內(nèi)容說明講稿bevelikova

1、BevelikovaNelli MikhaylovnaHead of the Department of East Asian Legal StudiesInstitute of Legislation and Comparative Law under the Government of Russian Federation, PhDTHE NORTHERN SEA ROUTE - FROM STRATEGIC STABILITY TO EQUAL PARTNERSHIP IN THE ARCTIC1MAIN FEATURES OF LEGAL REGULATION OF THE ARCTI

2、CThe lack of system-legislative actThe predominance of a sectoral approachOnly a few regulations are contained in sectoral laws, regulating development in the ArcticThere are 67 federal laws in this area, but only 6 laws are dedicated to the development of the Arctic, in fact Lack of legal regulatio

3、n level;Quantitative prevalence of subordinate legislation on legislative acts;Fragmentation of legal regulationThe multiplicity and fragmentation of legal acts;The presence of gaps and contradictions in the legal regulationA large number of patchwork acts, which remained in force only a few rules;L

4、ack of legal regulation of social and economic issuesless than 5% of the economy devoted to federal laws regulating2FOREIGN ARCTIC STATES LEGISLATION ON ARCTICIN RELATION TO THERUSSIAN FEDERATION LEGISLATION3Common featuresAvailability of policy documents that define the Arctic policy objectivesThe

5、predominance of a sectoral approachThe absence of systemic laws establishing the basis of the legal regulation of the ArcticDistinctive features of the other Arctic states legislationThe desire to use the law as the main regulatorIncreased number of targeted legislationThe unification of legislation

6、 (the Scandinavian countries)INTERNATIONAL LEGAL REGULATION OF ARCTICMultilevel international legal regulation: global, regional and bilateral;Limited use of the global international legal instruments;The absence of an international treaty that defines the legal status of the Arctic;Fragmentation of

7、 international legal regulation of Arctic issues;The presence of Arctic regional international organizations, primarily using soft law rules (the Arctic Council, and others.)THE DRAFT FEDERAL LAWOn the development of the Arctic 5Chapter 1. General ProvisionsChapter 2. Managing the sustainable develo

8、pment of the Arctic zone of the Russian FederationChapter 3.Guarantees of the rights of persons living and working in the Arctic zone of the Russian FederationChapter 4.Features of state regulation in the field of sustainable development of the Arctic zone of the Russian FederationChapter 5. State s

9、upport for activities carried out in the Arctic zone of the Russian FederationChapter 6. International cooperation in the field of sustainable development of the Arctic zone of the Russian FederationPROJECTED TRENDS IN THE DEVELOPMENT OF THE ARCTIC RIGHT IN THE MEDIUM TERM6 Offset Balance of interna

10、tional law, regional and national legal regulation of the Arctic for the benefit of the national regulatonThe impact of extra-legal, including climatic factors on the development of the Arctic rightEnhancing the role of law as a regulator of the development of the Arctic region and the failure of th

11、e replacement of law-makingIncreasing the level of legal regulation, including the adoption of specific legislation (federal laws on the development of the Arctic, on the status of the Northern Sea Route, and others.)Using the whole spectrum of the legal impact of the measures (from the imperative,

12、prohibitive and restrictive to discretionary and incentive)Improvement of law enforcement, including in the direction of strengthening the existing international and national legal controlsProviding additional powers to the Arctic regions of the Russian Federation7DIRECTIONS TO MOBILIZE LEGAL RESOUR

13、CESNational legal component:1. Comprehensive federal laws:On the development of the Arctic;2. Special federal laws:On the Northern Sea Route.On special economic zones in the Arctic;On special regime of subsoil use in the Arctic;On the innovation and research centers of the Arctic;On the development

14、of traditional and other forms of management of Arctic indigenous peoples;On additional measures of social support for the population of the Arctic;On the development of ecological, historical and cultural tourism in the Arctic, etc.8LEGAL ENGINEERING DEVELOPMENT IN THE ARCTICInternational legal com

15、ponentInternational treaties:On the basis of cooperation in the Arctic;On environmental protection of the Arctic;On the protection of the Arctic marine environment of the Arctic;On regulation of harvesting of living marine resources;On the prevention and elimination of consequences of natural and ma

16、n-made disasters in the Arctic, and others.According to US Geological Survey estimates, the ice cap hides 30% of the worlds gas reserves and 13% of world oil reserves. Under the ice of the Arctic contains around 83 billion barrels of oil (about 10 billion metric tons).The Arctic is an important tran

17、sport route: the Northern Sea Route, which runs along the Arctic coast of Russia, would be allowed to reduce the length of the popular truck route Shanghai-Hamburg at 6400 km compared to the current route (through the Strait of Malacca and the Suez Canal). Professionals estimated that it saves the w

18、eek of the way and an average of 650 thousand dollars. Fuel costs for each vessel.The new axial sea routebetween the Atlantic and Pacific oceans meets geostrategic interests of new different countries. Warranty terms and warranty rights in the decision of cases received in the Arctic, Japan, Korea, India, Singapore and Italy.The appearance of a