[FPSPACE] Russian "claim"

[Dmitry Payson]

Dear all:

While I am far from the idea of justifying whatever 'claims' or especially
from pretending for a law expert position, I would like to mention that the
actual background under this summer Arctic affair is of a more complicated
nature than just a propaganda try of justifying whatever sovereignty claim
by mean of putting the small titanium tricolor in the ocean floor. The
adequate Russian experts do not refer any 'first come first claim' basis.
Instead, they say that the subsea area under consideration is (could be?..)
an extension of the Siberian continental shelf. If so, then (according to
what is being said) the U.N. Commission on the Limits of the Continental
Shelf should act based on the specific provisions of the Convention (or
probably some related instrument) to confirm the Russian sovereignty. Russia
made first try in 1999, and that time the claim had been rejected due to the
leak of proven evidences. The Mir's Arctic expedition was actually a quest
for more evidences. Again, I am not at all in the position to analyze the
correctness of these claims or of their reasoning. Just wanted to alert
again too simplifying concepts. 

A good Reuters coverage is here:

http://www.reuters.com/article/worldNews/idUSN0923037520070809?sp=true

Dmitry Payson



> -----Original Message-----
> From: fpspace-bounces at friends-partners.org 
> [mailto:fpspace-bounces at friends-partners.org] On Behalf Of 
> Joanne Irene Gabrynowicz
> Sent: Saturday, August 11, 2007 12:03 AM
> To: Alex Michael Bonnici; FPSPACE
> Subject: [FPSPACE] Russian "claim"
> 
> 	No. The legitimacy of a claim is based on a complex mix 
> of action, precedent, custom, and responses of nations, as 
> well as what is in relevant treaties. Both Canada and the 
> United States promptly rejected the claim. Other nations 
> probably have as well, although I have not researched this 
> point. Customary law and treaty law regarding global commons 
> (high seas, Antarctica, space) have trended away from 
> sovereignty claims by occupation, possession, flag planting, 
> etc. at least since World War II. Multiple nations have left 
> flags on the lunar surface. None of these events are 
> considered to have established appropriation of territory.
> 	Russia has been a State Party to the Law of the Sea 
> Convention and its related instruments since 1997.
> 	The relevant provisions of the Convention state:
> "Part VII, Article89
> Invalidity of claims of sovereignty over the high seas No 
> State may validly purport to subject any part of the high 
> seas to its sovereignty.
> 
> Article 1
> Use of terms and scope
> 1.	For the purposes of this Convention:
> (1)	"Area" means the seabed and ocean floor and subsoil thereof, 
> beyond the limits of national jurisdiction;
> 
> Part X1 Section 2
> 
> Article137
> Legal status of the Area and its resources 1. No State shall 
> claim or exercise sovereignty or sovereign rights over any 
> part of the Area or its resources, nor shall any State or 
> natural or juridical person appropriate any part thereof. No 
> such claim or exercise of sovereignty or sovereign rights nor 
> such appropriation shall be recognized."
> 
> 
> 
> At 00:57 +0200 05/08/2007, Alex Michael Bonnici wrote:
> >Does Russia's recent claim to the Arctic seabed 
> automatically mean that 
> >all United Nations treaties to date become void? In addition, does 
> >Russia's recent stance have any future bearing on how nations will 
> >conduct themselves in outer space?
> >
> >
> >http://discoveryenterprise.blogspot.com/2007/08/does-united-s
> tates-of-a
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> 
> 
> --
> Prof. Joanne Irene Gabrynowicz, Director National Center for 
> Remote Sensing, Air, and Space Law Editor-in-Chief, Journal 
> of Space Law The University of Mississippi School of Law 
> P.O.Box 1848 University, MS 38677-1848 jgabryno at olemiss.edu
> Voice: (662) 915-6877
> Fax: (662) 915- 6921
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