The Northern Sea Route regime: Exquisite superpower subterfuge?

Ocean Development and International Law

Volumn 30, Issue 4, 1999, Pages 299-331

  Brubaker, R Douglas ^a   Østreng, Willy ^a  

^a FRIDTJOF NANSEN INSTITUTE   (Norway)

Author keywords

Global macro strategic interests; Internal waters; International ice covered straits; Military security perceptions; Military strategic value; National security; Northern Sea Route (NSR); U.S. Soviet Russian Arctic relations

Indexed keywords

GEOPOLITICS; INTERNATIONAL RELATIONS; MARITIME BOUNDARY; SHIPPING;

RUSSIAN FEDERATION; UNITED STATES;

EID: 0033366999     PISSN: 00908320     EISSN: None     Source Type: Journal    
DOI: 10.1080/009083299276131     Document Type: Article

References (189)

1. Gordon G. Watson, "Technical Aspects of Ice Navigation and Port Construction in Soviet Arctic," in The Soviet Maritime Arctic, ed. Lawson W. Brigham (London: Belhaven Press, 1991), 159.
2. J. Ashley Roach and Robert W. Smith, Excessive Maritime Claims, International Law Studies, vol. 66 (Newport, RI: Naval War College, 1994), 200-207.
3. A. L. Kolodkin and M. E. Volosov, "The Legal Regime of the Soviet Arctic: Major Issues," Marine Policy 14 (1990): 163-167.
4. Harry Smolka, "Soviet Strategy in the Arctic," Foreign Affairs 16, no. 2 (1938): 85-94.
5. Militœrbalansen 1984-85 (in Norwegian) (Oslo: Den norske Atlanterhavskomité, 1984).
6. See Willy Østreng, "The Strategic Balance and the Arctic Ocean: Soviet Options," Cooperation and Conflict 12, no. 1 (1977): 41-62. For a more detailed discussion, see Willy Østreng, The Soviet Union in Arctic Waters: Security Implications for the Northern Flank of NATO, Occasional Paper no. 36 (Honolulu: Law of the Sea Institute, William S. Richardson School of Law, University of Hawaii, 1987)
7. See Willy Østreng, "The Strategic Balance and the Arctic Ocean: Soviet Options," Cooperation and Conflict 12, no. 1 (1977): 41-62. For a more detailed discussion, see Willy Østreng, The Soviet Union in Arctic Waters: Security Implications for the Northern Flank of NATO, Occasional Paper no. 36 (Honolulu: Law of the Sea Institute, William S. Richardson School of Law, University of Hawaii, 1987)
8. Treaty between the United States of America and the Union of Soviet Socialist Republics on the Reduction and Limitation of Strategic Offensive Arms (START I), July 31, 1991, reprinted in The United Nations Disarmament Yearbook, vol. 16, 1991 (New York: Office for Disarmament Affairs, 1992), Appendix II, pp. 450-476; Treaty between the United States of America and the Russian Federation on Further Reduction and Limitation of Strategic Offensive Arms (START II), January 3, 1993, reprinted in The United Nations Disarmament Yearbook, vol. 18, 1993 (New York: Center for Disarmament Affairs, 1994), Appendix II, pp. 314-338; Treaty on Conventional Armed Forces in Europe, November 19, 1990, 1993 Gr. Brit. T.S. No. 44 (Cmnd. 2294), 30 I.L.M. 1.
9. Treaty between the United States of America and the Union of Soviet Socialist Republics on the Reduction and Limitation of Strategic Offensive Arms (START I), July 31, 1991, reprinted in The United Nations Disarmament Yearbook, vol. 16, 1991 (New York: Office for Disarmament Affairs, 1992), Appendix II, pp. 450-476; Treaty between the United States of America and the Russian Federation on Further Reduction and Limitation of Strategic Offensive Arms (START II), January 3, 1993, reprinted in The United Nations Disarmament Yearbook, vol. 18, 1993 (New York: Center for Disarmament Affairs, 1994), Appendix II, pp. 314-338; Treaty on Conventional Armed Forces in Europe, November 19, 1990, 1993 Gr. Brit. T.S. No. 44 (Cmnd. 2294), 30 I.L.M. 1.
10. Treaty between the United States of America and the Union of Soviet Socialist Republics on the Reduction and Limitation of Strategic Offensive Arms (START I), July 31, 1991, reprinted in The United Nations Disarmament Yearbook, vol. 16, 1991 (New York: Office for Disarmament Affairs, 1992), Appendix II, pp. 450-476; Treaty between the United States of America and the Russian Federation on Further Reduction and Limitation of Strategic Offensive Arms (START II), January 3, 1993, reprinted in The United Nations Disarmament Yearbook, vol. 18, 1993 (New York: Center for Disarmament Affairs, 1994), Appendix II, pp. 314-338; Treaty on Conventional Armed Forces in Europe, November 19, 1990, 1993 Gr. Brit. T.S. No. 44 (Cmnd. 2294), 30 I.L.M. 1.
