5.1 Shipping in the Polar Regions
5.1.1 The Effect of Climate Change on Shipping
The climate change that has taken place in recent years has made the polar regions
more accessible to various activities, such as commercial shipping, offshore exploration, fishing and tourism. The opening of new and revival of old transportation
routes in the Arctic, in particular the Northeast and Northwest Passages, has resulted
in shorter transport distances and consequently in significantly reduced costs for
commercial shipping, and these routes appear not to be exposed to maritime security
problems.
34 The Northern Sea Route, which runs from the Barents Sea along Siberia
to the Bering Strait, is being explored but has not yet been used for regular traffic.
There is also substantial intra-regional traffic in the Arctic region, as well as fishing
activities, offshore exploration, operation of scientific research vessels and cruise
shipping. In the South Atlantic region there is so far only limited commercial
shipping but rather mainly fishing activities, operation of scientific research vessels,
tourism and cruise shipping. Forecasts indicate that polar shipping will expand over
the coming years.
Ships operating in the Arctic and Antarctic regions are exposed to a number of
unique risks. Poor weather conditions and the relative lack of good charts, communication systems and other navigational aids pose challenges for mariners. Cold
temperatures may reduce the effectiveness of components of the ship. When ice is
present, it can impose additional loads on the hull, propulsion system and equipment.
There is little infrastructure to support ships in transit, such as navigation aids, ports
and repair facilities. The remoteness of the areas makes search and rescue, salvage
and pollution response difficult and costly.
35
The opening up of the polar regions to various maritime activities has made it
necessary to examine a number of international treaties, in both private and public
law, to consider whether they need to be amended to take into account the unique
conditions in these regions.
5.1.2 UNCLOS
UNCLOS contains an article (art. 234) dealing specifically with ice-covered areas.
States have, under that article, extensive powers to regulate international navigation
in ice-covered waters in their Exclusive Economic Zones (EEZ) for the purpose of
34 Legal and political problems have arisen due to the fact that the legal status of large stretches of
waters in Canadian and Russian areas is contested. See Chircop (2018); Skaridova and Skaridov
(2018), p. 472.
35 As regards sources of hazards of operation in polar waters, see the introduction to the International
Code for Ships Operating in Polar Waters (Polar Code) (2014), section 3.
What Challenges Lie Ahead for Maritime Law?
267
5.1.1 The Effect of Climate Change on Shipping
The climate change that has taken place in recent years has made the polar regions
more accessible to various activities, such as commercial shipping, offshore exploration, fishing and tourism. The opening of new and revival of old transportation
routes in the Arctic, in particular the Northeast and Northwest Passages, has resulted
in shorter transport distances and consequently in significantly reduced costs for
commercial shipping, and these routes appear not to be exposed to maritime security
problems.
34 The Northern Sea Route, which runs from the Barents Sea along Siberia
to the Bering Strait, is being explored but has not yet been used for regular traffic.
There is also substantial intra-regional traffic in the Arctic region, as well as fishing
activities, offshore exploration, operation of scientific research vessels and cruise
shipping. In the South Atlantic region there is so far only limited commercial
shipping but rather mainly fishing activities, operation of scientific research vessels,
tourism and cruise shipping. Forecasts indicate that polar shipping will expand over
the coming years.
Ships operating in the Arctic and Antarctic regions are exposed to a number of
unique risks. Poor weather conditions and the relative lack of good charts, communication systems and other navigational aids pose challenges for mariners. Cold
temperatures may reduce the effectiveness of components of the ship. When ice is
present, it can impose additional loads on the hull, propulsion system and equipment.
There is little infrastructure to support ships in transit, such as navigation aids, ports
and repair facilities. The remoteness of the areas makes search and rescue, salvage
and pollution response difficult and costly.
35
The opening up of the polar regions to various maritime activities has made it
necessary to examine a number of international treaties, in both private and public
law, to consider whether they need to be amended to take into account the unique
conditions in these regions.
5.1.2 UNCLOS
UNCLOS contains an article (art. 234) dealing specifically with ice-covered areas.
States have, under that article, extensive powers to regulate international navigation
in ice-covered waters in their Exclusive Economic Zones (EEZ) for the purpose of
34 Legal and political problems have arisen due to the fact that the legal status of large stretches of
waters in Canadian and Russian areas is contested. See Chircop (2018); Skaridova and Skaridov
(2018), p. 472.
35 As regards sources of hazards of operation in polar waters, see the introduction to the International
Code for Ships Operating in Polar Waters (Polar Code) (2014), section 3.
What Challenges Lie Ahead for Maritime Law?
267