Zhudro I.S. Boundaries of the Russian Arctic sector: the question of applicability to delimitation of the continental shelf in the Arctic

Abstract: The subject pf this research is the problem of determination of the continental shelf boundaries in the Arctic Ocean. The author compares the two main approaches towards the solution is problem, which are present in the Russian and foreign expert communities, as well as the assessments of the international legal regime of the Arctic Ocean. The author believes that the core of the controversies in the expert assessments lies in the fact of establishment within the international legal regime of the Arctic Ocean of such international custom as the polar sector: in the first case – dialectical approach that accepts this custom, and in the second case – metaphysical approach that denies this custom. Under the modern factor, the evolutionary transformation of the international legal regime of the Arctic Ocean represents a new subject of the scientific examination, which allows enriching the theory of formation of the legal institutions, as well as acquire new knowledge about them. The studied theoretical questions attains specifically practical sense in the context of the relevant problem of delimitation of the Arctic shelf: the approach that rejects the sectoral custom, suggests the creation of the “common heritage of humanity” in the center of the Arctic ocean floor; as well as it meets he political vector of NATO and EU and does not correspond the national interests of the Russian Federation. And on the contrary, the approach that accepts this custom allows respecting the national interests in delimitation of the Arctic Ocean floor.

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