11. Militœrbalansen, 1994-95 (in Norwegian) (Oslo: Den norske Atlanterhavskomité, 1994), 196-203.
12. Bjørn Tore Godal, "Det nye NATO," Norsk Militœrt Tidsskrift (in Norwegian) 166, no. 1 (1997): 5.
13. Alexander Granberg, "The Northern Sea Route and the Policy of New Russia," International Challenges (Fridtjof Nansen Institute) 12, no. 1 (1992): 9. The author is a former Advisor of the Russian Federation.
14. Richard Boyle and Waldo Lyon, "Arctic ASW: Have We Lost?" Naval Institute Proceedings, June 1998, 34. The publication contains a disclaimer that the U.S. Naval Institute, the publisher, is not a part of the U.S. government. The editorial offices are located at the U.S. Naval Academy, in Annapolis, Maryland.
15. Militœrbalansen 1994-95, 174.
16. Trevor Laforest, "Strategic Significance of the Northern Sea Route," Naval Institute Proceedings, December 1967, 63.
17. Davidson Luehring, "The Never-Never Sea," Naval Institute Proceedings, August 1969, 142.
18. Ibid.
19. George Lindsey, Strategic Stability in the Arctic, Adelphi Papers, 241 (London: Brassey's for International Institute for Strategic Studies, 1989), 73-74.
20. Kurt M. Shusterich, "International Jurisdictional Issues in the Arctic Ocean," Ocean Development and International Law 14 (1984/85): 257.
21. Erik Franckx, "Non-Soviet Shipping in the Northeast Passage and the Legal Status of Proliv Vil'kitskogo," Polar Record 24, no. 151 (1988): 270.
22. Robert Wells, "The Icy Njet," Naval Institute Proceedings, April 1968, 73.
23. Terence Armstrong, "The Northern Sea Route in 1966," Polar Record 10, no. 3 (1965/ 66): 200-203.
24. S. M. Olenicoff, Territorial Waters in the Arctic: The Soviet Position (Santa Monica, CA: Advanced Research Projects Agency, 1972), 28.
25. For detailed discussion see Willy Østreng, "The Northern Sea Route: A New Era in Soviet Policy?" Ocean Development and International Law 22 (1991): 259-287.
26. Alexander Arikainen and Oleg A. Kossov, "Technological Possibility of Safe Convoy of Non-Ice Class Ships along the Northern Sea Route," in Ice Technology for Polar Operations: Proceedings of the Second International Conference on Ice Technology, Held at Downing College, Cambridge University, UK, During 18-20 September 1990, ed. T. K. S. Murthy (Boston: Computational Mechanics Publications, 1990), 260-261.
27. Alexander Yakovlev, Oleg Kossov, and Alexander Ushakov, Political Aspects of International Shipping along the Northern Sea Route, INSROP Discussion Paper, Project IV.2.2 (Lysaker, Norway: Fridtjof Nansen Institute, 1994), 10-11 and 43.
28. Ibid., 39.
29. Ibid., 10-11.
30. Ibid., 50.
31. Lindsey, Strategic Stability in the Arctic, 73-74.
32. Boyle and Lyon, "Arctic ASW," 33.
33. Helge Ole Bergesen, Arild Moe, and Willy Østreng, Soviet Oil and Security Interests in the Barents Sea (London: Frances Pinter, 1987), 68-85.
34. Geir B. Hønneland, Navigating the Straits of the Northern Sea Route, INSROP Working Paper no. 81, Project IV.1.2 (Lysaker, Norway: International Northern Sea Route Programme, 1997).
35. See Russian Chart No. 949 (obtained from Central Marine Research & Design Institute (CNIIMF), St. Petersburg, Russia, through International Northern Sea Route Programme (INSROP) Project IV.1.2).
36. Ibid., 6. See the valley of death problem below.
37. Bergesen, Moe, and Østreng, Soviet Oil and Security Interests, 59.
38. Boyle and Lyon, "Arctic ASW," 33.
39. Trond Ramsland, Lt. Commander, Norwegian Navy, interview with Brubaker, Fridtjof Nansen Institute, Lysaker, Norway, June 12, 1996.
40. Russian Chart Nos. 696 and 697 (obtained from CNIIMF, INSROP Project IV.1.2).
41. Hønneland, Navigating the Straits, 5.
42. See Soviet Military Power (Washington, DC: U.S. Department of Defense, 1981). The counter-argument is presented in Bergesen, Moe, and Østreng, Soviet Oil and Security Interests, 57-85.
43. See Soviet Military Power (Washington, DC: U.S. Department of Defense, 1981). The counter-argument is presented in Bergesen, Moe, and Østreng, Soviet Oil and Security Interests, 57-85.
