Arctic researcher Rebecca Pincus, head of the Polar Institute at the Wilson Center, a think tank, voiced a similar analysis of the situation during comments to HNN earlier in the week.
“I would imagine that its progress will be carefully monitored by the Russians.”
Russian rules are a custom
As a state vessel Healy is not subject to requiring authorisation for transit on the NSR and even the Russian requirements for commercial vessels to obtain a permit to travel along the route are not based on international law Baudu emphasizes.
“The NSR regulations are not derived from international regulations. It is simply a custom,” he explains.
Under international law of the UN Convention on the Law of the Sea (UNCLOS) Healy would be permitted to transit the route without prior authorization from Russia, as other state vessels have done in the past.
“It could very well transit along the NSR without requesting anything from Russia. This was the case in September 2018 with the French navy vessel Rhône,” Baudu continues.
“We will have to follow this event to see how the Russians react. But they have no regulatory argument to prevent this ice-breaker [Healy] from going its own way!”
The case would be different if the vessel were to carry out oceanographic survey work in Russia’s Exclusive Economic Zone (EEZ), at which point it would require authorization from the coastal state.
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September 06, 2023 at 05:13PM
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Russian Government Vessel Continues to Follow US Coast Guard Icebreaker on Northern Sea Route - High North News
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