북극해항로 관련 러시아 국내법제의 고찰

This paper intends to analyze the Russian legislation and their problems related to the Northern Sea Route(hereafter 'NSR') through reviewing Russia's 5 current laws regarding the NSR. The Arctic Ocean is the one of the world's five ocean surrounded by the sea area within Arctic Circle and the north coasts of Eurasia and America continents. Currently the Northwest Passage and Northeast Passage are two important seasonal waterways in the Arctic Ocean, and the Future Central Arctic Shipping Route is also expected as shipping route in nearly future depends on significant reduction of ice thickness in Central Arctic Ocean. The NSR is the middle part of the Northeast Passage, acrossing the north coast of Russian's Eurasian Continent. There are 2 current fereral laws and 3 enforcement regulations regulating the related issues regarding NSR. Through Federal Laws "on the Internal Sea Waters, Territorial Sea and Adjacent Zone of the Russian Federation" and "Exclusive Economic Zone of Russian Federation", Russia emphasize their jurisdictions of the Northern Sea Route. "Regulations for Navigation on the seaways of the Northern Sea Route" is the main legislation among the laws related to the NSR regulating all issues in the NSR areas. In "Regulations for Icebraker and Pilot Guiding of Vessels through the Northern Sea Route" and "Requirements for Тhe Design, Equipment and Supplies of Vessels Navigating the Northern Sea Route", special requirements for icebrakers and ships sailing in the the NSR are mentioned in detail. Russia insists These 5 laws and regulations are legislated complying with the international law, especially with the Article 234 of the United Nations Convention on the Law of the Sea(hereafter 'UNCLOS'). But the interpretation of the article in Russian law on the boundary of the NSR, excessively high rate of the charge and legal status of some straits via the NSR are still the matter in dispute. Legal issues on the NSR such as the legal status of the NSR, the legal collision of national legislation in Russia with UNCLOS are highly expected to be borne of contention. In this respect, it is important for us to examine thoroughly current Russian federal laws and regulations to promote and make opportunity of the NSR as the alternative seaways from Far East to Europe efficiently.