Implementation of International Legal Norms by the Russian Federation in the Field of Protection and Preservation of the Marine Environment from Pollution

Author Name(s): Ksenia B. Valiullina, Gennadiy I. Kurdukov
Author Email: ksenia801@list.ru

Abstract

Historically, the Russian Federation is the leading sea power that is defined by its territorial and geophysical features, existence of exits to three oceans uniting 14 seas, the greatest opening of the Russian seafarers and travelers, and, certainly, an essential contribution to studying of the World Ocean at the present stage. Activity of the Russian Federation in the sphere of protection of the marine environment, is directed to application not only standards of the national right, but also the relevant provisions of international treaties. The constitution of the Russian Federation recognized the conventional principles and rules of international law, and also the international contracts as components of legal system of the Russian Federation, the aspiration to cooperate on the most important questions of providing global environmental problems where protection and preservation of the marine environment acts as one of priority activities, taking into account rapid economic and technological growth, on the basis of understanding of as a part of the world community thereby was expressed. Despite existence throughout a long time of not ecological approach in all directions of economic activity of the states, today, all efforts are bent on introduction of “green” economy which main lines are: reduction of emissions of dangerous pollutants in the atmosphere and in water objects, rational use of natural objects and live resources, use of technologies of renewables, protection and preservation of a biodiversity, improvement of quality of life of people, along with improvement of a condition of all components of the surrounding environment. In article the ecological situation in the Russian Federation in relation to a question of ensuring protection and preservation of the marine environment is analyzed; on the example of the Convention of the UN on marine law of 1982 which is the fundamental document in the field of protection of the marine environment problems of implementation of rules of international law in the Russian legal system, recognition of the main international legal norms by a part of the internal law of Russia, and also validity of the international acts in the field of protection of the marine environment in the territory of the country are investigated.

Introduction

“The nature is also that source of beauty which gets on all, from which everyone scoops in process of understanding”

Timiryazev K. A.

For the last thirty years of water of the World Ocean are used so intensively that the problem of ensuring its protection and preservation is among new calls and threats in the international marine law. Special attention of the world community to this international legal problem is caused first of all by the fact that the World Ocean represents the complete system influencing, directly, climate of all planet, a plant and animal life, and also processes of activity of the person. Welfare of present and future generations depends on its state, ability to restoration. The ocean, is the huge tank, the main supplier of energy, oxygen of the planet, valuable protein, nevertheless, daily from all possible sources tons of toxic agents, sewage, oil and oil products, chemical, biological, radioactive and other poisoning and destroying materials and connections get to the seas and oceans. As a result, today, many regions of the World Ocean lost ability to self-cleaning. [1]

Protection of the marine environment represents system of the legal relationship demanding the coordinated actions of international law and the national legislation. Joining this or that convention, the states, thereby, undertake an obligation for implementation of the relevant provisions in the national legislation. [2] Standards of the international and national law have to work in unity, for the purpose of compliance to natural developments of activity in the World Ocean and to interests of the states. It, certainly, does not mean, full following to all provisions, passing at the same time national interests, interests of society of the relevant state. The principle of sovereign equality of the states defines their right of independent definition the place of international legal norms in the legal system. Nevertheless, combination of efforts of this sort of the international and national law is directed, first of all, to increase in the standard of living of the person and the nature. For successful realization of international legal norms in the field of protection of the marine environment at the national level, it has to be provided a possibility of change or full cancellation by the states of the provisions contradicting international legal norms and also sending on use of the relevant standards which in turn, will govern the relations within the country.

Because of increase in integration processes in Europe and in Russia which takes place in the last decades the question of influence of international law on the national legislation is especially urgent. Interest in a problem of implementation is explained also by ambiguity of approaches to a question of recognition of international legal norms and provisions of international treaties a part of legal system of Russia. The concept “implementation” (from English implementation-the actual realization) in the Russian legal science is used without the translation and means implementation at the interstate level of the international obligations and introduction of standards of international legal character in national legal system of the state. [3] The studied perspective has all-legal character and has extremely important value in the sphere of permission of the major questions concerning the rights and freedoms of the person, ensuring ecological safety, prevention of military operations, radioactive infection and other questions on which peaceful and safe existence of the person and the environment depends. [4]

Conclusion

Summing up the results of told, it is possible to formulate a conclusion that in the Russian Federation provisions of the Convention of the UN on marine law of 1982 which is the main document in the field of ensuring protection and preservation of the marine environment from pollution are implemented fully both due to direct action of conventional norms, and by means of the publication of the interstate acts obligatory for performance of the internal law of the country by all subjects. Therefore, the Convention as it is told in the Constitution of the Russian Federation has direct action in the territory of the country, and its norms are subject to application by all law-enforcement bodies of the Russian state.

References

[1] Valiullina K.B., Khodzhiyev A.R. State cooperation in matters of ensuring protection and preservation of the world ocean/The Turkish Online Journal of Design, Art and Communication/TOJDAC/November/2016/Special Edition/

[2] Sokolova N. A. Interaction of the international and internal law in the sphere of environmental protection//the Siberian legal messenger / Yurid. Ying – t to the YOKE. 2001. No.3.

[3] Cambridge dictionary. Implementation/available at: <http://dictionary.cambridge.org/dictionary/english/implementation>

[4] N. V. Minina. Problems of implementation of rules of international law in the Russian VI Ministry of Internal Affairs legal system//Messenger of Russia. 2011. No. 4

[5] Constitution of the Russian Federation. M, 1993. – Page 9.

[6] D.A.Gavrilin. About the status of the Convention of the UN on marine law of 1982 in the legal Russian Federation system. TISBI bulletin. – 2001. – No.4

[7] Collection of the legislation of the Russian Federation.-1995. – No. 29. – Art. 2757

[8] United Nations Convention on the Law of the Sea 1982. [website] <http://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e>

[9] Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea. <http://lawin.org/agreement-relating-to-the-implementation-of-part-xi-of-the-united-nations-convention-on-the-law-of-the-sea/>

[10] Vienna Convention on the Law of Treaties 1969. Done at Vienna on 23 May 1969. Entered into force on 27 January 1980. United Nations, Treaty Series, vol. 1155, p. 331

[11] The convention of the UN on marine law of December 10, 1982//the Collection of the legislation of the Russian Federation. – 1997. – No. 48. – Art. 5493.

[12] I. Brownlie. Principles of Public International Law. 5th ed. Oxford: Clarendon Press. 1998.

[13] The sea doctrine of the Russian Federation for the period till 2020. It is approved by the Decree of the President of the Russian Federation of July 27, 2001. [website] of http://docs.cntd.ru/document/902010411

[14] The order of December 27 202 years No. 2552-r About the approval of the state program of the Russian Federation “Environmental protection” for 2012-2020. [website] of http://m.government.ru/docs/3350/

[15] United Nations Environment Programme. Green Economy. [available at https://www.unep.org/greeneconomy/]

 

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