Jan Solski - Academia.edu (original) (raw)

Papers by Jan Solski

Research paper thumbnail of ‘One Map to Rule Them All’? Revisiting Legalities Through Cartographic Representations of the Northwest Passage

Ocean Development & International Law

Research paper thumbnail of The Genesis of Article 234 of the UNCLOS

Ocean Development and International Law, Jan 2, 2021

Abstract Article 234 is exceptional regarding its wording and placement in the United Nations Con... more Abstract Article 234 is exceptional regarding its wording and placement in the United Nations Convention on the Law of the Sea (UNCLOS), as well as in its historical background. The Arctic provision has given rise to divergent interpretations regarding the conditions for invoking it, the limitations on the authority under Article 234, and its spatial scope of application. It has served as a justification for specific legislation adopted by Canada and Russia that has been opposed by the United States. The article, describes as a “textbook example of finding a compromise in international treaty negotiations,” was negotiated directly and privately, among these three states during the Third United Nations Conference on the Law of the Sea (UNCLOS III). This article describes the historical background to Article 234 and sheds new light on the negotiating process that led to the adoption of the provision.

Research paper thumbnail of The ‘Due Regard’ of Article 234 of UNCLOS: Lessons From Regulating Innocent Passage in the Territorial Sea

Ocean Development and International Law, Oct 2, 2021

Article 234 of UNCLOS is in many ways exceptional, but it is not unique in the sense that it gran... more Article 234 of UNCLOS is in many ways exceptional, but it is not unique in the sense that it grants to the coastal state "complete" legislative power. Arguably, "complete" coastal state jurisdiction exists in the territorial sea for the purposes enumerated in Article 21(1), allowing coastal states to adopt ship reporting systems, pilotage, and other routing measures unilaterally. The analysis of state practice reveals that states often decide to engage the International Maritime Organization (IMO) in different ways, even when such a course of action is not mandatory. This article advocates for meaningful deliberation as both a suitable method of meeting Article 234's due regard standard, and a practice that can be expected from a steward.

Research paper thumbnail of The Polar Code Process and Sovereignty Bargains: Comparing the Approaches of Canada and Russia to POLARIS

Ocean Development & International Law

Research paper thumbnail of Waste Management on Fishing Vessels and in Fishing Harbors in the Barents Sea: Gaps in Law, Implementation and Practice

Ocean Development and International Law, Dec 2, 2022

Research paper thumbnail of Commercial Arctic shipping through the Northeast Passage: routes, resources, governance, technology, and infrastructure

Polar Geography, 2014

The Russian and Norwegian Arctic are gaining notoriety as an alternative maritime route connectin... more The Russian and Norwegian Arctic are gaining notoriety as an alternative maritime route connecting the Atlantic and Pacific Oceans and as sources of natural resources. The renewed interest in the Northeast Passage or the Northern Sea Route is fueled by a recession of Arctic sea ice coupled with the discovery of new natural resources at a time when emerging and global markets are in growing demand for them. Driven by the expectation of potential future economic importance of the region, political interest and governance has been rapidly developing, mostly within the Arctic Council. However, this paper argues that optimism regarding the potential of Arctic routes as an alternative to the Suez Canal is overstated. The route involves many challenges: jurisdictional disputes create political uncertainties; shallow waters limit ship size; lack of modern deepwater ports and search and rescue (SAR) capabilities requires ships to have higher standards of autonomy and safety; harsh weather conditions and free-floating ice make navigation more difficult and schedules more variable; and more expensive ship construction and operation costs lessen the economic viability of the route. Technological advances and infrastructure investments may ameliorate navigational challenges, enabling increased shipping of natural resources from the Arctic to global markets.

Research paper thumbnail of The Northern Sea Route at the crossroads: what lies ahead after the war in Ukraine?

