USSR - USA agreement of 1990 must be reviewed
In the 70s USSR Foreign Ministry enlisted the services for the expertise at “new border” between the neighbors in the Bering Sea, a specialist in this problem long-distance cruise captain A.V. Levchenko. Alas, the suggestions of Dalryba included in the documents of those years, were later annihilated by the Agreement of 1990.
Under the decision of 1973 the there began preparation for the Convention on marine jurisdiction. In 1982 it was adopted by 160 states, then sent out to all the participant states for ratification. After all the formalities in 1994 it came into force and its conditions became obligatory for all the countries. The Convention was sanctioned by the UNO General assembly.
1982 Convention declared freedom of fishery and navigation in the open sea and the right of the states to regulate fishery in their 200-miles zones. Also there were established the rights of the states for the continental shelf adjoining the coasts and islands.
The states, the coast of which are washed by the closed or semiclosed sea, were given the right to regulate the catch of the migrating species of fish in the anclaves, formed by inner borders of the economic zones of such states.
1982 Convention defined and established the order of counting out the coordinates of borders of territorial waters and 200 miles of economic zones. The basis assumed was the method of equal distances from coasts of adjacent or opposite states. It also admitted the definition of borders by agreements. Unilateral establishment of borders with violation of condition is prohibited.
The states have no right to spread their jurisdiction on the region of the open seas.
Attention should be paid to the following circumstances: 1990 Russia – USA Agreement was signed 7 years after the above-mentioned UNO Convention on marine jurisdiction and execution.
In 1867, while signing the Russian-American Convention, all the countries of the world, the USA including, used the charts composed on the Mercator projection. On such charts the lines, connecting two geographical points are straight, that is laxodormy. That is why the line, connecting two points, indicated in the Convention at the cape Chukotsky and Medny Isle, equally distant from the coasts of Russia and the USA is direct, charted according to the Mercator system.
If we suppose, that orthodromy was meant, then necessarily the coordinates of the intermediate point should have been mentioned.
In the USA in 1860 - 1880 there was the demarcation of borders between states, for this purpose they drew on the Mercator chart straight lines - laxodromies. The same method was used in 1867 at the signing of Russia-American Convention.
In 1955 and 1984 geodesists of the USA, unilaterally with quite a define aim, worked out the “new” line, connecting in the Bering Sea the two above mentioned in 1867 Convention points - orthodromy, having not coordinated this with the representatives of the USSR.
Such a line, drawn on the Mercatro Chart presents an arch, curved towards the North Pole, in this case towards the coast of Russia. Thus the USA tears away in its favor more than 15 thousand square miles of our economic zone with its fish and other resources.
In 1976 the USA and in 1977 the USSR adopted the laws about 200 miles economic zones adjacent to their coasts.
Participants of the Convention on marine jurisdiction in 1982 the USA and the USSR signed in 1990 “Agreement on demarcation of sea spaces”: on part of the USA State Secretary Beccer, on part of the USSR Shevarnadze who exceeded the authority. In the USA the Agreement was soon ratified. In USSR and later Russia the 1990 Convention has not been still ratified.
International marine legislation. 1982 Convention does not contain such a notion line “demarcation of sea spaces”. Acceptance of the notion “demarcation of sea spaces” will entail negative consequences for Russia and other states.
This “line” tears away in favor of the USA rich in resources region up to the 59 degree and cuts out the eastern part of the “anclave”. As a result, our boats catch fish not “at home”, but in the open sea this is not the same.
Illegally tearing away with the help of “orthodromy” a large region, belonging to the USSR in the Bering Sea, the USA make a “concession” giving the USSR several sectors which already belong to it. In the Chukotsk Sea the USSR even in 1924 declared the state border, going from the South to the North along the meridian defined as far back as in 1867 Russia-American Convention. But the USA annexed from the USSR in its favor the sector located to the West of the meridian that is the border and then ceded it to the USSR!
On what basis do the USA consider that in the Bering Sea they may be guided by the line drawn in 1867 and in the Chukotsk Sea taking liberties is permitted?
1990 Agreement
In its preamble there is a phrase of exercising jurisdiction “for any purposes”. 1807 Convention is only “mentioned”, but its conditions are not considered.
The notion “demarcation of sea spaces” is introduced which is nowhere to be found in the documents on International marine jurisdiction and UNO Convention on Marine law of 1982. In drawing “the line connecting geographical points”, that is orthodromy (art. 2 par. 2 and 3 of the Agreement), USSR’s geodesists did not take part thus it cannot be accepted as “the coordinated line.” The Chart was not addednded to the Agreement, though time to do it was quite enough. Appendix provided by the Americans party with coordinates does not provide clear understanding for the persons who had the right to sign the Convention.
1990 Convention does not point out the limits of its duration, the term of duration or its prolongation.
Article 4 can not be considered operable as the notion “line of demarcation of sea spaces” is never defined in any documents of International law and also in the 1982 UNO Convention on Marine Law.
Article 6 of the Agreement does not mention the right of the parties to take any disputable matters to the International Court.
In short I defined the main articles of the 1982 UNO Convention on marine law. I hope the Convention will be published in greater edition and will be accessible to the fishermen of Russia.
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