Russia has effectively removed option of resolving border disputes through UNCLOS in its signing statements under Article 298
Secondly, as mentioned previously, Article 4 of the Convention asserts a ten-year limit for Parties to submit “excessive” continental shelf claims to the CLCS for adjudication. Adjudication, however, only provides an internationally recognized delineation of the claim and not a final delimitation where such a claim may be disputed by a state with an opposite or adjacent coast. Such disputes must be settled by mutual agreement of the contesting parties, or submitted to one of the aforementioned bodies for a binding resolution.
In the case of Russia in particular, upon acceding to the UNCLOS in 1997 and in accordance with Article 298 therein, it declared that it
"does not accept the procedures, provided for in Section 2 of Part XV of the Convention, entailing binding decisions with respect to disputes concerning the interpretation or application of articles 15, 74 and 83 of the Convention, relating to sea boundary delimitations, or those involving historic bays or titles; disputes concerning military activities, including military activities by government vessels and aircraft, and disputes concerning law-enforcement activities in regard to the exercise of sovereign rights or jurisdiction; and disputes in respect of which the Security Council of the United Nations is exercising the functions assigned to it by the Charter of the United Nations.151
In effect, Moscow declared that it would accept delimitation of disputed boundaries only on a bilateral basis, negotiated outside the UNCLOS regime. Russia’s pending resubmission152 to the CLCS of its excessive continental shelf claims has been interpreted as merely a diplomatic maneuver of convenience to gain recognition for its claims and not an earnest effort to use the UNCLOS as a peaceful dispute resolution mechanism.
Related argument(s) where this quote is used.
Strategic environment and level of cooperation between Russia and the United States in the Arctic will be based on the state of their bilateral relations in general, and not on the U.S. decision of whether or not to ratify the UN Law of the Sea.Related Quotes:
- US ratification of UNCLOS will not boost capacity to challenge Russian claims, disputes likely to be resolved outside of convention
- Russia will defend its claims in the Arctic but is unlikely to resort to military means
- Bilateral relations between U.S. and Russia will be more important to Arctic security than U.S. non-party status to UNCLOS
- Russia has effectively removed option of resolving border disputes through UNCLOS in its signing statements under Article 298
- No major disagreement over ECS claims between U.S. and Russia
- Arctic nations are only cooperating through international institutions out of political convenience