44. Bergesen, Moe, and Østreng, Soviet Oil and Security Interests, 57-87.
45. Hønneland, Navigating the Straits, 7.
46. Boyle and Lyon, "Arctic ASW," 31.
47. John E. Sater, The Arctic Basin, rev. ed. (Washington, DC: Arctic Institute of North America, 1969), 265-274.
48. Waldo Lyon, "The Submarine and the Arctic Ocean," Polar Record 11, no. 75 (1963): 699-700.
49. Boyle and Lyon, "Arctic ASW," 32.
50. Ibid., 33.
51. Gerald E. Synhorst, "Soviet Strategic Interests in the Maritime Arctic," Naval Institute Proceedings, May 1973, 110-111.
52. Militœrbalansen 1994-95, 196-197.
53. Boyle and Lyon, "Arctic ASW," 34.
54. Ibid.
55. Granberg, "The Northern Sea Route," 7.
56. For discussion, see Østreng, "The Northern Sea Route," 259-287.
57. Desmond Ball, "Nuclear War at Sea," International Security 10, no. 3 (1985/86): 3-31.
58. Tomas Ries, The Soviet Military Operational Command Structure and Its Application to Fenno Scandia (Oslo: Norwegian Institute of International Affairs, 1986), 61-62 and 64.
59. Terence Armstrong, "A History of the Northern Sea Route," International Challenges (Fridtjof Nansen Institute) 12, no. 1 (1992): 41.
60. See N. Koroleva, V. Markov, and A. Ushakov, Legal Regime of Navigation in the Russian Arctic (Moscow: Soyuzmorniiproekt - Association of International Maritime Law, 1995), 60-76, 81-83, 83-86.
61. United Nations Convention on the Law of the Sea, opened for signature December 10, 1982, 21 I.L.M. 1261 [hereafter cited as 1982 Convention].
62. See generally Regulations for Navigation on the Seaways of the Northern Sea Route (Moscow: Head Department of Navigation and Oceanography, U.S.S.R. Ministry of Defence, 1991) [hereafter cited as 1991 Rules]. The Rules appear as an Appendix in "Law of the Russian Federation on the State Frontier of the Russian Federation, 1 April 1993," International Challenges (Fridtjof Nansen Institute) 12, no. 1 (1992): 121; and 1993 Statute Law of the State Boundary of the Russian Federation Law of the State Boundary of the Russian Federation, 1993 (obtained from A. N. Yakovlev, Rtd. Admiral, Russian Navy and Project Leader, INSROP Project IV.2.2, at the Russian-American Law of the Sea Seminar, Moscow, August 26, 1995; unofficial translation by Dr. Alexandra Livanova, St. Petersburg University, St. Petersburg, Russia). For expansive supporting legislation, see generally Douglas Brubaker, "Straits in the Russian Arctic - Jurisdiction v. Environmental Protection," Ocean Development and International Law (forth-coming), manuscript section 3.1.
63. See generally Regulations for Navigation on the Seaways of the Northern Sea Route (Moscow: Head Department of Navigation and Oceanography, U.S.S.R. Ministry of Defence, 1991) [hereafter cited as 1991 Rules]. The Rules appear as an Appendix in "Law of the Russian Federation on the State Frontier of the Russian Federation, 1 April 1993," International Challenges (Fridtjof Nansen Institute) 12, no. 1 (1992): 121; and 1993 Statute Law of the State Boundary of the Russian Federation Law of the State Boundary of the Russian Federation, 1993 (obtained from A. N. Yakovlev, Rtd. Admiral, Russian Navy and Project Leader, INSROP Project IV.2.2, at the Russian-American Law of the Sea Seminar, Moscow, August 26, 1995; unofficial translation by Dr. Alexandra Livanova, St. Petersburg University, St. Petersburg, Russia). For expansive supporting legislation, see generally Douglas Brubaker, "Straits in the Russian Arctic - Jurisdiction v. Environmental Protection," Ocean Development and International Law (forth-coming), manuscript section 3.1.
64. See generally Regulations for Navigation on the Seaways of the Northern Sea Route (Moscow: Head Department of Navigation and Oceanography, U.S.S.R. Ministry of Defence, 1991) [hereafter cited as 1991 Rules]. The Rules appear as an Appendix in "Law of the Russian Federation on the State Frontier of the Russian Federation, 1 April 1993," International Challenges (Fridtjof Nansen Institute) 12, no. 1 (1992): 121; and 1993 Statute Law of the State Boundary of the Russian Federation Law of the State Boundary of the Russian Federation, 1993 (obtained from A. N. Yakovlev, Rtd. Admiral, Russian Navy and Project Leader, INSROP Project IV.2.2, at the Russian-American Law of the Sea Seminar, Moscow, August 26, 1995; unofficial translation by Dr. Alexandra Livanova, St. Petersburg University, St. Petersburg, Russia). For expansive supporting legislation, see generally Douglas Brubaker, "Straits in the Russian Arctic - Jurisdiction v. Environmental Protection," Ocean Development and International Law (forth-coming), manuscript section 3.1.
