5.1.4 The Arctic Council
There is no corresponding regime for the Arctic region. There is, however, a regional
body created through the 1996 Ottawa Declaration on the Establishment of the
Arctic Council. The Council, which is essentially a political and not a regulatory
body, has as objective to promote cooperation, coordination and interaction among
the Arctic States, with the involvement of the Arctic indigenous communities and
other Arctic inhabitants on common Arctic issues.
39 In 2013 the Council adopted an
Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in
the Arctic. In 2015 the Arctic Coast Guard Forum was established, designed to be an
operational entity for coordination of the use of resources. There is also an Arctic
Search and Rescue Agreement between the Council Members.
40
5.1.5 Consideration of Polar Issues Within IMO and the Polar Code
The problems relating to polar shipping have been considered within IMO for a
number of years.
41 IMO has declared the Antarctic a special area under MARPOL
Annexes I, II and V,
42 whereas there are no similar declarations for the Arctic. IMO
has developed several Guidelines focussing on shipping in the polar regions.
43 In
addition, in 2010 amendments were adopted to the 1978 Convention on Standards
for Training, Certification and Watchkeeping (STCW) that provide training guidance for personnel serving on board ships operating in polar waters.
After lengthy preparations, in 2014/2015 the competent committees of IMO
(MSC and MEPC) adopted the International Code for Ships Operating in Polar
39 The following States are members of the Arctic Council: Canada, Denmark (representing
Greenland and the Faroe Islands), Finland, Iceland, Norway, the Russian Federation, Sweden and
the United States. Six organisations representing arctic indigenous peoples have status as Permanent
Participants. Observer status in the Arctic Council is open to non-arctic states, along with intergovernmental, inter-parliamentary, global, regional and non-governmental organisations that the
Council determines can contribute to its work. Thirteen non-arctic States have observer status:
China, France, Germany, India, Italy, Japan, Netherlands, Poland, Republic of Korea, Singapore,
Spain, Switzerland and the United Kingdom.
40 National oil spill response preparedness for the Arctic States is described by Rosenberg Overby
(2015), pp. 403–408.
41 Stemre (2018), p. 232.
42 These Annexes refer to prevention of pollution by oil, noxious liquid substances and garbage
from ships, respectively. Special areas are provided a higher degree of environmental protection
under MARPOL than other areas.
43 The 2002 Guidelines for Ships Operating in Arctic Ice-covered Waters (MSC/Circ. 1056),
replaced in 2009 by Guidelines for Ships Operating in Polar Waters (Resolution A.1024(26))
which apply to both the Arctic and the Antarctic area, the 2007 Guidelines on Voyage Planning
for Passenger Ships Operating in Remote Areas (Resolution A.999(25)) and the 2009 Guidelines
for Cruise Ships Operating in Polar Waters (Resolution A.1024(26)).
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269
There is no corresponding regime for the Arctic region. There is, however, a regional
body created through the 1996 Ottawa Declaration on the Establishment of the
Arctic Council. The Council, which is essentially a political and not a regulatory
body, has as objective to promote cooperation, coordination and interaction among
the Arctic States, with the involvement of the Arctic indigenous communities and
other Arctic inhabitants on common Arctic issues.
39 In 2013 the Council adopted an
Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in
the Arctic. In 2015 the Arctic Coast Guard Forum was established, designed to be an
operational entity for coordination of the use of resources. There is also an Arctic
Search and Rescue Agreement between the Council Members.
40
5.1.5 Consideration of Polar Issues Within IMO and the Polar Code
The problems relating to polar shipping have been considered within IMO for a
number of years.
41 IMO has declared the Antarctic a special area under MARPOL
Annexes I, II and V,
42 whereas there are no similar declarations for the Arctic. IMO
has developed several Guidelines focussing on shipping in the polar regions.
43 In
addition, in 2010 amendments were adopted to the 1978 Convention on Standards
for Training, Certification and Watchkeeping (STCW) that provide training guidance for personnel serving on board ships operating in polar waters.
After lengthy preparations, in 2014/2015 the competent committees of IMO
(MSC and MEPC) adopted the International Code for Ships Operating in Polar
39 The following States are members of the Arctic Council: Canada, Denmark (representing
Greenland and the Faroe Islands), Finland, Iceland, Norway, the Russian Federation, Sweden and
the United States. Six organisations representing arctic indigenous peoples have status as Permanent
Participants. Observer status in the Arctic Council is open to non-arctic states, along with intergovernmental, inter-parliamentary, global, regional and non-governmental organisations that the
Council determines can contribute to its work. Thirteen non-arctic States have observer status:
China, France, Germany, India, Italy, Japan, Netherlands, Poland, Republic of Korea, Singapore,
Spain, Switzerland and the United Kingdom.
40 National oil spill response preparedness for the Arctic States is described by Rosenberg Overby
(2015), pp. 403–408.
41 Stemre (2018), p. 232.
42 These Annexes refer to prevention of pollution by oil, noxious liquid substances and garbage
from ships, respectively. Special areas are provided a higher degree of environmental protection
under MARPOL than other areas.
43 The 2002 Guidelines for Ships Operating in Arctic Ice-covered Waters (MSC/Circ. 1056),
replaced in 2009 by Guidelines for Ships Operating in Polar Waters (Resolution A.1024(26))
which apply to both the Arctic and the Antarctic area, the 2007 Guidelines on Voyage Planning
for Passenger Ships Operating in Remote Areas (Resolution A.999(25)) and the 2009 Guidelines
for Cruise Ships Operating in Polar Waters (Resolution A.1024(26)).
What Challenges Lie Ahead for Maritime Law?
269