Research paper thumbnail of The Polar Silk Road and the future governance of the Northern Sea Route

Leiden Journal of International Law

This article examines China’s Polar Silk Road (PSR) and its legal implications for the future gov... more This article examines China’s Polar Silk Road (PSR) and its legal implications for the future governance of the Northern Sea Route (NSR). It first discusses China’s economic and geopolitical interests in the so-called Polar Silk Road. The article then focuses on comparing Russian regulation of the NSR and Chinese regulation of foreign vessels as a coastal state. Both China and Russia are contracting parties to the United Nations Convention on the Law of the Sea (UNCLOS). The comparison of domestic legislations aims to provide a detailed analysis on convergence and divergence of their implementation and enforcement of the UNCLOS on issues related to freedom of navigation, especially when it comes to foreign vessels, including military vessels, within national jurisdiction. The comparative study, therefore, helps determine to what extent China could vocally shape the development the NSR regulations in an era of climate change.

Research paper thumbnail of Russia

Governance of Arctic Shipping

Research paper thumbnail of The Genesis of Article 234 of the UNCLOS

Article 234 is exceptional regarding its wording and placement in the United Nations Convention o... more Article 234 is exceptional regarding its wording and placement in the United Nations Convention on the Law of the Sea (UNCLOS), as well as in its historical background. The Arctic provision has given rise to divergent interpretations regarding the conditions for invoking it, the limitations on the authority under Article 234, and its spatial scope of application. It has served as a justification for specific legislation adopted by Canada and Russia that has been opposed by the United States. The article, describes as a “textbook example of finding a compromise in international treaty negotiations,” was negotiated directly and privately, among these three states during the Third United Nations Conference on the Law of the Sea (UNCLOS III). This article describes the historical background to Article 234 and sheds new light on the negotiating process that led to the adoption of the provision.

Research paper thumbnail of Anthropocentric Ocean Connectivity: A Pluralistic Legal-Regulatory Model

Arctic Review on Law and Politics

This article proposes a model of anthropocentric ocean connectivity based on the concept of human... more This article proposes a model of anthropocentric ocean connectivity based on the concept of human perspective as location. Within this location, anthropocentrism can be, but is not necessarily, an exclusive or dominant valuation of the human. In fact, conceptions of both anthropocentrism and of ocean connectivity are pluralistic. These and other pluralisms are borne out in this article’s content and structure, which takes the form of explorations of anthropocentric connectivity in relation to four specific ocean-related human activities. First, Jan Solski applies understandings of connectivity as “flow” in the context of strategic ocean geopolitics. Second, Iva Parlov analyzes current doctrinal issues and interactions at the international level with respect to the legal regime for places of refuge for ships in need of assistance. Third, Maria Madalena das Neves examines ocean connectivity in the context of transboundary energy trade and market integration, with particular attention ...

Research paper thumbnail of Northern Sea Route Permit Scheme: Does Article 234 of UNCLOS Allow Prior Authorization?

Ocean Yearbook Online, 2021

Research paper thumbnail of The ‘Due Regard’ of Article 234 of UNCLOS: Lessons From Regulating Innocent Passage in the Territorial Sea

Ocean Development & International Law

Article 234 of UNCLOS is in many ways exceptional, but it is not unique in the sense that it gran... more Article 234 of UNCLOS is in many ways exceptional, but it is not unique in the sense that it grants to the coastal state "complete" legislative power. Arguably, "complete" coastal state jurisdiction exists in the territorial sea for the purposes enumerated in Article 21(1), allowing coastal states to adopt ship reporting systems, pilotage, and other routing measures unilaterally. The analysis of state practice reveals that states often decide to engage the International Maritime Organization (IMO) in different ways, even when such a course of action is not mandatory. This article advocates for meaningful deliberation as both a suitable method of meeting Article 234's due regard standard, and a practice that can be expected from a steward.

