International Law and National Strategy

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1 International Law and National Strategy Anti-Access and Area Denial in the High North CDR James Kraska, JAGC, USN Howard S. Levie Chair of Operational Law U.S. Naval War College 10 March 2010 Distribution Statement A: Approved for public release; distribution is unlimited.

2 Small scale conflict possible Major armed conflict unlikely China, Japan, and Korea will benefit most Climate favors Russia over Canada 2

3 Global Mobility 3

4 Northern Sea Route I Laptev Sea East Siberian Sea Dmitry Laptev Strait 30 nm Sannikov Strait 30 nm Kara Sea and Laptev Sea Vilkitskiy Strait 30 nm Barents Sea Kara Sea Kara Gate Strait 13.5 nm 4

5 Russia: Arctic Superpower I 5

6 Russia: Arctic Superpower II 6

7 Northern Sea Route Notification 4 months CDEM standards Route management POSIT reports 2x/day Financial security for civil liability Transit fees (beyond costs of services rendered) Discriminatory fees (Art. 227) 7

8 Russian Encroachment? 8

9 Canadian Air Defense 9

Arctic Shipping Laws Russia Guide to Navigation through the Northern Sea Route", 1996 Regulations for Navigation on the Seaways of the Northern Sea Route, 1991 Regulations for Icebreaker Assisted

10 Arctic Shipping Laws Russia Guide to Navigation through the Northern Sea Route", 1996 Regulations for Navigation on the Seaways of the Northern Sea Route, 1991 Regulations for Icebreaker Assisted Pilotage of Vessels on the NSR, 1996 Requirements for Design, Equipment, and Supply of Vessels Navigating the NSR,1996 Canada Arctic Waters Pollution Prevention Act (1970) Arctic Waters Pollution Prevention Regulations Arctic Shipping Pollution Prevention Regulations Canada Shipping Act (2001) Ice Navigation in Canadian Waters (CCG) 10 10

11 Canadian Sovereignty 11

12 Canadian Arctic Waters Request for consent for state vessels 4-12 months advance Report to NORDREG on entry into zone and 1x /day (1600 UTC) Required 96-hour advance notice (Marine Security Regulations) 12 12

Freedom of Navigation Russia Must maintain selected route unless under RF ice pilot Icebreaker usage mandatory at choke points Canada Fixed: Shipping

13 Freedom of Navigation Russia Must maintain selected route unless under RF ice pilot Icebreaker usage mandatory at choke points Canada Fixed: Shipping Safety Control Zones Zone-date system based on vessel/crew capability Flexible: Arctic Ice Regime Shipping System (AIRSS) based on actual ice conditions 13

14 NORDREGS 14

15 Liability Russia Demonstration of civil liability protection required Mandatory inspection prior to use of NSR Spot inspections any time Canada Compliance with Marine Liability Act (Based on the Civil Liability Convention) Vessels subject to Port State Control Spot inspections any time 15

16 Crewing Russia Two ice pilots required Ship crew must be able to maintain three watch system Master must have 15 days NSR ice experience Master maintains ultimate control despite ice pilots and directions from shore command Canada Certified ice navigator required: (1) a tanker, at all times, and (2) ships, other than a tanker, as detailed in Schedule VIII of the ASPPRs Ice navigator must be qualified master or person in charge of deck watch for at least 50 days, with at least 30 days in Arctic waters Master maintains ultimate control despite ice pilots and directions from shore command 16 16

construction requirements Canada Zero-discharge of waste Bilge water discharge restrictions (Ballast Water Control and

17 Vessel-source Pollution Regulation Russia Wastewater treatment facility with 30 day holding tank Bilge water separator Bilge water and garbage discharge restrictions Double bottom with no storage on petroleum products and other construction requirements Canada Zero-discharge of waste Bilge water discharge restrictions (Ballast Water Control and Management Regulations 2006) No potential pollutants allowed on ship side or bottom and other construction and equipment requirements 17

18 Thank you 18

19 Chinese icebreaking in the Yellow River 19

The Polar Code and the Canadian Arctic

The Polar Code and the Canadian Marie Hélène Roy Transport Canada, Marine Safety and Security E Navigation Underway (North America) St. John s NF, October 17 th, 2017 Overview 1. Overview of Canada s Marine