JOINT STATEMENT OF THE RUSSIAN FEDERATION AND THE KINGDOM OF THE NETHERLANDS ON SCIENTIFIC COOPERATION IN THE RUSSIAN ARCTIC REGION AND THE SETTLEMENT OF A DISPUTE
The Russian Federation and the Kingdom of the Netherlands wish to enhance their support for joint Russian-Dutch scientific research activities in the Russian Arctic region, which could include joint expeditions, and have arranged for additional financial resources to become available for this purpose.
The Russian Federation and the Kingdom of the Netherlands have also come to the full and final settlement of any and all mutual claims arising out of or in connection with any events linked in any respect to the presence of the “Arctic Sunrise”, the “Ladoga” and the “Prirazlomnaya” platform in September 2013 in the Exclusive Economic Zone (EEZ) of the Russian Federation.
This agreement, being an example of an amicable settlement of disputes the details of which remain confidential, has been achieved on the basis of the following understandings:
- Friendly relations and cooperation between the two countries are maintained and further developed in the spirit of the United Nations Charter as well as of the 1982 United Nations Convention on the Law of the Sea,
- In exercising the freedom of navigation in the EEZ, a flag State shall have due regard to the rights and duties of a coastal State, including its sovereign rights over its natural resources and with respect to artificial installations in the EEZ or on the continental shelf,
- In exercising its rights and performing its duties in the EEZ, a coastal State shall have due regard to the rights and duties of a flag State with respect to vessels flying its flag and sailing in the EEZ and the respective freedoms, including the freedom of navigation,
- The recognition of the rights relating to peaceful protest which shall be exercised at sea in conformity with generally accepted international regulations, procedures and practices, including resolutions by the International Maritime Organization,
- The acknowledgment that the International Maritime Organization, whilst affirming the rights and obligations relating to legitimate and peaceful forms of protest actions at sea, does not condone any actions that intentionally imperil human life, the marine environment, or property,
- The importance to ensure that protest actions at sea: (i) do not violate legislation of the coastal State, adopted in accordance with international law; (ii) do not imperil human life, the marine environment, or property; and (iii) do not delay or interrupt essential operations,
- While a coastal State should tolerate some level of nuisance from protest actions at sea, it has the right to take measures to prevent and respond to, including where necessary to prosecute, actions that do not meet the requirements referred to in the paragraph above, taking into account the responsibilities of the flag State in this respect,
- Such measures to prevent or respond, including where necessary to prosecute, must fulfil the tests of reasonableness, necessity and proportionality, including applicable international human rights standards,
- A flag State, in fulfilment of its responsibility to exercise effective jurisdiction and control, must adopt the necessary measures, including administrative measures, to ensure that vessels flying its flag are not involved in activities which will undermine the flag State’s responsibilities under international law,
The settlement between the Russian Federation and the Kingdom of the Netherlands does not prejudice their legal positions either on the mentioned case or on any other matter.