In the modern history of the Russian Federation, despite the measures taken, continue to exist so-called disputed territories, that is inconsistent land on the border between our country and neighboring states with it.
One of these sites is the northern Bering Sea.
Considering the history of this issue should be noted that the decision of the Presidium of the USSR Central Executive Committee of 15 April 1926 the eastern border of the sovereignty of the USSR adopted the meridian passing in the middle of the strait between the islands Ratmanov (USSR) and Krusenstern (USA), which coincides with the line of demarcation previously defined by the Treaty concluded between Russia and the North American United States March 18, 1867 "On Assignment Russian North American colonies." However, these documents did not consider issues of establishment and legal consolidation of economic zones of neighboring countries. Such a situation existed for about 50 years.
Decree of the Presidium of the Supreme Soviet of the USSR "On temporary measures for the conservation of living resources and fisheries management in marine areas adjacent to the coast of the USSR" of December 10, 1976 № 4851-IX and U.S. law "On the conservation of fish stocks and fisheries management" of 1 March 1977 were established economic zones of 200 nautical miles wide, which a number of areas overlap. To resolve this contradiction by the United States were asked to distinguish between sea areas in the Bering Sea on the line established Russian-American Convention of 18 (30) March 1867 February 24, 1977 in the Soviet Union was accepted by the Council of Ministers № 163 "On the introduction of interim measures for the conservation of living resources and fisheries management in the Pacific and Arctic oceans, adjacent to the coast of the Soviet Union, "which has a link to the document.
But due to the fact that the convention in 1867 was not specified a particular line of demarcation, but only its direction, the parties have chosen a more profitable options for its definition. As a result, the United States chose the great circle (shortest line between two points on the earth's spheroid (on the map — a bend in the direction of the nearest pole, on the surface — straight)), and the USSR rhumb line (straight line between two points on the plane (on the map — a line on a surface — bending away from the nearest pole)). In the end, the partners agreed that the disputed areas should be distinguished on the basis of the "pragmatic line", that is, midway between the rhumb line and great circle. This led to the formation in the Bering Sea disputed area of 1800 km and a total area of 70 thousand square meters. km.
Negotiations on this issue took place, although after signing USSR Council of Ministers on February 24, 1977 № 163 sides exchanged notes, and by the Soviet Union was an oral statement in which the geographical coordinates of one of the parts of the disputed area, transmitted to the United States in hoping to appropriate compensation:
"In this Feb. 24, 1977 was made at the urging of fishermen following important oral statement:" In connection with the entry into force on 1 March this year, the American law on the conservation and management of fisheries, as well as the enactment of the decree of the Presidium of the Supreme Soviet of the USSR "On Interim Conservation and fisheries management in marine areas adjacent to the coast of the USSR, "the delimitation of sea areas with the United States under the Russian-American Convention in 1867 to the U.S. fishing zone will plot located in the middle of the Bering Sea, bounded coordinates are: 58 degrees 51 minutes. sowing. wide., 178 degrees 50 minutes. app. dollars., 61 degrees 45 minutes. sowing. wide., 176 degrees 30 minutes. app. dollars. and 60 degrees 00 minutes. sowing. wide., 179 degrees 40 minutes. app. dollars.
In this part of the USSR fishing fleet catches about 150 thousand tons of fish, including pollock — 100, herring — 20-30. Cod — 5, halibut — 4-5 and flounder — 3 tons.
Given the above, the Soviet Union expects that the U.S. side in the allocation of the total fish catch quotas for Soviet fishing vessels will be considered the catch lost by our courts in this area. "
February 21, 1979 by the Decree of the Presidium of the Supreme Soviet of the USSR № 8908-IX were specified geographical coordinates of the demarcation line (in the decree of the USSR Central Executive Committee of 15 April 1926 the numerical value of the meridian 168 ° 49'30 "changed by 168 ° 58'49, 4 ").
In 1990, an attempt was made to resolve existing conflicts. June 1 in Washington Agreement between the Union of Soviet Socialist Republics and the United States of America on the maritime boundary, in accordance with article 7 of which is subject to ratification and shall enter into force on the date of exchange of instruments of ratification.
The Foreign Affairs Committee of the U.S. Congress so designated at the time plus the "Agreement on the maritime boundary": first, the agreement will eliminate a significant source of political differences between the United States and the Soviet Union, and secondly, the contract will settle disputes concerning the production and development of fish mineral resources in the seabed, thereby legally confirmed the possibility of the development of these activities, and thirdly, the agreement will provide a legal assignment to the United States 70% of the Bering Sea, and fourthly, the agreement will put an end to the persecution of American fishermen in the sea areas between Alaska and Siberia.
