still invoke that article to justify some requirements in their national legislation that
are stricter than the Code.
50
5.1.6 Consideration Within the CMI
The CMI has for a number of years taken great interest in polar issues. In 2011 the
CMI established an International Working Group with the mandate to identify for
study legal issues involving the Arctic Ocean and the Antarctic’s Southern Ocean in
view of climate change and increased shipping in the polar regions.
51
The CMI Working Group has examined issues relating to load lines in polar
shipping, the application of the Convention on International Regulations for
Preventing Collisions at Sea (COLREG) in polar environments and cruise passenger
rights in Arctic and Antarctic waters, as well as the liability Annex (Annex VI) to the
Protocol to the Antarctic Treaty. Some issues concerning that Annex have been
raised by the International Group of P&I Associations (P&I Clubs).
52
5.1.7 Legal Issues to Be Considered
It would go beyond the scope of this chapter to make a detailed analysis of the issues
that need to be considered in order to ensure that international maritime law is
adapted, where necessary, so as to be appropriate for shipping in the polar regions.
Some issues will however be discussed below.
The Polar Code and the related provisions in SOLAS and MARPOL are mainly
of a technical character. A number of other treaties would however also need to be
examined to establish whether they should be amended to take into account the
special conditions in the polar regions. For instance, it may have to be considered
whether special provisions in relation to polar shipping are needed in the Convention
on Load Lines and COLREG. Also treaties dealing with civil law matters ought to be
examined.
As regards civil liability for vessels-source oil spills, there is a difference between
the legal situation in the north and the south polar regions.
53 In the Arctic region the
coastal States have in place legislation dealing with liability and compensation
which, with one exception, is based on conventions adopted under the auspices of
50 Chircop et al. (2018), p. 450; Rosenberg Overby (2018), p. 457; Røsæg (2018), p. 468; Skaridova
and Skaridov (2018), p. 480; Bühler (2018).
51 Chircop (2012).
52 The main providers of shipowners’ third party liability insurance are the Protection and indemnity
Associations (P&I Clubs) which are mutual insurers. The International Group of P&I Associations
is a group of 13 P&I Clubs that collectively provide liability insurance for some 90% of the world’s
ocean-going tonnage and for some 95% of the world’s ocean-going tanker tonnage.
53 Rosenberg Overby (2015), p. 360.
What Challenges Lie Ahead for Maritime Law?
271
are stricter than the Code.
50
5.1.6 Consideration Within the CMI
The CMI has for a number of years taken great interest in polar issues. In 2011 the
CMI established an International Working Group with the mandate to identify for
study legal issues involving the Arctic Ocean and the Antarctic’s Southern Ocean in
view of climate change and increased shipping in the polar regions.
51
The CMI Working Group has examined issues relating to load lines in polar
shipping, the application of the Convention on International Regulations for
Preventing Collisions at Sea (COLREG) in polar environments and cruise passenger
rights in Arctic and Antarctic waters, as well as the liability Annex (Annex VI) to the
Protocol to the Antarctic Treaty. Some issues concerning that Annex have been
raised by the International Group of P&I Associations (P&I Clubs).
52
5.1.7 Legal Issues to Be Considered
It would go beyond the scope of this chapter to make a detailed analysis of the issues
that need to be considered in order to ensure that international maritime law is
adapted, where necessary, so as to be appropriate for shipping in the polar regions.
Some issues will however be discussed below.
The Polar Code and the related provisions in SOLAS and MARPOL are mainly
of a technical character. A number of other treaties would however also need to be
examined to establish whether they should be amended to take into account the
special conditions in the polar regions. For instance, it may have to be considered
whether special provisions in relation to polar shipping are needed in the Convention
on Load Lines and COLREG. Also treaties dealing with civil law matters ought to be
examined.
As regards civil liability for vessels-source oil spills, there is a difference between
the legal situation in the north and the south polar regions.
53 In the Arctic region the
coastal States have in place legislation dealing with liability and compensation
which, with one exception, is based on conventions adopted under the auspices of
50 Chircop et al. (2018), p. 450; Rosenberg Overby (2018), p. 457; Røsæg (2018), p. 468; Skaridova
and Skaridov (2018), p. 480; Bühler (2018).
51 Chircop (2012).
52 The main providers of shipowners’ third party liability insurance are the Protection and indemnity
Associations (P&I Clubs) which are mutual insurers. The International Group of P&I Associations
is a group of 13 P&I Clubs that collectively provide liability insurance for some 90% of the world’s
ocean-going tonnage and for some 95% of the world’s ocean-going tanker tonnage.
53 Rosenberg Overby (2015), p. 360.
What Challenges Lie Ahead for Maritime Law?
271