65. See generally Regulations for Navigation on the Seaways of the Northern Sea Route (Moscow: Head Department of Navigation and Oceanography, U.S.S.R. Ministry of Defence, 1991) [hereafter cited as 1991 Rules]. The Rules appear as an Appendix in "Law of the Russian Federation on the State Frontier of the Russian Federation, 1 April 1993," International Challenges (Fridtjof Nansen Institute) 12, no. 1 (1992): 121; and 1993 Statute Law of the State Boundary of the Russian Federation Law of the State Boundary of the Russian Federation, 1993 (obtained from A. N. Yakovlev, Rtd. Admiral, Russian Navy and Project Leader, INSROP Project IV.2.2, at the Russian-American Law of the Sea Seminar, Moscow, August 26, 1995; unofficial translation by Dr. Alexandra Livanova, St. Petersburg University, St. Petersburg, Russia). For expansive supporting legislation, see generally Douglas Brubaker, "Straits in the Russian Arctic - Jurisdiction v. Environmental Protection," Ocean Development and International Law (forth-coming), manuscript section 3.1.
66. Vsevolod Peresypkin, Director, CNIIMF, and Alexander Ushakov, Deputy Director, Northern Sea Route Administration, interview with Brubaker, INSROP Joint Research Council (JRC) meeting, held at the Fridtjof Nansen Institute, Lysaker, Norway, April 17, 1996.
67. See Roach and Smith, Excessive Maritime Claims, 200-207.
68. Oil Pollution Act of 1990 (OPA 1990), 33 U.S.C. § 270. For supporting legislation, see Brubaker, "Straits in the Russian Arctic," manuscript section 3.3.
69. Roach and Smith, Excessive Maritime Claims, 262.
70. A liberal interpretation of the term "navigable waters" in OPA 1990, 33 U.S.C. § 1001(21), may well open the way for full application of the legislation in the U.S. EEZ. Additionally, various provisions are clearly applicable here. Recently, it was announced that the U.S. Coast Guard and federal law enforcement agencies will be allowed to enforce U.S. environmental laws and board foreign ships up to 24 nautical miles from the coast. "U.S. Doubles Offshore Control Zone," International Herald Tribune, September 4-5, 1999, 3. The article notes that drug trafficking, immigration, and fishing also are included in the U.S. measures.
71. Lawson W. Brigham, Former Commanding Officer of the USCGC Polar Sea and formerly the Chief of the Strategic Planning Staff at Coast Guard Headquarters, Washington, DC, interview with Brubaker, INSROP Symposium, Tokyo, Japan, October 4, 1995.
72. Information was obtained during the INSROP JRC meeting held at the Fridtjof Nansen Institute, Lysaker, Norway, April 17, 1996, from Brubaker's interviews with Alexander Ushakov, Deputy Director, Northern Sea Route Administration, Trond Ramsland, Lt. Cdr., Norwegian Navy, and Vsevolod Peresypkin, Director, CNIIMF. Information also obtained from EPOCA-95 Cruise Report (Washington, DC: Naval Research Laboratory, 1996), and Trond Ramsland, interview with Brubaker, Fridtjof Nansen Institute, Lysaker, Norway, August 28, 1996.
73. Information was obtained during the INSROP JRC meeting held at the Fridtjof Nansen Institute, Lysaker, Norway, April 17, 1996, from Brubaker's interviews with Alexander Ushakov, Deputy Director, Northern Sea Route Administration, Trond Ramsland, Lt. Cdr., Norwegian Navy, and Vsevolod Peresypkin, Director, CNIIMF. Information also obtained from EPOCA-95 Cruise Report (Washington, DC: Naval Research Laboratory, 1996), and Trond Ramsland, interview with Brubaker, Fridtjof Nansen Institute, Lysaker, Norway, August 28, 1996.
74. EPOCA-95 Cruise Report, p. E-1, indicates samples were collected "near the sites of the dumped reactors" in Abrosimov, Stepovoy, Tsivolka, and Techeniya Bays, which may indicate that internal waters were entered.
75. William L. Schachte, "International Straits and Navigational Freedoms," in The Law of the Sea: New Worlds, New Discoveries: Proceedings, the Law of the Sea Institute, Twenty-sixth Annual Conference, Genoa, Italy, June 22-25, 1992, ed. Edward L. Miles and Tullio Treves (Honolulu: Law of the Sea Institute, William S. Richardson School of Law, University of Hawaii, 1993), 27.
76. Roach and Smith, Excessive Maritime Claims, 214. The authors in ibid., 227 n. 79, surprisingly note: "[A]rticle 234, however, does not specifically deal with straits; thus it leaves open the issue whether or not the Northwest Passage constitutes a strait used for international navigation."
77. Roach and Smith, Excessive Maritime Claims, 214. The authors in ibid., 227 n. 79, surprisingly note: "[A]rticle 234, however, does not specifically deal with straits; thus it leaves open the issue whether or not the Northwest Passage constitutes a strait used for international navigation."
78. Franklyn Griffiths, "Environment in the U.S. Discourse on Security: The Case of the Missing Arctic Waters," in National Security and International Environmental Co-operation in the Arctic - the Case of the Northern Sea Route, ed. Willy Østreng et al., INSROP Working Paper no. 83, Project IV.2.1 (Lysaker, Norway: International Northern Sea Route Programme, 1997), 212.
