Subject: Re: [BoundaryPoint] Re: Bering sea
Date: Jul 31, 2002 @ 17:35
Author: Peter Smaardijk (Peter Smaardijk <smaardijk@...>)
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Grant wrote:
I think this map shows only the US borders, and not the whole hole.
The line marked USSR/USA is the line of the 1867 treaty, drawn up
before 200nm limits - this is the line that cuts across the donut
hole when all the 200nm limits are plotted. The US would like to use
it to delimit its continental shelf claims (which can extend beyond
the 200nm EEZ) - not surprising, because the treaty line is well west

of the median line in this area.(...)"

Yes, but can the US extend the EEZ here? I thought that most of the
Donut Hole isn't contintental shelf, but I'm not sure...

"(...)Russia, again not surprisingly, contests this.
So what's shown on this chart is the US 200nm limit on three sides
(N, E, S) of the Bering Sea, and the old Russia/US treaty line on the
W side, with no indication of the Russian EEZ and the bit of the
donut hole that lies farther west than the treaty line.
Hence the oddness of the labelling at the apparent west side of the
donut hole, and the absence of a boundary traversing the part of the
hole that is plotted."

Yes, it's a US map. That explains it. Thanks for clarifying.

And the "Eastern Special Area", of which there are two on this map (a
small triangle in the south, already in the Pacific Ocean), that seem
to be de facto part of the Russian EEZ, are nevertheless NOT to be
added to the EEZ acc. to the US-USSR boundary agreement
(http://www.un.org/Depts/los/LEGISLATIONANDTREATIES/PDFFILES/TREATIES/USA-RUS1990MB.PDF).
Cf. part 3 of article 3:

"Article 3
1. In any area east of the maritime boundary that lies within 200
nautical miles of the baselines from which the breadth of
the territorial sea of the Soviet Union is measured but beyond 200
nautical miles of the baselines from which the breadth of the
territorial sea of the United States is measured ("eastern special
area"), the Soviet Union agrees that henceforth the United States
may exercise the sovereign rights and jurisdiction derived from
exclusive economic zone jurisdiction that the Soviet Union would
otherwise be entitled to exercise under international law in the
absence of the agreement of the Parties on the maritime boundary.
2. In any area west of the maritime boundary that lies within 200
nautical miles of the baselines from which the breadth of
the territorial sea of the United States is measured but beyond 200
nautical miles of the baselines from which the breadth of the
territorial sea of the Soviet Union is measured ("western special
area"), the United States agrees that henceforth the Soviet Union
may exercise the sovereign rights and jurisdiction derived from
exclusive economic zone jurisdiction that the United States
would otherwise be entitled to exercise under international law in the
absence of the agreement of the Parties on the maritime
boundary.
3. To the extent that either Party exercises the sovereign rights or
jurisdiction in the special area or areas on its side of the
maritime boundary as provided for in this article, such exercise of
sovereign rights or jurisdiction derives from the agreement of
the Parties and does not constitute an extension of its exclusive
economic zone. To this end, each Party shall take the necessary
steps to ensure that any exercise on its part of such rights or
jurisdiction in the special area or areas on its side of the maritime
boundary shall be so characterized in its relevant laws, regulations,
and charts."

In a separate fishery agreement the US allows Russian fishermen to fish
in their special areas, and Russia allows American fishermen to fish in
theirs.

The rhumb/great circle controversy is mentioned in
http://www.gi.alaska.edu/ScienceForum/ASF8/802.html and
http://inform.sir.edu/news/2001/story2.htm. See also
http://npacific.kamchatka.ru/np/magazin/2_01_e/np2003.htm (I haven't
had the time to read it all myself, but it looks interesting).

Peter S.

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