Exploring the Dualism of Law and its Ramification: а Focus on Arctic Subsoil Exploitation

Abstract

This article analyzes the problem of legal dualism and its ramifications, particularly considering the increased interest of states in exploiting the Arctic subsoil. This article examines the unilateral announcement of the United States government to extend the continental shelf off the coast of Alaska in the Arctic and the Bering Sea, citing provisions from the Russian-American Convention of March 29, 1867, as a prime example of legal dualism. Within this framework, seemingly contradictory concepts are treated as law. The procedural aspects of the treaty that transferred Alaska to the physical administration of the U.S. are analyzed alongside the reasons for the absence of an established border between the U.S. and the Russian Federation. The legal ambiguity surrounding the 1867 treaty, which remains incompletely formalized and thus generates corresponding consequences, is considered. Additionally, this article analyzes actions by the U.S. administration in response to Texas’ claims of secession from the U.S., rooted in differing local and federal interpretations of the U.S. Constitution, as well as the implications of the temporary ban on issuing new export permits for U.S. liquefied natural gas. A solution is proposed to address the adverse effects of legal dualism in this domain by using digital financial assets.