79. Valery Aleksin, "We Are Ready When You Are," in Naval Institute Proceedings, March 1993, 56, maintains that some 25 collisions have occurred between Russian and U.S. submarines between 1968 and 1992, with nine incidents occurring "in Russian Navy training ranges near Russian shores."
80. W. Michael Reisman, "The Regime of Straits and the Third United Nations Conference on the Law of the Sea," American Journal of International Law 74 (1980): 52-53, 69.
81. Horace B. Robertson, "Passage Through International Straits: A Right Preserved in the Third United Nations Conference on the Law of the Sea," Virginia Journal of International Law 20 (1980): 844-845.
82. See, however, Boyle and Lyon, "Arctic ASW," 31, who note the possibility of launching a land-attack missile such as a Tomahawk (range 1,600 nautical miles) in the icy Gulf of St. Lawrence or Labrador and attacking such cities as New York or Philadelphia.
83. Kheng Lian Koh, Straits in International Navigation: Contemporary Issues (London: Oceana Publications, 1982), 153-155.
84. William T. Burke, "Submerged Passage Through Straits: Interpretations of the Proposed Law of the Sea Treaty Text," Washington Law Review 52 (1977): 199.
85. Convention on the Territorial Sea and the Contiguous Zone, April 29, 1958, 516 U.N.T.S. 205 [hereafter cited as TSC].
86. Corfu Channel (Merits), 1949 I.C.J. at 28.
87. See Schachte, "International Straits and Navigational Freedoms," 7, 14-15 (arguing approaches to be governed by 1982 Convention Part III).
88. Vienna Convention on the Law of Treaties, opened for signature May 23, 1969, 1115 U.N.T.S. 331.
89. See Reisman, "The Regime of Straits," 48, 52-54, 62-64, 66-67, 69-75.
90. See Burke, "Submerged Passage Through Straits," 197-198, 202-216, 219-220.
91. See ibid., 205-206.
92. R. R. Churchill and A. V. Lowe, The Law of the Sea, rev. ed. (Manchester, UK: Manchester University Press, 1988), 340. Ian Sinclair, The Vienna Convention on the Law of Treaties, 2d. ed. (Manchester, UK: Manchester University Press, 1984), 138.
93. R. R. Churchill and A. V. Lowe, The Law of the Sea, rev. ed. (Manchester, UK: Manchester University Press, 1988), 340. Ian Sinclair, The Vienna Convention on the Law of Treaties, 2d. ed. (Manchester, UK: Manchester University Press, 1984), 138.
94. Michael Akehurst, A Modern Introduction to International Law, 6th ed. (London: Unwin Hyman, 1987), 205.
95. Ian Brownlie, Principles of Public International Law, 4th ed. (Oxford: Clarendon Press, 1990), 629.
96. Convention on the High Seas, April 29, 1958, 450 U.N.T.S. 82.
97. See generally Churchill and Lowe, The Law of the Sea, 227-232.
98. Reisman, "The Regime of Straits," 52-53; and Churchill and Lowe, The Law of the Sea, 94.
99. Reisman, "The Regime of Straits," 52-53; and Churchill and Lowe, The Law of the Sea, 94.
100. See Michael Leifer, Malacca, Singapore, and Indonesia, International Straits of the World, vol. 2 (Alphen aan den Rijn: Sijthoff & Noordhoff, 1978), 162-163 and 168-173.
101. R. Douglas Brubaker, Jurisdiction Governing the Straits in Russian Arctic Waters, INSROP Working Paper no. 52, Project IV.3.1 (Lysaker, Norway: International Northern Sea Route Programme, 1996), 7-19.
102. Roach and Smith, Excessive Maritime Claims, 191-194, 224-225 nn. 55 and 56, and 262. It is not known whether foreign maritime powers have claimed transit passage in U.S. waters.
103. Reisman, "The Regime of Straits," 53.
104. National Security Strategy of the United States (Washington, DC: The White House: For sale by the Supt. of Docs., U.S. Gov't. Print. Office, 1992), 1.
105. George Galdorisi, "Who Needs the Law of the Sea?" Naval Institute Proceedings, July 1993, 72.
106. Jan Breemer, "Naval Strategy Is Dead," Naval Institute Proceedings, February 1994, 50-53. Christopher Carlson, "How Many SSN's Do We Need?" Naval Institute Proceedings, July 1993, 49-50, notes Russia is the only state with the ability to totally destroy the United States.
107. Jan Breemer, "Naval Strategy Is Dead," Naval Institute Proceedings, February 1994, 50-53. Christopher Carlson, "How Many SSN's Do We Need?" Naval Institute Proceedings, July 1993, 49-50, notes Russia is the only state with the ability to totally destroy the United States.
