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.

摘要

第234条在其措辞和在《联合国海洋法公约》（UNCLOS）中的位置以及其历史背景方面是例外的。北极条款引起了关于援引条件，对第234条所赋予的权力的限制以及其适用空间范围的不同解释。它为加拿大和俄罗斯通过的，遭到美国反对的具体立法提供了理由。这篇文章被描述为“在国际条约谈判中寻求折衷的教科书实例”，是在第三次联合国海洋法会议（第三次海洋法公约）期间在这三个国家之间直接和私下谈判的。