In turn, the newspaper "Washington Post", the 09/17/91 stated: "In defense of the agreement the State Department said that 70% of the Bering Sea is under the jurisdiction of the United States and give the country at 13,200 square meters. nautical miles more space than if the line was at an equal distance between the coasts. "
Despite the fact that these agreements or the Soviet Union or the Russian Federation has not ratified, its provisions shall apply from 15 June 1990 on the basis of the exchange of notes of June 1, 1990 between the Minister of Foreign Affairs Eduard Shevardnadze and U.S. Secretary of State D . E. Baker. Consent to the provisional application of the Agreement has been given by the Government of the USSR from May 30, 1990 № 532.
In accordance with the agreement as a basis for the maritime boundary was taken orthodrome, and in fact the line connecting the geographical positions identified in the Annex to the Agreement. Since an application to determine the location, the combination of which gives the geodesics common line of the maritime boundary. However, some of them (with the number 47 to number 57) is located within the open sea ("Blue Zone"), and therefore the line passing through them, as it were, and divides it between the parties to the Agreement. This is contrary to international law, enshrined in Articles 76 and number 89 of the UN Convention on the Law of the Sea of 10 December 1982, as the Russian Federation entails loss of the exclusive right to the utmost limits of the continental shelf and the use of its resources, the loss of any third country at sea.
According to the agreement as a result of division of the USSR and the United States withdrew the following areas in marine areas (Figure 1):
the USSR — Areas A and D. Total 6.6 km2, of which 4.6 km2 in the open central Bering Sea;
to the U.S. — areas A (passed the USA in 1977), B and C — 77.4 km2, of which more than 66 km2 in the open center of the Bering Sea.
Thus, the U.S. received a maritime area of more than 12 times larger than the space to retreat to the Soviet Union, not only the rich aquatic biological resources, including the promising oil and gas fields "Navarino" and "Aleut."
In addition, in paragraph 2 of the Council of Ministers "On the maritime delimitation with the U.S." The Ministry of Foreign Affairs was instructed to make an agreement with the United States on the provisional application of the Agreement before its entry into force. It came in a violation of the Law of the USSR of July 6, 1978, "On the order of the performance or denounce international treaties of the USSR," which establishes a procedure for "temporary use".
Due to the fact that in Russian society did not stop the debate about non-compliance of the provisions of the Agreement the economic interests of the country, on 5 July 1996, the Council of the Federal Assembly of the Russian Federation № 524-1 adopted a resolution which recommended that the President of the Russian Federation to submit a draft federal law "On the ratification agreement between the USSR and the USA on the maritime boundary "in the State Duma of the Federal Assembly of the Russian Federation to address the above issues. A similar decision was taken by the State Duma and in the decision of April 7, 1995 № 671-1. However, the hearing on this question was not fully carried out: February 8, 1996 issue of the ratification of the Agreement was considered only in the State Duma Committee on Geopolitics.
Another attempt to resolve the problem of delimitation of maritime areas between the Russian Federation and the United States in the Bering Sea at the international level was made in 1999.
23 January President of the Russian Federation requested № Pr-91 Russian Prime Minister was charged not weaken efforts to address the issue of fishing in connection with the delimitation of the maritime areas in the Bering Sea, to solve these issues in the framework of the Russian-American Commission on Economic and Technological Cooperation.
Pursuant to the order by the Russian side, draft agreement on the sustainable management of biological resources in the North Bering Sea. The document provides for the establishment on both sides of the maritime boundary area harmonized regime inventory management pollock with their seasonal distribution in the exclusive economic zones of Russia and the USA.
In 1999, a dispute broke Alaska. In its resolution HJR-27 state parliaments took the legitimacy of borders between the U.S. and Russia, since June 1, 1990 U.S. Secretary of State James Baker signed the agreement on "maritime borders" without the participation of Alaska in the negotiations and without the consent of the State of the agreement. Therefore, the Parliament of Alaska believes that "since the U.S. Department is negotiating with the Russian government to revise maritime boundaries with the purpose of removing the American side an additional 40, 000 square miles of ocean and seabed, which may provide the 300 million pounds of catch without any was qui pro quo for the U.S. … the proposed contract should be annulled and new negotiations should be held with the participation of the State of Alaska, and the conditions of the new agreement relating to territory, sovereignty or property of the State of Alaska, should be taken only with the consent of that state. "
Alaska does not agree with the "transfer under Russian jurisdiction Wrangel Island, Herald, Bennett, Henrietta, Copper, sea lions and sea otters," even though these islands have never been under the jurisdiction of the United States.
