Arctic passage disputes: United Nations Convention on the Law of the Sea and sovereignty claims in the Northwest Passage and Northern Sea route

Abstract

This thesis explores the impact of the United Nations Convention on the Law of the Sea on resolving territorial disputes in the Arctic, with a focus on the Northwest Passage and Northern Sea Route. As climate change makes Arctic passageways increasingly accessible, asserting territorial claims and navigational rights has become crucial. UNCLOS provides a framework for such assertions but faces challenges in interpretation, particularly regarding Article 234 on ice-covered areas. The study examines how UNCLOS mediates between sovereignty claims by Arctic states, like Canada and Russia, and international navigation freedoms upheld by other nations such as the USA. Findings suggest that while UNCLOS aids in conflict mediation, its effectiveness is limited by ambiguities that require further diplomatic engagement and legal refinement.