ISSUES OF INTERNATIONAL-LEGAL AND NATIONAL-LEGAL REGULATION IN THE ARCTIC (COMPARATIVE LAW ANALYSIS)

It is not only the eight Arctic countries who have been recently showing their interest in the Arctic areas. Other countries in Europe, Asia, and America claim their presence in the Arctic, even those who are geographically located in a different hemisphere and could hardly be called circumpolar. For example, Germany, Japan, India, South Korea, China, Brazil and about 20 other countries have declared their determination to develop fields in the Arctic shelf areas. Moreover, China, India, Singapore and some other countries have already been developing strategies to use the Northern Sea Route in the Arctic. It is necessary to note that at the constitutional level all Arctic countries regulate issues related to the Arctic in different ways (both directly and indirectly). In particular, most of the constitutions contain provisions on the rights of indigenous peoples which are equally applicable to the Arctic region, as the number of indigenous peoples in the Arctic amounts to about 400 000 people. Besides, at the national level all Arctic countries have basic programs like “Arctic Documents” or a special “Arctic legislation” (except for Finland and Sweden). In this study we analyze the main basic program documents and legal regulations governing this sector in the Arctic countries, define optimal balance between the national and international legal regulation in determining the legal regime in the Arctic region.