Waters (the Polar Code)
44 and related amendments to make the Code mandatory
under both SOLAS and MARPOL.
45 The Polar Code, which entered into force on
1 January 2017, covers safety, design, construction, equipment, operations, manning, training, search and rescue and environmental protection matters relevant to
ships operating in the waters surrounding the two poles.
46
It is generally considered that the Polar Code contains satisfactory solutions to
most issues relating to shipping in the polar regions. A number of issues that were
raised during the preparatory work were, however, not dealt with in the Code, and on
some points the Code does not satisfy some Arctic States which consider that the
standards set therein are too low.
47 Work to improve the Code is being carried out
within IMO. It can be expected that the Polar Code will be updated periodically to
take into account developments and experiences in polar shipping.
Some Arctic Coastal States have national legislation which may on specific points
not be in conformity with the Polar Code and related amendments to SOLAS and
MARPOL.
48 If such national legislation relates to the design, construction, manning
or equipment it may potentially be in conflict with UNCLOS article 21(2), which
provides that a costal state may apply national rules and standards to foreign flagged
vessels in innocent passage only when they give “effect to generally accepted
international rules or standards”.
49
The adoption of the Polar Code should significantly reduce the need for States to
invoke jurisdiction under article 234 of UNCLOS. Some Arctic States do however
44 As regards the development of the Polar Code, see Stemre (2018), pp. 237–247. An overview of
the Code from a Danish (Greenlandic) perspective is given in Rosenberg Overby (2015),
pp. 400–403. The sufficiency of the Polar Code for polar shipping needs is discussed by Chircop
(2016), p. 284. See also Fedi and Faury (2016), p. 323.
45 Since the Code addressed both maritime safety and environmental issues, the Code and related
amendments to SOLAS and MARPOL were adopted at separate but coordinated meetings of the
MSC in November 2014 (MSC Resolution 385(94)) and the MEPC in May 2015 (MEPC Resolution 265(68)). Amendments were also made to the STCW and the related Code.
46 See also Ringbom (2017), p. 23.
47 A few examples of this criticism can be given: The Polar Code does not ban the use of heavy fuel
oil as fuel or the carriage of such oil as cargo in the Arctic, unlike what is the case for the Southern
Ocean (MARPOL Annex I, Regulation 43). It does not address the problems relating to vessels not
covered by SOLAS, such as fishing vessels. The provisions on life saving appliances are said not to
be sufficiently precise and the problems faced by radio-communications in the Arctic not having
been properly addressed. Tandem travelling (i.e. passenger ships operating in pairs) as a mean of
safety for passenger vessels is not mentioned but is actually imposed in Greenland as part of the
requirements under the 1979 Convention on Maritime Search and Rescue (SAR). See Fedi and
Faury (2016), p. 334.
48 See Chircop (2016), pp. 276, 286–290, in particular his observations on the Canadian and Russian
legislation.
49 As regards the implementation of the Polar Code into national legislation and the criticism of the
Polar Code reference is made to the following articles published in Journal of International
Maritime Law, Issue 6 (2018): Chircop et al. (2018); Rosenberg Overby (2018); Røsæg (2018);
Skaridova and Skaridov (2018); Bühler (2018).
270
M. Jacobsson
44 and related amendments to make the Code mandatory
under both SOLAS and MARPOL.
45 The Polar Code, which entered into force on
1 January 2017, covers safety, design, construction, equipment, operations, manning, training, search and rescue and environmental protection matters relevant to
ships operating in the waters surrounding the two poles.
46
It is generally considered that the Polar Code contains satisfactory solutions to
most issues relating to shipping in the polar regions. A number of issues that were
raised during the preparatory work were, however, not dealt with in the Code, and on
some points the Code does not satisfy some Arctic States which consider that the
standards set therein are too low.
47 Work to improve the Code is being carried out
within IMO. It can be expected that the Polar Code will be updated periodically to
take into account developments and experiences in polar shipping.
Some Arctic Coastal States have national legislation which may on specific points
not be in conformity with the Polar Code and related amendments to SOLAS and
MARPOL.
48 If such national legislation relates to the design, construction, manning
or equipment it may potentially be in conflict with UNCLOS article 21(2), which
provides that a costal state may apply national rules and standards to foreign flagged
vessels in innocent passage only when they give “effect to generally accepted
international rules or standards”.
49
The adoption of the Polar Code should significantly reduce the need for States to
invoke jurisdiction under article 234 of UNCLOS. Some Arctic States do however
44 As regards the development of the Polar Code, see Stemre (2018), pp. 237–247. An overview of
the Code from a Danish (Greenlandic) perspective is given in Rosenberg Overby (2015),
pp. 400–403. The sufficiency of the Polar Code for polar shipping needs is discussed by Chircop
(2016), p. 284. See also Fedi and Faury (2016), p. 323.
45 Since the Code addressed both maritime safety and environmental issues, the Code and related
amendments to SOLAS and MARPOL were adopted at separate but coordinated meetings of the
MSC in November 2014 (MSC Resolution 385(94)) and the MEPC in May 2015 (MEPC Resolution 265(68)). Amendments were also made to the STCW and the related Code.
46 See also Ringbom (2017), p. 23.
47 A few examples of this criticism can be given: The Polar Code does not ban the use of heavy fuel
oil as fuel or the carriage of such oil as cargo in the Arctic, unlike what is the case for the Southern
Ocean (MARPOL Annex I, Regulation 43). It does not address the problems relating to vessels not
covered by SOLAS, such as fishing vessels. The provisions on life saving appliances are said not to
be sufficiently precise and the problems faced by radio-communications in the Arctic not having
been properly addressed. Tandem travelling (i.e. passenger ships operating in pairs) as a mean of
safety for passenger vessels is not mentioned but is actually imposed in Greenland as part of the
requirements under the 1979 Convention on Maritime Search and Rescue (SAR). See Fedi and
Faury (2016), p. 334.
48 See Chircop (2016), pp. 276, 286–290, in particular his observations on the Canadian and Russian
legislation.
49 As regards the implementation of the Polar Code into national legislation and the criticism of the
Polar Code reference is made to the following articles published in Journal of International
Maritime Law, Issue 6 (2018): Chircop et al. (2018); Rosenberg Overby (2018); Røsæg (2018);
Skaridova and Skaridov (2018); Bühler (2018).
270
M. Jacobsson