Research paper thumbnail of The Northern Sea Route in the 2010s: Development and Implementation of Relevant Law

Arctic Review on Law and Politics

The 2010s was a busy decade for the Northern Sea Route (NSR). It started with the first shipping ... more The 2010s was a busy decade for the Northern Sea Route (NSR). It started with the first shipping season to feature the international use of the NSR for commercial purposes, followed by a significant reform of the domestic legal regime, as well as the adoption of the Polar Code. The traffic has gradually picked up, and although the expectations of a significant surge in trans-Arctic navigation have not materialized, the NSR’s annual turnover has grown beyond the old records set by the USSR. While the Russian authorities have struggled to find the most optimal means of development of the NSR, the latter has recently been re-marketed as a Polar Silk Road, part of the grand Chinese One Belt One Road initiative. While Russia has been rebuilding its military presence in the Arctic, the French Navy vessel BSAH Rhone unexpectedly navigated through the NSR, inciting strong political, but yet not legal, response. The present article aims to take stock of the last decade, paying primary attent...

Research paper thumbnail of New Russian Legislative Approaches and Navigational Rights within the Northern Sea Route

The Yearbook of Polar Law Online

The regulation of foreign navigation in the Northern Sea Route (NSR) has been dominated by the ru... more The regulation of foreign navigation in the Northern Sea Route (NSR) has been dominated by the rules of international law applicable to merchant ships only. Neither the domestic set of rules of navigation on the NSR, based on Article 234 of UNCLOS nor the Polar Code applies to State-owned vessels. While the application of Article 234 has so far let Russia evade discussion on the navigational rights, one can expect an increasing spotlight on this issue. In response to the recent crossing of the NSR by a French warship, as well as the voices from the United States indicating similar plans, Russia has signalled the intention to adopt more stringent rules for passage of warships, potentially including the requirement of prior notification and pilotage. The aim of the paper is twofold. First, examine the navigational rights as applicable in the NSR. As such, the paper will discuss historical State practice and relevant international law to demonstrate, among other things, that the enclos...

Research paper thumbnail of Introduction: regulating shipping in Russian Arctic Waters: between international law, national interests and geopolitics

Research paper thumbnail of New Developments in Russian Regulation of Navigation on the Northern Sea Route

Arctic Review, Dec 30, 2014

The regime of navigation on the Northern Sea Route (NSR) is still largely based on legislation ad... more The regime of navigation on the Northern Sea Route (NSR) is still largely based on legislation adopted by the Soviet Union, and features certain deviations in the way Russia's international legal rights and obligations are implemented. In recent years the Russian Federation has demonstrated interest in revising NSR legislation with the preparation of one single comprehensive Federal Act on the NSR, and also a Federal Act to introduce amendments to pre-existing legislation. The latter option has gained the support of legislators, as the newly promulgated Federal Law on the NSR, dated July 28 th 2012, No. 132 FZ, established grounds for further specific regulatory acts to have effect on commercial navigation on the waters of the route. The primary purpose of this article is to discuss the processes leading up to this long-awaited decision, as well as the implications of the new legislation for navigation on the NSR. The creative legal ambiguity of the Russian domestic legislation has historically allowed for divergent arguments, voiced by Russian scholars, in respect to the assumed legal basis for the Russian extended authority to regulate navigation on the NSR and the limitations thereof. Alternative views have provided grounds for different legislative proposals and for heated discussions leading to the adoption of the most recent law. This article will trace the development of the legal thinking in Russia with respect to the allocation of jurisdiction on the NSR.

Research paper thumbnail of Commercial Arctic shipping through the Northeast Passage: routes, resources, governance, technology, and infrastructure

The Russian and Norwegian Arctic are gaining notoriety as an alternative maritime route connectin... more The Russian and Norwegian Arctic are gaining notoriety as an alternative maritime route connecting the Atlantic and Pacific Oceans and as sources of natural resources. The renewed interest in the Northeast Passage or the Northern Sea Route is fueled by a recession of Arctic sea ice coupled with the discovery of new natural resources at a time when emerging and global markets are in growing demand for them. Driven by the expectation of potential future economic importance of the region, political interest and governance has been rapidly developing, mostly within the Arctic Council. However, this paper argues that optimism regarding the potential of Arctic routes as an alternative to the Suez Canal is overstated. The route involves many challenges: jurisdictional disputes create political uncertainties; shallow waters limit ship size; lack of modern deepwater ports and search and rescue (SAR) capabilities requires ships to have higher standards of autonomy and safety; harsh weather co...

