LEGAL REGULATION OF PREVENTION AND ELIMINATION OF OIL SPILL INCIDENTS IN THE ARCTIC REGION
DOI:
https://doi.org/10.22478/ufpb.2179-7137.2020v9n03.51673Palavras-chave:
Arctic, oil spills, environmental security, Arctic CouncilResumo
Nowadays, as the significance of the Arctic is increasing, the international community faces new challenges. At the present time, Arctic states (Russia, USA, Canada, Denmark and Norway) continue to prepare to the beginning of the large-scale oil and gas resource development of the Arctic offshore. However, discovering and exploitation of the hydrocarbon deposits endanger the fragile ecosystem of the region. In this type of economic activity, oil spills present the greatest hazard to the environment. The article considers activity of the Arctic Council in this area, as well as the international and national legal regulatory mechanisms to ensure environmental security in the Arctic.
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Referências
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Peterson CH, Rice SD, Short JW, Esler D, Bodkin JL, Ballachey BE and Irons DB, “Longterm Ecosystem Response to the Exxon Valdez Oil Spill” (2003) 302(5653) Science 2082–2086. http://www.afsc.noaa.gov/publications/misc_pdf/peterson.pdf.
Potter S, Buist I, Trudel K, Dickins D, Owens E (ed. by D Scholz) Spill Response in the Arctic Offshore (American Petroleum Institute, Washington, 2012). http://www.api.org/~/media/files/ehs/clean_water/oil_spill_prevention/spill-response-in-the-arctic-offshore.ashx.
Declaration on the Establishment of the Arctic Council, Ottawa 1996, http://library.arcticportal.org/1270/1/ottawa_decl_1996-3..pdf.
Kiruna Declaration: On the Occasion of the Eighth Ministerial Meeting of the Arctic Council 15 May 2013, http://www.state.gov/r/pa/prs/ps/2013/05/209405.htm.
Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic, Kiruna 2013, http://www.state.gov/r/pa/prs/ps/2013/05/209406.htm.
On Signing the Framework Plan of Cooperation on Prevention of Arctic Sea Areas Oil Pollution as a Result of Oil and Gas Activity and Navigation. Decree of the Russian Federation Government No 721-r of 23 April 2015. http://government.ru/media/files/pjRl37A6Ef25450xXFbBws3tvNrnC0cY.pdf.
International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 (MARPOL 73/78) (with amendments by September 26, 1997).
International Convention on Civil Liability for Oil Pollution Damage (CLC), adoption: 29 November 1969; Entry into force: 19 June 1975; Being replaced by 1992 Protocol: Adoption: 27 November 1992; Entry into force: 30 May 1996. www.imo.org/en/About/conventions/listofconventions/pages/international-convention-on-civil-liability-for-oil-pollution-damage-(clc).aspx.
International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (FUND), adoption: 18 December 1971; Entry into force: 16 October 1978; superseded by 1992 Protocol: Adoption: 27 November 1992; Entry into force: 30 May 1996. http://www.imo.org/en/About/conventions/listofconventions/pages/international-convention-on-the-establishment-of-an-international-fund-for-compensation-for-oil-pollution-damage-(fund).aspx.
Agreement between the Government of Canada and the Government of the Russian Federation concerning Environmental Cooperation. Entry into Force 08 May 1993. http://www.treaty-accord.gc.ca/details.aspx?id=101232.
Agreement between the Government of the United States of America and the Government of the Union of Soviet Socialist Republics concerning cooperation in combatting pollution in the Bering and Chukchi Seas in emergency situations. Entry into Force 17 august 1989. http://treaties.un.org/doc/Publication/UNTS/Volume%202190/v2190.pdf.
Agreement between the Government of the Russian Federation and the Kingdom Denmark Government about cooperation in the field of environmental protection (framework agreement). Entry into Force 05 January 1993. http://iea.uoregon.edu/page.php?query=treaty_info&mitch_id=4807.
The Agreement between The Kingdom of Norway and The Russian Federation concerning Cooperation on the Combatment of Oil Pollution in the Barents Sea. Entry into Force 28 April 1994.
On the Continental Shelf of the Russian Federation. Federal Law No 187-FZ of November 30, 1995 (with the latest amendments of May 2, 2015). http://www.kremlin.ru/acts/bank/8557; On the Internal Sea Waters, the Territorial Sea and the Contiguous Zone of the Russian Federation. Federal Law No 155-FZ of July 7, 1998 (with the latest amendments of June 7, 2013). http://www.kremlin.ru/acts/bank/12742.
On the Organization of the prevention and response to the oil and oil-product spills on the continental slelf of the Russian Federation, in internal sea waters, in territorial waters and in the contiguous zone of the Russian Federation. Decree of the Russian Federation Government No 1189 of from 14.11.2014. http://government.ru/media/files/itTTFoW6OjM.pdf.
On Approval of Stringent Regulations in the Seaport of Mezen. Order of Department of Transportation of Russia No 184 of July 9, 2014. On Approval of Stringent Regulations in the Seaport of Murmansk. Order of Department of Transportation of Russia No 222 of August 12, 2014. On Approval of Stringent Regulations in the Seaport of Varandey. Order of Department of Transportation of Russia No 464 of December 12, 2013; etc. http://pravo.gov.ru/proxy/ips/?docrefs.xml=&oid=102133358.
Conception of the project of the Federal Law “On the protection of the seas of the Russian Federation from the oil pollution” developed by the working group organized by the Russian WWF (V. K. Gorokhov, V. L. Mishchenko, G. N. Semanov, A. Yu. Knizhnikov, E. N. Khmeleva). Moscow, 2009. www.wwf.ru/data/pub/oil/concept_sea_oil.pdf.
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Publicado
2020-04-23
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V. KRIPAKOVA, A. . LEGAL REGULATION OF PREVENTION AND ELIMINATION OF OIL SPILL INCIDENTS IN THE ARCTIC REGION. Gênero & Direito, [S. l.], v. 9, n. 03, 2020. DOI: 10.22478/ufpb.2179-7137.2020v9n03.51673. Disponível em: https://periodicos.ufpb.br/ojs/index.php/ged/article/view/51673. Acesso em: 19 nov. 2024.
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