “Navigation on the seaways of the Northern Sea Route, a historically established national uniform transport communication of the Russian Federation in the Arctic, including through the Vilkitsky, Shokalsky, Dmitry Laptev, Sannikov straits, is carried out according to the present federal law, other federal laws, international treaties of the Russian Federation and Regulations for navigation on the seaways of the Northern Sea Route, approved by the federal enforcement organ authorized by the Government of the Russian Federation”.

References

Download references

Author information

Authors and Affiliations

Authors

Editor information

Editors and Affiliations

Rights and permissions

Reprints and Permissions

Copyright information

© 2022 Springer Nature Switzerland AG

About this chapter

Verify currency and authenticity via CrossMark

Cite this chapter

Vylegzhanin, A.N., Anyanova, E.S. (2022). (Research): Preventing Unlawful Acts Against the Safety of Navigation in Arctic Seas. In: Berkman, P.A., Vylegzhanin, A.N., Young, O.R., Balton, D.A., Øvretveit, O.R. (eds) Building Common Interests in the Arctic Ocean with Global Inclusion. Informed Decisionmaking for Sustainability. Springer, Cham. https://doi.org/10.1007/978-3-030-89312-5_5

Download citation