Research paper thumbnail of ‘One Map to Rule Them All’? Revisiting Legalities Through Cartographic Representations of the Northwest Passage

Ocean Development & International Law

Research paper thumbnail of The Genesis of Article 234 of the UNCLOS

Ocean Development and International Law, Jan 2, 2021

Abstract Article 234 is exceptional regarding its wording and placement in the United Nations Con... more Abstract Article 234 is exceptional regarding its wording and placement in the United Nations Convention on the Law of the Sea (UNCLOS), as well as in its historical background. The Arctic provision has given rise to divergent interpretations regarding the conditions for invoking it, the limitations on the authority under Article 234, and its spatial scope of application. It has served as a justification for specific legislation adopted by Canada and Russia that has been opposed by the United States. The article, describes as a “textbook example of finding a compromise in international treaty negotiations,” was negotiated directly and privately, among these three states during the Third United Nations Conference on the Law of the Sea (UNCLOS III). This article describes the historical background to Article 234 and sheds new light on the negotiating process that led to the adoption of the provision.

Research paper thumbnail of The ‘Due Regard’ of Article 234 of UNCLOS: Lessons From Regulating Innocent Passage in the Territorial Sea

Ocean Development and International Law, Oct 2, 2021

Article 234 of UNCLOS is in many ways exceptional, but it is not unique in the sense that it gran... more Article 234 of UNCLOS is in many ways exceptional, but it is not unique in the sense that it grants to the coastal state "complete" legislative power. Arguably, "complete" coastal state jurisdiction exists in the territorial sea for the purposes enumerated in Article 21(1), allowing coastal states to adopt ship reporting systems, pilotage, and other routing measures unilaterally. The analysis of state practice reveals that states often decide to engage the International Maritime Organization (IMO) in different ways, even when such a course of action is not mandatory. This article advocates for meaningful deliberation as both a suitable method of meeting Article 234's due regard standard, and a practice that can be expected from a steward.

Research paper thumbnail of The Polar Code Process and Sovereignty Bargains: Comparing the Approaches of Canada and Russia to POLARIS

Ocean Development & International Law

Research paper thumbnail of Waste Management on Fishing Vessels and in Fishing Harbors in the Barents Sea: Gaps in Law, Implementation and Practice

Ocean Development and International Law, Dec 2, 2022

Research paper thumbnail of Commercial Arctic shipping through the Northeast Passage: routes, resources, governance, technology, and infrastructure

Polar Geography, 2014

The Russian and Norwegian Arctic are gaining notoriety as an alternative maritime route connectin... more The Russian and Norwegian Arctic are gaining notoriety as an alternative maritime route connecting the Atlantic and Pacific Oceans and as sources of natural resources. The renewed interest in the Northeast Passage or the Northern Sea Route is fueled by a recession of Arctic sea ice coupled with the discovery of new natural resources at a time when emerging and global markets are in growing demand for them. Driven by the expectation of potential future economic importance of the region, political interest and governance has been rapidly developing, mostly within the Arctic Council. However, this paper argues that optimism regarding the potential of Arctic routes as an alternative to the Suez Canal is overstated. The route involves many challenges: jurisdictional disputes create political uncertainties; shallow waters limit ship size; lack of modern deepwater ports and search and rescue (SAR) capabilities requires ships to have higher standards of autonomy and safety; harsh weather conditions and free-floating ice make navigation more difficult and schedules more variable; and more expensive ship construction and operation costs lessen the economic viability of the route. Technological advances and infrastructure investments may ameliorate navigational challenges, enabling increased shipping of natural resources from the Arctic to global markets.

Research paper thumbnail of The Northern Sea Route at the crossroads: what lies ahead after the war in Ukraine?