108. See Leifer, Malacca, Singapore, and Indonesia, 162-163.
109. Ibid. Indonesia, in a declaration regarding its archipelago, stated that irrespective of the archipelago's status under international law, submerged passage was prohibited. Leifer notes that with the introduction of the Trident I submarine around 1980, both straits became less vital to the United States since it could target the Soviet Union from the open Atlantic or the Pacific. Ibid.
110. Ibid. Indonesia, in a declaration regarding its archipelago, stated that irrespective of the archipelago's status under international law, submerged passage was prohibited. Leifer notes that with the introduction of the Trident I submarine around 1980, both straits became less vital to the United States since it could target the Soviet Union from the open Atlantic or the Pacific. Ibid.
111. J. Ashley Roach, U.S. State Department, Office of the Legal Advisor, interview with Brubaker, Washington, DC, June 27, 1994.
112. Leifer, Malacca, Singapore, and Indonesia, 164-168.
113. Carlson, "How Many SSN's Do We Need?" 49-50.
114. Obtained from James Brooke, "Do We Really Need a Third Seawolf," Naval Institute Proceedings, December 1994, 10, and Carlson, "How Many SSN's Do We Need?" 52, unless otherwise noted. Dr. Brook is Director, Strategic Assessment, Pacific Defense Analysts in San Diego, California, and previously was on active duty in the U.S. Navy.
115. Obtained from James Brooke, "Do We Really Need a Third Seawolf," Naval Institute Proceedings, December 1994, 10, and Carlson, "How Many SSN's Do We Need?" 52, unless otherwise noted. Dr. Brook is Director, Strategic Assessment, Pacific Defense Analysts in San Diego, California, and previously was on active duty in the U.S. Navy.
116. This is defined as the area in the Arctic of interface between ice and open water. See Boyle and Lyon, "Arctic ASW," 31-32.
117. John Morton, "Still a Priority" (interview with Vice Admiral Owens, The Pentagon), Naval Institute Proceedings, March 1993, 126, notes that control potential is also directed against Chinese and Indian submarines.
118. Obtained from Aleksin, "We Are Ready When You Are," 54-57, and Leifer, Malacca, Singapore, and Indonesia, 168-173, unless otherwise noted.
119. Obtained from Aleksin, "We Are Ready When You Are," 54-57, and Leifer, Malacca, Singapore, and Indonesia, 168-173, unless otherwise noted.
120. Carlson, "How Many SSN's Do We Need?" 49-50, notes that Russia is the only state with the ability to totally destroy the United States.
121. Koh, Straits in International Navigation, 68-69.
122. Ibid.
123. Brooke, "Do We Really Need a Third Seawolf," 9.
124. Anatoly Yakovlev, interview with Brubaker, Moscow, Russia, August 27, 1994, proposed a law of the sea seminar including both the U.S. and Russian Navies. Anatoly Yakovlev, letter to Brubaker, December 2, 1994, proposed the same.
125. See Brownlie, Principles, 284. Nearly all doctrine follow this view. See, for example, Churchill and Lowe, The Law of the Sea, 90-93.
126. See Brownlie, Principles, 284. Nearly all doctrine follow this view. See, for example, Churchill and Lowe, The Law of the Sea, 90-93.
127. Churchill and Lowe, The Law of the Sea, 91-92.
128. Ibid., 91.
129. Ibid.
130. See ibid., 73-76. The authors note the "untidy" situation.
131. Ibid., 88 and 92.
132. 1949 I.C.J. at 29.
133. As noted above in the section on "The NSR as a Station Area for SSBNs," the last Sturgeon class that was able to operate in shallow ice-covered waters has been decommissioned.
134. Terence E. Armstrong, The Northern Sea Route: Soviet Exploitation of the North East Passage (Cambridge, UK: Cambridge University Press, 1952), Appendices I, II, III, and V.
135. Anatoly Yakovlev, letter to Brubaker, March 20, 1995.
136. Ibid.
137. D. O. P. O'Connell, The International Law of the Sea (Oxford: Clarendon Press, 1982), 1:385, notes there is little history of straits being treated as inland waters when subject to transit passage.
138. Roach and Smith, Excessive Maritime Claims, 201-206.
139. Note 58 above.
140. Note 58 above.
141. Respectively, Churchill and Lowe, The Law of the Sea, 94-95; and Roach and Smith, Excessive Maritime Claims, 187 and 197-198.
142. Respectively, Churchill and Lowe, The Law of the Sea, 94-95; and Roach and Smith, Excessive Maritime Claims, 187 and 197-198.
143. The United States may accept an Article 234 regime applicable to foreign vessels through Article 42(1 )(b), parallel yet not hampering transit passage. Bernard Oxman and J. Ashley Roach, Comments on a panel, "Interaction with Regimes for Polar Regions," held at the conference, Order for the Oceans at the Turn of the Century, Oslo, Norway, August 7-11, 1998. A Code of Polar Navigation has recently been submitted to the IMO, negotiated and harmonized chiefly by the coast guards and sea directorates of the Arctic rim states. Norvald Kjerstad, Captain, Møre and Romsdal Maritime College, Consultant to the Norwegian Maritime Directorate, interview with Brubaker, Harmonisation Conference, Ålesund, October 11, 1994; Lawson Brigham, telephone interview with Brubaker, September 7, 1998.
