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Rights Over the Arctic

Published online by Cambridge University Press:  04 May 2017

W. Lakhtine
W. Lakhtine*
Affiliation:
Of the Union of Societies “ Ossoaviachim ” of U. S. S. R.
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Extract

The transarctic flights of 1926 and 1928 demonstrate the possibility of establishing communication by air across the Arctic regions between Europe, on the one side, and North America and the Far East on the other. Quite aside from the saving of time owing to shorter distance, the establishment of such communication presents considerably less diiSculty than air communication over the Atlantic: a conclusion derived from the transatlantic flights of the last three years. The experience of the airship Italia in May, 1928, does not at all nullify this conclusion. It serves merely to show that the organization of transarctic communication requires special prearrangements, such aa wireless stations, meteorological stations, landing-places, air-bases, the construction of which on the shores, islands, and even on the ice of the Arctic Ocean, appears to be quite feasible. The necessity for such stations has aroused in the governments of the North countries an increased interest in the Arctic regions which heretofore has been restricted to scientific circles.

Type
Research Article
Information
American Journal of International Law , Volume 24 , Issue 4 , October 1930 , pp. 703 - 717
Copyright
Copyright © American Society of International Law 1930

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References

1 “ Die territoriale Lektoreneinteilung der Arktis im Zusammenhang mit dent zuerwartenden transarkiischen Luftverkehr,” Petermans geographischen Mitteilungen, 1928. Berlin. Heft 1/2.

2 For a detailed abstract of the political history of Greenland, see the article of Prof. Sabanine, A. W., “ Greenland and Its International Situation,” in the review, International Life, No. 6 and No. 7, Moscow, 1926.Google Scholar

3 This question is developed in the article of Prof. Sabanine, A. W., “ Russia and Spitzbergen,” Review of the Peoples Commissariat for Foreign Affairs of the U. S. S. R., No. 5 and No. 6, Moscow, 1921.Google Scholar

4 Fauchille, Paul, Traité de Droit International Public , Paris, 1925, Vol. I, Pt. 2, pp.661-662.Google Scholar

5 “ Political Rights in the Arctic,” Foreign Affairs, New York, October, 1925.

6 These islands, by the decree of the Presidium of the Central Executive Committee of the U. S. S. R., are now to be called the Archipelago of Taymir; the land of the Czar Nicholas II to be called North Land, and the island of Tsesarevitsh Alexsei to be called Small Taymir.

7 The text of these notes in French has been published as an appendix to my book, Rights over the Arctic, Moscow, 1928

8 Op. cit.

9 Fauchille, op. cit., p. 658.

10 Fauchille, op. cit., p. 661.

11 “ U. 8. S. R. and Polar Lands,” Soviet Law, Moscow, 1926, No. 3; The problem of air occupation in connection with the rights over the polar regions, The Collection of Works of the Section for Air Law of the Union of the Societies “Ossoaviachim” of the U. S. S. R., First Part, Moscow, 1927.

12 , Waultrin. “ La question de la souveraineté des terres arctiques,” Revue Ginbrale de Droit International Public, Vol. XV, pp.412 et seq.Google Scholar

13 See Balch, , “ Les régions arctiqueset antarctiques et le droit international,” Revue de Droit International, 2d Ser., Vol. XII, p. 435.Google Scholar

14 Fauchille, op. cit., pp. 657 and 658

15 See article cited in footnote 1.

16 Ibid., 11.

17 The eastern passage into Karskoye Sea is usually filled with ice, and occasionally only narrow passages are left. The northern passage consists of the three narrow straits of Novaya Zemlya.

18 Convention relating to the regulation of Aerial Navigation, October 13,1919, Article 1:

“ The high contracting parties recognize that every Power has complete and exclusive sovereignty over the air space above its territory.

“ For the purpose of the present convention the territory of a State shall be understood as including the national territory, both that of the mother country and of the colonies, and the territorial waters adjacent thereto.”

19 Air Navigation Act, December 23, 1920: “ Whereas the full and absolute sovereignty and rightful jurisdiction of His Majestyextends, and has always extended, over the air superincumbent on all parts of His Majesty's dominions and the territorial waters adjacent thereto.”

20 have dealt with this question in my article, “ The Problem of a State Exercising Jurisdiction over the Space of Atmosphere.” International Law, 1928. No. 1, Moscow.

21 See article cited in footnote 1.

* Note by editor.—If it were true that the Convention of 1867 fixed the boundary between American and Russian possessions at 169° west longitude, no decree of the Presidium of the Central Executive Committee altering this line would have any validity. As a matter of fact, changing the line to the eastward by 10’ 28” would not enlarge but diminish American territory, for it would transfer the island of Ratmanoff or Noonarbook from American to Russian jurisdiction. The error of the author of this article is in assuming that 169° west ever constituted the line. The treaty does not mention it. It describes the meridian as that one “ passing midway between the islands of Krusenstern or Ignalook and the island of Ratmanoff or Noonarbook, and proceeds due north without limitation into the same Frozen Ocean.” These two islands are very close together and it is to be assumed that the reference in the decree to 168° 49’ 32” west longitude is merely the Russian way of describing the same line. (D. C. S.)

22 Five, because the sixth, Finnish sector, ends at Spitzbergen and does not extend as far as the North Pole.