1.3 Thesis structure
578/2024

1.3 Thesis structure

The thesis commences by examining the legislative and enforcement jurisdictional powers possessed by Coastal States and proceeds to establish the navigational rights and freedoms assigned by UNCLOS in each specific maritime zone. Subsequently, the third Chapter delves into the interpretation of the specific provisions of UNCLOS Article 234 in relation to the research objectives and provides a comprehensive overview of the Russian legal framework for the NSR. Moreover, Chapter 4 provides an examination of whether additional enforcement and legislative powers are granted to Russia under Article 234, as well as whether the legal framework of the NSR in relation to navigation, particularly focusing on the prior authorization regime, complies with this provision. Additionally, the Chapter explores the possibility of the NSR's legal regime disregarding and not adhering to the navigational rights and freedoms protected by UNCLOS. Chapter 5 examines an alternate customary international law approach based on the doctrine of historic waters, that Russia employs to justify unilateral authority over the NSR and international navigation inside it. This Chapter offers a concise examination of the historical progression of doctrine, followed by an evaluation of Russia's historic waters claim in light of the pertinent criteria delineated in the South China Sea Arbitration. Finally, a conclusion is formulated in Chapter 6.