June 14, 2002 (after repeated examinations in 1995, 1996 (twice) and 1997) The State Duma of the Federal Assembly of the Russian Federation adopted Decree № 2880-III SD, which noted that "as a result of the maritime boundary in accordance with the Agreement in the Bering sea to the United States withdrew: part of the exclusive economic zone of the USSR area 23.7 thousand square kilometers, in fact transferred to the Soviet Union to the United States in 1977, part of the exclusive economic zone of the USSR area 7.7 thousand square kilometers area of the continental shelf area of 46.3 thousands of square kilometers in the open central Bering Sea, located beyond 200 nautical miles from the baseline. In this area of the continental shelf, who quit in the Bering Sea to the Russian Federation, was only 4.6 square kilometers.
In a separate section of the exclusive economic zone of the United States at the expense of unnecessarily assigned area of the exclusive economic zone of the USSR exceeded the distance of 200 nautical miles from the baseline, which is contrary to article 57 of the United Nations Convention on the Law of the Sea (1982).
According to experts, the total losses of the Russian fishing industry in the application of the Agreement amounted to approximately 2.8 million tonnes of fish worth over U.S. $ 1.4 billion. "
In the following discussion, it was decided to instruct the Committee of the State Duma Security Committee of the State Duma Committee on Foreign Affairs and the State Duma Commission on geopolitics to form a working group with the participation of prominent experts to conduct more thorough examination of the Agreement for its compliance with the long-term interests of the Russian Federation and the preparation proposals aimed at minimizing the Agreement relating to the implementation of damage to the Russian Federation.
Among other things, during the signing of the Agreement of June 1, 1990 marked the procedural violations. So in the instance described his Russian title: "On the maritime boundary," and in the U.S. — "On the division line of the border." However, the international instruments drawn up in two or more languages, to be perfectly identical.
Currently in the design stage is the agreement between the two governments in the enforcement of legislation governing fisheries in the Bering Sea. Has for more than five years, representatives of the parties contributed their suggestions and debates.
To work in this direction in 2005, Washington was a delegation representing the Border Service of the Russian Federation. It included representatives of the International Cooperation Department of the FSB of Russia, GMI control in the field of ICBM SS Federal Security Service, Department of the State Control Centre border SVPU BO FSB. Meetings of the sub-working group of border agencies were the U.S. and Russia together with the working group of the Office of the conservation of marine resources, the U.S. State Department and the Federal Agency for Fisheries of the Ministry of Agriculture, which has offered a draft agreement on the sustainable management of bioresources of the northern Bering Sea.
In turn, the U.S. side has proposed a draft agreement on cooperation in the protection of biological resources and a memorandum on scientific cooperation in the field of fisheries.
It is possible that the American side during the consideration and adoption of the document will try to secure a legally disputed waters through the conclusion of a set of international treaties and agreements.
In 2005, in connection with the ongoing debate on the issues and allegations against the persons signing the Agreement in 1990, the Russian Foreign Minister Sergei Lavrov said: "Just a misunderstanding, as if something about the maritime boundary here was done" secretly ". In the development of an agreement with the United States on our side representatives of six departments. Collegial decision on negotiating positions taken by them seven times. The draft agreement was approved by the Council of Ministers on May 30, 1990 № 532 "On the maritime delimitation with the U.S.," which was published in the usual manner. On behalf of the government agreement signed by the Minister of Foreign Affairs. "
The press service of the U.S. State Department a request for comment was heard at Moscow in recent calls for rejection of this agreement, the boundary between economic zones and continental shelf of Russia and the U.S. in the Chukchi and Bering seas, said that the U.S. comply with the so-called Baker-Shevardnadze agreement and do not intend him to reconsider.
Currently, at the initiative of the American side there is a draft of an international Biosphere Park "Beringia", the territory of which should include the Seward Peninsula (USA), Chukotka and the Bering Strait. Under this project the border between the U.S. and Russia should be protected boundary waters. The status of the park also provides for the withdrawal of all military forces from the region.
Even the Council of Ministers of the RSFSR in 1990, signed an order № 1349-r on the establishment of the Bering Strait region of the Soviet-American international park. A August 19, 1994 published an ordinance already RF Government № 1338-r of which said that a draft government decree on the organization in the Chukotka Autonomous District National Park "Beringia" Ministry of Russia in connection with the agreements reached during the visit to the highest level in the U.S. and Canada.
These solutions can significantly aggravate the situation with the territorial integrity of the Russian Federation and the jurisdiction of the original Russian territories, as the project "Beringia" provides, in particular, joint management and demilitarization of that territory.
Thus, in a "positive" decision on this question Russia could lose its sovereignty over a large part of its territory, which is not allowed is not under any pretext.