Research paper thumbnail of The Polar Silk Road and the future governance of the Northern Sea Route

Leiden Journal of International Law

This article examines China’s Polar Silk Road (PSR) and its legal implications for the future gov... more This article examines China’s Polar Silk Road (PSR) and its legal implications for the future governance of the Northern Sea Route (NSR). It first discusses China’s economic and geopolitical interests in the so-called Polar Silk Road. The article then focuses on comparing Russian regulation of the NSR and Chinese regulation of foreign vessels as a coastal state. Both China and Russia are contracting parties to the United Nations Convention on the Law of the Sea (UNCLOS). The comparison of domestic legislations aims to provide a detailed analysis on convergence and divergence of their implementation and enforcement of the UNCLOS on issues related to freedom of navigation, especially when it comes to foreign vessels, including military vessels, within national jurisdiction. The comparative study, therefore, helps determine to what extent China could vocally shape the development the NSR regulations in an era of climate change.

Research paper thumbnail of Russia

Governance of Arctic Shipping

Research paper thumbnail of The Genesis of Article 234 of the UNCLOS

Article 234 is exceptional regarding its wording and placement in the United Nations Convention o... more Article 234 is exceptional regarding its wording and placement in the United Nations Convention on the Law of the Sea (UNCLOS), as well as in its historical background. The Arctic provision has given rise to divergent interpretations regarding the conditions for invoking it, the limitations on the authority under Article 234, and its spatial scope of application. It has served as a justification for specific legislation adopted by Canada and Russia that has been opposed by the United States. The article, describes as a “textbook example of finding a compromise in international treaty negotiations,” was negotiated directly and privately, among these three states during the Third United Nations Conference on the Law of the Sea (UNCLOS III). This article describes the historical background to Article 234 and sheds new light on the negotiating process that led to the adoption of the provision.

Research paper thumbnail of Anthropocentric Ocean Connectivity: A Pluralistic Legal-Regulatory Model

Arctic Review on Law and Politics

This article proposes a model of anthropocentric ocean connectivity based on the concept of human... more This article proposes a model of anthropocentric ocean connectivity based on the concept of human perspective as location. Within this location, anthropocentrism can be, but is not necessarily, an exclusive or dominant valuation of the human. In fact, conceptions of both anthropocentrism and of ocean connectivity are pluralistic. These and other pluralisms are borne out in this article’s content and structure, which takes the form of explorations of anthropocentric connectivity in relation to four specific ocean-related human activities. First, Jan Solski applies understandings of connectivity as “flow” in the context of strategic ocean geopolitics. Second, Iva Parlov analyzes current doctrinal issues and interactions at the international level with respect to the legal regime for places of refuge for ships in need of assistance. Third, Maria Madalena das Neves examines ocean connectivity in the context of transboundary energy trade and market integration, with particular attention ...

Research paper thumbnail of Northern Sea Route Permit Scheme: Does Article 234 of UNCLOS Allow Prior Authorization?

Ocean Yearbook Online, 2021

Research paper thumbnail of The ‘Due Regard’ of Article 234 of UNCLOS: Lessons From Regulating Innocent Passage in the Territorial Sea

Ocean Development & International Law

Article 234 of UNCLOS is in many ways exceptional, but it is not unique in the sense that it gran... more Article 234 of UNCLOS is in many ways exceptional, but it is not unique in the sense that it grants to the coastal state "complete" legislative power. Arguably, "complete" coastal state jurisdiction exists in the territorial sea for the purposes enumerated in Article 21(1), allowing coastal states to adopt ship reporting systems, pilotage, and other routing measures unilaterally. The analysis of state practice reveals that states often decide to engage the International Maritime Organization (IMO) in different ways, even when such a course of action is not mandatory. This article advocates for meaningful deliberation as both a suitable method of meeting Article 234's due regard standard, and a practice that can be expected from a steward.