144. The United States may accept an Article 234 regime applicable to foreign vessels through Article 42(1 )(b), parallel yet not hampering transit passage. Bernard Oxman and J. Ashley Roach, Comments on a panel, "Interaction with Regimes for Polar Regions," held at the conference, Order for the Oceans at the Turn of the Century, Oslo, Norway, August 7-11, 1998. A Code of Polar Navigation has recently been submitted to the IMO, negotiated and harmonized chiefly by the coast guards and sea directorates of the Arctic rim states. Norvald Kjerstad, Captain, Møre and Romsdal Maritime College, Consultant to the Norwegian Maritime Directorate, interview with Brubaker, Harmonisation Conference, Ålesund, October 11, 1994; Lawson Brigham, telephone interview with Brubaker, September 7, 1998.
145. See above section entitled "Subsequent State Practice: TSC Article 16(4) and 1982 Convention Article 39(1 )(c)."
146. See Roach and Smith, Excessive Maritime Claims, 227 n. 79.
147. See Article 2 of the 1991 Rules, entitled "Principles, Object, and Goals of Regulating." See also Kolodkin and Volosov, "The Legal Regime of the Soviet Arctic," 163-167.
148. See Article 2 of the 1991 Rules, entitled "Principles, Object, and Goals of Regulating." See also Kolodkin and Volosov, "The Legal Regime of the Soviet Arctic," 163-167.
149. Kolodkin and Volosov, "The Legal Regime of the Soviet Arctic," 160.
150. Churchill and Lowe, The Law of the Sea, 79.
151. See Leifer, Malacca, Singapore, and Indonesia, 168-173.
152. Roach and Smith, Excessive Maritime Claims, 200-207. The Canadians similarly protested in the 1980s. Ibid., 207-215.
153. Roach and Smith, Excessive Maritime Claims, 200-207. The Canadians similarly protested in the 1980s. Ibid., 207-215.
154. P. Kevin Peppe, "Submarines in the Littorals," Naval Institute Proceedings, July 1993, 46-47.
155. Canada continues to install underwater surveillance devices in its main Arctic straits. Victor Santos-Pedro, Director, Ship Safety Northern, Canadian Coast Guard, interview with Brubaker, Oslo, Norway, November 23, 1994.
156. Aleksin, "We Are Ready When You Are," 56.
157. Anatoly Yakovlev, letter to Brubaker, March 20, 1995.
158. See Kolodkin and Volosov, "The Legal Regime of the Soviet Arctic," 166.
159. This could include controversiality under 1982 Convention Article 35(c) ("long standing treaty") or Article 37 ("used for international navigation").
160. Erik Franckx, Maritime Claims in the Arctic: Canadian and Russian Perspectives (Dordrecht: M. Nijhoff, 1993), 28 and 54 n. 214.
161. Dennis Mandsager, Captain, JAGC, U.S. Navy, Camp H. M. Smith, Hawaii, in an interview with Brubaker, at the Russian-American Seminar on the Law of the Sea, Moscow, August 23-26, 1994, indicated that the United States sails the Arctic under its FON Program, which implies submarine traffic.
162. Roach and Smith, Excessive Maritime Claims, 3-6.
163. It seems certain that the United States and, conceivably, Russia run their nuclear submarines in the Canadian archipelago at least occasionally. See Willy Østreng, "Military Security - the Stumbling Block of Arctic Navigation?" (manuscript on file at the Fridtjof Nansen Institute, Lysaker, Norway, 1994), 3, 15, 17.
164. See Roach and Smith, Excessive Maritime Claims, 48.
165. This rough approximation is obtained by extrapolation from Willy Østreng, "The Geostrategic Conditions of Deterrence in the Barents Sea," in The Soviet Maritime Arctic, 204-205; William E. Butler, Northeast Arctic Passage (Alphen aan den Rijn: Sijthoff & Noordhoff, 1978), 15; and Henry Payne, III, "The Albacore: Back to the Future," Naval Institute Proceedings, April 1993, 105. See R. Douglas Brubaker, The Legal Status of Straits in Russian Arctic Waters - Internationally, INSROP Working Paper no. 57, Project IV.3.1 (Lysaker, Norway: International Northern Sea Route Programme, 1996), 33-37, for specifics regarding depths.
166. This rough approximation is obtained by extrapolation from Willy Østreng, "The Geostrategic Conditions of Deterrence in the Barents Sea," in The Soviet Maritime Arctic, 204-205; William E. Butler, Northeast Arctic Passage (Alphen aan den Rijn: Sijthoff & Noordhoff, 1978), 15; and Henry Payne, III, "The Albacore: Back to the Future," Naval Institute Proceedings, April 1993, 105. See R. Douglas Brubaker, The Legal Status of Straits in Russian Arctic Waters - Internationally, INSROP Working Paper no. 57, Project IV.3.1 (Lysaker, Norway: International Northern Sea Route Programme, 1996), 33-37, for specifics regarding depths.
167. This rough approximation is obtained by extrapolation from Willy Østreng, "The Geostrategic Conditions of Deterrence in the Barents Sea," in The Soviet Maritime Arctic, 204-205; William E. Butler, Northeast Arctic Passage (Alphen aan den Rijn: Sijthoff & Noordhoff, 1978), 15; and Henry Payne, III, "The Albacore: Back to the Future," Naval Institute Proceedings, April 1993, 105. See R. Douglas Brubaker, The Legal Status of Straits in Russian Arctic Waters - Internationally, INSROP Working Paper no. 57, Project IV.3.1 (Lysaker, Norway: International Northern Sea Route Programme, 1996), 33-37, for specifics regarding depths.
168. This rough approximation is obtained by extrapolation from Willy Østreng, "The Geostrategic Conditions of Deterrence in the Barents Sea," in The Soviet Maritime Arctic, 204-205; William E. Butler, Northeast Arctic Passage (Alphen aan den Rijn: Sijthoff & Noordhoff, 1978), 15; and Henry Payne, III, "The Albacore: Back to the Future," Naval Institute Proceedings, April 1993, 105. See R. Douglas Brubaker, The Legal Status of Straits in Russian Arctic Waters - Internationally, INSROP Working Paper no. 57, Project IV.3.1 (Lysaker, Norway: International Northern Sea Route Programme, 1996), 33-37, for specifics regarding depths.
169. Østreng, "The Geostrategic Conditions of Deterrence," 211.
170. See generally Don Barnett, "Sea Ice Distribution in the Soviet Arctic," in The Soviet Maritime Arctic, 47-62.
171. The Kara Gates Strait seldom freezes solid and even in hard winters does so only for brief periods.
172. See Figure 5 of this article. The Markham, Meyers, and De-Bruyn Straits qualify but lie outside the NSR.
173. Østreng, "Military Security - the Stumbling Block," 3, 7, and 8.
174. Østreng, "The Geostrategic Conditions of Deterrence," 204.
175. Morton, "Still a Priority," 134.
176. Payne, "The Albacore," 106-107. See, however, Boyle and Lyon, "Arctic ASW," 31-35.
177. Payne, "The Albacore," 106-107. See, however, Boyle and Lyon, "Arctic ASW," 31-35.
178. Peppe, "Submarines in the Littorals," 47; and W. J. Holland, "Diesel Boats Again?" Naval Institute Proceedings, June 1996, 13.
179. Peppe, "Submarines in the Littorals," 47; and W. J. Holland, "Diesel Boats Again?" Naval Institute Proceedings, June 1996, 13.
180. Russian Charts Nos. 951, 600, 948, 949, 951, 952, and 954 (obtained from CNIIMF through INSROP Project IV.1.2).
181. W. P. Houley, Rear Admiral, U.S. Navy, "2015," Naval Institute Proceedings, October 1993, 50.
182. Brubaker, The Legal Status of Straits in Russian Arctic Waters, 33.
183. See Kolodkin and Volosov, "The Legal Regime of the Soviet Arctic," 159-160, 162, 163.
184. See North Sea Continental Shelf cases, 1969 I.C.J. at 43; and Oppenheim's International Law, 9th ed., ed. Sir Robert Jennings and Sir Arthur Watts, vol. 1 (London: Longmans, 1992), 26-27.
185. See North Sea Continental Shelf cases, 1969 I.C.J. at 43; and Oppenheim's International Law, 9th ed., ed. Sir Robert Jennings and Sir Arthur Watts, vol. 1 (London: Longmans, 1992), 26-27.
186. Reisman, "The Regime of Straits," 60 n. 29. Leifer, Malacca, Singapore, and Indonesia, 161-162, notes that the straits of Malacca and Singapore have relevance to the United States only in principle. Any concession to Indonesian and Malaysian claims over these might set a precedent for submerged passage elsewhere, especially the Indonesian straits, which are deeper and hence crucial to passage of U.S. submarines to and from the Indian Ocean.
187. Reisman, "The Regime of Straits," 60 n. 29. Leifer, Malacca, Singapore, and Indonesia, 161-162, notes that the straits of Malacca and Singapore have relevance to the United States only in principle. Any concession to Indonesian and Malaysian claims over these might set a precedent for submerged passage elsewhere, especially the Indonesian straits, which are deeper and hence crucial to passage of U.S. submarines to and from the Indian Ocean.
188. John Barton, Professor of Law, Stanford University, Stanford, California, interview with Brubaker, Stanford, California, June 30, 1998. Barton notes that the U.S. Navy considers it unnecessary to enter domestic politics, including environmental standpoints contrary to its practice. Ibid.
189. See generally Nils Gleditsch and Sverre Lodgaard, Krigsstaten Norge (in Norwegian) (Oslo: Pax Forlag A/S, 1970), 37, 120-121, 151-153.