Research paper thumbnail of The Northern Sea Route in the 2010s: Development and Implementation of Relevant Law

Arctic Review on Law and Politics

The 2010s was a busy decade for the Northern Sea Route (NSR). It started with the first shipping ... more The 2010s was a busy decade for the Northern Sea Route (NSR). It started with the first shipping season to feature the international use of the NSR for commercial purposes, followed by a significant reform of the domestic legal regime, as well as the adoption of the Polar Code. The traffic has gradually picked up, and although the expectations of a significant surge in trans-Arctic navigation have not materialized, the NSR’s annual turnover has grown beyond the old records set by the USSR. While the Russian authorities have struggled to find the most optimal means of development of the NSR, the latter has recently been re-marketed as a Polar Silk Road, part of the grand Chinese One Belt One Road initiative. While Russia has been rebuilding its military presence in the Arctic, the French Navy vessel BSAH Rhone unexpectedly navigated through the NSR, inciting strong political, but yet not legal, response. The present article aims to take stock of the last decade, paying primary attent...

Research paper thumbnail of New Russian Legislative Approaches and Navigational Rights within the Northern Sea Route

The Yearbook of Polar Law Online

The regulation of foreign navigation in the Northern Sea Route (NSR) has been dominated by the ru... more The regulation of foreign navigation in the Northern Sea Route (NSR) has been dominated by the rules of international law applicable to merchant ships only. Neither the domestic set of rules of navigation on the NSR, based on Article 234 of UNCLOS nor the Polar Code applies to State-owned vessels. While the application of Article 234 has so far let Russia evade discussion on the navigational rights, one can expect an increasing spotlight on this issue. In response to the recent crossing of the NSR by a French warship, as well as the voices from the United States indicating similar plans, Russia has signalled the intention to adopt more stringent rules for passage of warships, potentially including the requirement of prior notification and pilotage. The aim of the paper is twofold. First, examine the navigational rights as applicable in the NSR. As such, the paper will discuss historical State practice and relevant international law to demonstrate, among other things, that the enclos...

Research paper thumbnail of Introduction: regulating shipping in Russian Arctic Waters: between international law, national interests and geopolitics

Research paper thumbnail of New Developments in Russian Regulation of Navigation on the Northern Sea Route

Arctic Review, Dec 30, 2014

The regime of navigation on the Northern Sea Route (NSR) is still largely based on legislation ad... more The regime of navigation on the Northern Sea Route (NSR) is still largely based on legislation adopted by the Soviet Union, and features certain deviations in the way Russia's international legal rights and obligations are implemented. In recent years the Russian Federation has demonstrated interest in revising NSR legislation with the preparation of one single comprehensive Federal Act on the NSR, and also a Federal Act to introduce amendments to pre-existing legislation. The latter option has gained the support of legislators, as the newly promulgated Federal Law on the NSR, dated July 28 th 2012, No. 132 FZ, established grounds for further specific regulatory acts to have effect on commercial navigation on the waters of the route. The primary purpose of this article is to discuss the processes leading up to this long-awaited decision, as well as the implications of the new legislation for navigation on the NSR. The creative legal ambiguity of the Russian domestic legislation has historically allowed for divergent arguments, voiced by Russian scholars, in respect to the assumed legal basis for the Russian extended authority to regulate navigation on the NSR and the limitations thereof. Alternative views have provided grounds for different legislative proposals and for heated discussions leading to the adoption of the most recent law. This article will trace the development of the legal thinking in Russia with respect to the allocation of jurisdiction on the NSR.

Research paper thumbnail of Commercial Arctic shipping through the Northeast Passage: routes, resources, governance, technology, and infrastructure

The Russian and Norwegian Arctic are gaining notoriety as an alternative maritime route connectin... more The Russian and Norwegian Arctic are gaining notoriety as an alternative maritime route connecting the Atlantic and Pacific Oceans and as sources of natural resources. The renewed interest in the Northeast Passage or the Northern Sea Route is fueled by a recession of Arctic sea ice coupled with the discovery of new natural resources at a time when emerging and global markets are in growing demand for them. Driven by the expectation of potential future economic importance of the region, political interest and governance has been rapidly developing, mostly within the Arctic Council. However, this paper argues that optimism regarding the potential of Arctic routes as an alternative to the Suez Canal is overstated. The route involves many challenges: jurisdictional disputes create political uncertainties; shallow waters limit ship size; lack of modern deepwater ports and search and rescue (SAR) capabilities requires ships to have higher standards of autonomy and safety; harsh weather co...